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HomeMy WebLinkAboutAgenda Packet City Council - 09/16/2014Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 16, 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 Reverend Yul Ibay, Holy Cross Catholic Church. C. Pledge of Allegiance to the Flag of the United States to be led by Police Commander Todd Green. 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 9/15/2014 City Council Meeting Agenda - Final September 16, 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 SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Other H. EXECUTIVE SESSION: (ITEMS 1 - 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 1. 14-001050 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. 2. 14-001056 Executive Session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding legal issues related to uninterruptible water rates and potential production of uninterruptible waterwith possible discussion and action in open session. I. MINUTES: 3. 14-001007 Regular Meeting of September 9, 2014 Attachments: Minutes - September 9, 2014 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, Corpus Christi Page 2 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 4 - 23) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 14-00925 Approving the purchase of four hundred (400) AV 3000 HT Masks for the Fire Department Motion approving the purchase of four hundred (400) AV 3000 HT Mask from Municipal Emergency Services Inc., Houston, Texas in accordance with Bid Invitation No. BI -0234-14 based on the lowest responsible bid for a total expenditure of $83,556.00. Funds are available in the General Fund Budget FY 2013- 2014. Attachments: Agenda Memo - HT Masks Bid Tabulation - HT Masks.pdf 5. 14-00863 Approving supply agreements for food items for the Elderly Nutrition Program (ENP) Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-14-3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $235,260.88, of which $117,630.43 is required for the remainder of FY 2013-2014. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Corpus Christi, Texas 181 Line Items $125,653.64 Grand Total: $235,260.88 Performance Food Group Victoria, Texas 113 Line Items $109,607.24 Corpus Christi Page 3 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Attachments: Agenda Memo - Food Items Award Summary - Food Items 6. 14-00886 Approving the purchase of the Community Development and Regulation (CDR) module of Infor for the Health Department Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional licenses and consulting hours provided sole source from Infor (US), Inc., Alpharetta, GA, for a total expenditure of $76,263. Funds are available in the Health Department FY2013-2014 budget. Attachments: Agenda Memo - Health Infor Change Order - Health Infor Services Corpus Christi Health 06272014 7. 14-00983 Approving an interlocal agreement for local emergency response planning Resolution authorizing the City Manager, or his designee, to execute a renewal of an Interlocal Cooperation Agreement for a term of five (5) years for the Local Emergency Response Planning Specific to Extremely Hazardous Substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. Attachments: Ageda Memo - LEPC Resolution - LEPC Interlocal Agreement - LEPC 8. 14-00942 Authorizing an interlocal agreement with West Oso School District for prevention and intervention services from the Juvenile Assessment Center Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with West Oso Independent School District regarding prevention and intervention programs. Attachments: Agenda Memo - West Oso Interlocal Resolution - West Oso Interlocal 2014 - Parks Interlocal Agreement - West Oso 9. 14-00956 Approving a process of notification for the sale of parks and use of proceeds for parks sold subject to the 2014 election ballot proposition Resolution dedicating the proceeds from the sale of park lands exclusively for the improvement of existing parks; requiring notification to property owners within 500 feet of a park land to be sold; and providing for an effective date. Corpus Christi Page 4 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Attachments: Agenda Memo - Sale of Parks Resolution - Park Sale 2014 - Parks 10. 14-00960 Approving the renewal of a joint funding agreement for maintaining accurate records of all inflows and releases in the City's water reservoir Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $140,860. Attachments: Agenda Memo - USGS Agreement Agreement - USGS Agreement 11. 14-00413 Approving an engineering design contract for interim sludge management improvements at O. N. Stevens water treatment plant Motion authorizing the City Manager or designee to execute the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $119,600 for the O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements for design, bid and construction phase services. Attachments: Agenda Memo - ONSWTP Interim Sludge Protect Budget - ONSWTP Interim Sludge Location Map - ONSWTP Interim Sludge Contract - ONSWTP Interim Sludge Presentation - ONSWTP Interim Sludge 12. 14-00900 Approving amendment no. 4 of an engineering monitoring contract for the Watershed Monitoring Program Motion authorizing the City Manager or designee to execute Amendment No. 4 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $98,439, for a total restated fee of $555,081 Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015. Attachments: Agenda Memo - Water Quality Monitoring Project Budget - Water Quality Monitoring Location Map - Water Quality Monitoring Contract - Water Quality Monitoring Presentation - Water Quality Monitoring 13. 14-00818 Authorizing a design services contract for the Police Vehicle Corpus Christi Page 5 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Impound Yard and Garage Phase 2 project (Bond 2012) Motion authorizing the City Manager, or designee, to execute a Design Services Contract with Freese and Nichols from Corpus Christi, Texas in the amount of $110,168 for the Police Vehicle Impound Yard and Garage Phase 2 for the design, bid, and construction phase services (Bond 2012). Attachments: Agenda Memo - Vehicle Impound Yard Garage Phase 2.pdf Project Budget - Vehicle Impound Yard Garage Phase 2.pdf Location Map - Vehicle Impound Yard Garage Phase 2.pdf Contract - Vehicle Impound Yard Garage Phase 2.pdf Presentation - Vehicle Impound Yard Garage Phase 2.pdf 14. 14-00867 Approving an engineering services contract for groundwater monitoring and related services at the JC Elliott Municipal Landfill Motion authorizing the City Manager, or designee, to execute an engineering contract with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $133,700.00 for Groundwater Monitoring and Related Services at J.0 Elliott Landfill. Attachments: Agenda Memo -Groundwater Monitoring JC Elliott 2014-2015.pdf Protect Budget - Groundwater Monitoring JC Elliott 2014-2015.pdf Location Map - Groundwater Monitoring JC Elliott 2014-2015.pdf Presentation - Groundwater Monitoring JC Elliott 2014-2015.pdf Contract - Groundwater Monitoring JC Elliott 2014-2015.pdf 15. 14-00868 Approving an engineering services contract for groundwater monitoring and related services at Cefe Valenzuela Landfill Motion authorizing the City Manager, or designee, to execute an engineering contract with Tolunay-Wong Engineers of Houston, Texas in the amount of $138,280.00 for Groundwater Monitoring and Related Services at Cefe Valenzuela Landfill. Attachments: Agenda Memo -Groundwater Monitoring Cefe 2014-2015.pdf Project Budget - Groundwater Monitoring Cefe 2014-2015.pdf Location Map - Groundwater Monitoring Cefe.pdf Contract - Groundwater Monitoring Cefe 2014-2015.pdf Presentation - Groundwater Monitoring Cefe 2014-2015.pdf 16. 14-00901 Amending the Corpus Christi Downtown Management District agreement to align with the City's fiscal year Resolution authorizing the City Manager or designee to amend the Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District to align with the City's new fiscal year. Corpus Christi Page 6 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Attachments: Agenda Memo - DMD Fiscal Year Change Resolution - DMD City Consulting Agmt Amdmt0l Resol 20140805 Amendment - DMD Interlocal Agreement 17. 14-00927 Second Reading Ordinance - Accepting and appropriating grant funds for the Edward Byrne Memorial Justice Assistance Grant (JAG)(1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $168,613 for the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $168,613 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. Attachments: Agenda Memo - JAG grant appropriation 09.09.2014 Ordinance - JAG Grant Award - Reportjll 18. 14-00936 Second Reading Ordinance - Accepting and appropriating grant funding for the Senior Companion Program (SCP)(1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program with a City match of $76,903; and appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. Attachments: Agenda Memo - SCP Federal Grant award 2014 Ordinance - SCP Fed Grant award 2015 Attachment - Federal Award Letter 2015 19. 14-00937 Second Reading Ordinance - Accepting and appropriating grant funds for the Elderly Nutrition Program (ENP)(1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $427,397 final 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 #3 Ordinance - ENP FY14 Grant Award #3 Attachment - Notification of Funds Availble for FY2014 Corpus Christi Page 7 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 20. 14-00965 Second Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP)(1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $47,934.00 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $47,934.00 grant in the No. 1067 Parks and Recreation Grants Fund. Attachments: Agenda Memo - RSVP 47934 Ordinance - RSVP Grant 47943 2014 - Parks Attachment - Notice of Funding 21. 14-00977 Second Reading Ordinance - Accepting and appropriating a continued services "Bundle" grant from the Texas Department of State Health Services for continued clinical services (1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a total grant amount of $722,821 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services for the contract period of September 1, 2014 through August 31, 2015; and to ratify acceptance of the grants to begin as of September 1, 2014. Attachments: Agenda Memo - Bundled Grant Ordinance - Bundled Grant.pdf General Provisions Contract - 2015 General Provisions SubrecipientsV1.pdf Contract - IDCU Flu FY15.pdf Contract - CPS LRN-PHEP FY15 .pdf Contract - RLSS FY15 .pdf Contract - IMM LOCALS FY15 .pdf Contract - TB PC State FY15 2015.pdf Contract - TB PC FED FY15 .pdf 22. 14-00786 Second Reading Ordinance - Rezoning from the "RE" Residential Estate District to the "CG -2" General Commercial District, on property located at 822 Graham Road (Public Hearing held 7/22/14) (Tabled 7/29/14) (Postponed 8/26/14)(1st Reading 9/9/14) Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. The property to be rezoned is described as a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard Corpus Christi Page 8 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 and Waldron Road. Staff Recommendation: Denial of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District and, in lieu thereof, approval of a Special Permit for a boat storage facility subject to ten conditions. Planning Commission Recommendation: Approval of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo, CCSemloh Partnership, Ltd Ordinance - CG -2, PC Recommendation CCSemloh Partnership, Ltd Zoning Report - CCSemloh Partnership, Ltd Aerial Overview Map - CCSemloh Partnership, Ltd 23. 14-00928 Second Reading Ordinance - Amending the board composition for Reinvestment Zone Number Three (1st Reading 9/9/14) Amending Ordinance No. 027996, adopted on December 16, 2008, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Reinvestment Zone"), which was amended by Ordinance No. 028136 on April 28, 2009 and Ordinance No. 029403 on March 2, 2012, to correct the Board appointment procedure to comply with state law on tax increment participation; providing for severance; and providing for publication. Attachments: Agenda Memo TIRZ #3 Composition Ordinance Amendment - TIRZ #3 Composition M. PUBLIC HEARINGS:(NONE) N. REGULAR AGENDA: (ITEM 24) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 24. 14-00992 Adopting the Fiscal Year 2014 Property Tax Rate Corpus Christi Page 9 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Ordinance setting a property tax rate of $0.585264 per $100 valuation which is effectively a 7.71% increase over the effective tax rate; and declaring an emergency. Attachments: Agenda Memo - Ad Valorem Tax Rate - Adopting the 2015 Rate.pdf Ordinance - Ad Valorem Tax Rate 2015.pdf O. FIRST READING ORDINANCES: (ITEMS 25 - 31) 25. 14-001001 First Reading Ordinance - Accepting and appropriating grant and reimbursement funds from Texas State Library and Archives Commission for special library services Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas State Library and Archives Commission ("TSLAC") in the amount of $8,373 for the Impact Grant, in the amount of $37,226 for the Special Projects Grant, in the amount of $4,822 for the Edge Implementation Reimbursement Program, and in the amount of $3,000 for the Texas Reads Grant; and appropriating $53,421 from TSLAC in the Library Grants Fund No. 1068. Attachments: Agenda Memo - appropriating Funds from TSLAC and Reimbursment (53,421) Ordinance - appropriating Funds from TSLAC and Reimbursment (53,421) 9.16 26. 14-00991 First Reading Ordinance - Accepting and appropriating amendment no. 2 of the Federal Aviation Administration grant for upgrading security and perimeter road systems at the airport Ordinance appropriating $92,864 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment No. 2, in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $92,864. Attachments: Agenda Memo - Grant 48 Amendment 2 Appropriation Ordinance - Grant 48 Amendment2 Appropriation FAA Award Letter - Grant 48.pdf 27. 14-00994 First Reading Ordinance - Appropriating Federal Aviation Administration grant funds for taxiway improvements at the airport Ordinance appropriating $6,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-051-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $6,500,000. Corpus Christi Page 10 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Attachments: Agenda Memo - FAA Grant 51 Appropriation Ordinance - Grant 51 Appropriation FAA Grant Agreement.pdf 28. 14-001027 First Reading Ordinance - Approving the Southside FM2444 Annexation Ordinance annexing Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the proposed APEX Wind Farm; providing for a Municipal Services Plan for the annexed tracts of land; providing that the owner and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions and Rules; providing for amendment of the official maps of the City of Corpus Christi; designating area to be added to City Council District number 5; providing for severence; and providing an effective date. Attachments: Agenda Memo - Southside FM 2444 Annexation Ordinance - Southside FM2444 Annexation Location Map - Southside FM 2444 Annexation Property Owner Letter and Development Agreement 29. 14-001033 First Reading Ordinance - Amending the Capital Improvement Budget to accelerate funding for Mary Rhodes Pipeline Phase 2 due to change in fiscal year Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Mary Rhodes Pipeline Phase 2 in the amount of $14,000,000 from Fiscal Year 2015 to Fiscal Year 2014; and increasing expenditures in the amount of $14,000,000. Attachments: Agenda Memo - Mary Rhodes Phase 2 Ordinance - Mary Rhodes Phase II SPECIAL BUDGET RELATED ITEMS (ITEMS 30 - 32) 30. 14-001028 First Reading Ordinance - Adopting the Proposed FY 2014-2015 Operating Budget Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning October 1, 2014; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Corpus Christi Page 11 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Attachments: Agenda Memo - Adoption of FY 2014-2015 Operating Budget, 1st Reading Ordinance - FY 2014-2015 Budget Ordinance (revised) Amendment Sheet - FY2015 31. 14-001030 First Reading Ordinance - Adjusting Water, Wastewater and Gas Rates Ordinance amending the Code of Ordinances, Chapter 55, regarding water, gas and wastewater rates and fees; water laboratory charges; compressed natural gas rates and charges; providing for publication, providing for severance, and providing effective date. Attachments: Agenda Memo - Ordinance Adjusting Water, Wastewater and Gas Rates, 1st RE Ordinance - Utility FY 2015 V4 P. FUTURE AGENDA ITEMS: (ITEMS 32 - 45) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 32. 14-00846 Approving new rental and recreational use fees for fiscal year 2014-2015 Resolution adding new rental and recreational use fees for fiscal year 2014-2015 and providing for publication; effective date; and severance of the same. Attachments: Agenda Memo - FY15 New Fees Parks and Recreation Resolution - New Fee 2014 - Parks Exhibit A - FY14 Fees Parks and Recreation 33. 14-001045 Development Agreements for Property Owners with Exemptions in the Southside FM 2444 Annexation Area Resolution granting a Development Agreement for properties in the Proposed Southside FM 2444 Annexation Area where the property contains an agricultural, wildlife management, or timber land exemption established by the Nueces County Appraisal District and where the property owner has requested the City grant a development agreement in lieu of annexation on their qualifying property; providing for a 15 year time limit; providing that the City will not annex land that is the subject of a Development Agreement; providing that the development agreement authorizes the City to enforce all regulations and planning authority of the municipality provided the authority does not interfere with the use of the area for agriculture, wildlife management, or timber land uses; providing that the area under the Development Agreement is considered adjacent or contiguous to the city; providing that the agreement is automatically terminated if the landowner files any type of subdivision plat or related development document regardless of how the property is appraised by the Nueces County Appraisal District; providing that the Corpus Christi Page 12 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 agreement will be filed with the Nueces County Clerk; providing for severance; and providing an effective date. Attachments: Agenda Memo - Development Agreements Resolution - Development Agreements Exhibits A -F - Development Agreement Aerial Map - Development Agreement 34. 14-00885 Approving engineering contract amendment no. 2 for water program management Motion authorizing the City Manager or designee to execute Amendment No. 2 to the engineering contract with URS Corporation of Corpus Christi, Texas in the amount of $250,000 for a total restated fee not to exceed $550,000 for Water Program Management. Attachments: Agenda Memo - Water Program Mgmt Project Budget - Water Program Mgmt Location Map - Water Program Mgmt Contract - Water Program Management Presentation - Water Program Mgmt 35. 14-00899 Approving amendment no. 1 to the engineering services contract for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015 Motion authorizing the City Manager or designee to execute Amendment No. 1 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,687, for a total restated fee of $192,292 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. Attachments: Agenda Memo - Salinity Monitoring Project Budget - Salinty Monitoring Location Map - Salinity Monitoring Contract - Salinity Monitoring Presentation - Salinity Monitoring 36. 14-001031 Resolution to acknowledge the Homeless Housing and Service Program funding from TDHCA to the Mother Teresa Shelter, Inc. Resolution to acknowledge the current FY2014-2015 funding allocation of $199,843 provided by the Texas Department of Housing and Community Affairs to Mother Teresa Shelter, Inc. for the Homeless Housing and Services Program; and to have each City Council member submit a TDHCA "Uniform Previous Participation Form". Corpus Christi Page 13 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Attachments: Agenda Memo - Mother Teresa Shelter Resolution Resolution - Mother Teresa Shelter Final Form - Uniform Previous Participation -City Historical Resolution 028425 SPECIAL VEHICLE PURCHASES (ITEMS 37 - 45) 37. 14-00879 Purchase of two (2) Police Interceptor sedans Motion approving the purchase of two (2) police interceptor sedans from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $55,172.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo - Purchase of Police Interceptors Price Sheet - Police Interceptor Sedans.pdf 38. 14-00915 Purchase of thirty-one (31) Police Vehicles Motion approving the purchase of thirty-one (31) police vehicles from Sames Ford, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0224-14, based on lowest responsible bid for a total expenditure of $794,185.49. Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo - Police Vehicles Bid Tabulation - Police Vehicles.pdf 39. 14-00918 Purchase of four (4) Tahoe Police Special Service Vehicles Motion approving the purchase of four (4) Tahoe police special service vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total expenditure of $133,088.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo - Tahoe Police SSV Price Sheet - Tahoe Police SSV.pdf 40. 14-001014 Purchase and Lease Purchase of Backhoes five (5) in total Motion approving the purchase of two (2) Series III Tractor Loader Backhoes and Lease Purchase of three (3) Series IV Tractor Loader Backhoes from Doggett Machinery of Corpus Christi, Texas, based on lowest responsible bid in accordance with Bid Invitation BI -0237-14 for a total amount of $364,353. The backhoe will be used by the Gas, Park & Recreation, Water and Wastewater Department. These units are replacement to the fleet. Funds for the purchase of (2) two tractor loader backhoes are available in the FY 2013-2014 Capital Outlay Budget of the Maintenance Services. Funds for the lease purchase of three (3) Corpus Christi Page 14 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 tractor loader backhoes will be provided through the City's lease/purchase financing program. Attachments: Agenda Memo - Purchase and Lease Purchase of Backhoes Bid Tab - BI -0237-14 41. 14-001025 Purchase and Lease Purchase of six (6) Green City Initiative Vehicles and Five (4) Heavy Trucks Motion approving the purchase two (2) CNG vehicles, one (1) hybrid vehicle, four (4) heavy trucks and the lease -purchase of two (2) CNG Vans and one (1) heavy trucks from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $403,915.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the vehicles have been budgeted in FY 2013-2014. Financing for the lease -purchase of the vehicles will be provided through the City's lease -purchase financing contractor. Attachments: Agenda Memo - Purchase and Lease Purchase of Six (6) Green City Initiative V Price Sheet - Purchase and Lease Purchase of Five (5) Green City Initiative Vel 42. 14-00951 Purchase of one (1) Wheel Loader and one (1) Skid Steer Loader Motion approving the purchase of one (1) Wheel Loader and one (1) Skid Steer Loader from Waukesha - Pearce Industries Inc., Corpus Christi, Texas for the total amount of $97,519.53. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding for the purchase of the loaders is available in the Fleet Maintenance Services Fund in FY 2013- 2014. Attachments: Agenda Memo - Purchase of Wheel & Skid Steer Loader Price Sheet - Purchase of Wheel & Skid Loader 43. 14-00952 Purchase and Lease Purchase of six (6) Mowers, three (3) Tractors and seven (7) Heavy Trucks (CNG) Motion approving the purchase five (5) mowers, three (3) tractors, four (4) heavy trucks (CNG), and the lease -purchase of one (1) mower, and three (3) heavy trucks (CNG) from the following companies for the following amounts for a total amount of $1,593,206.52. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). Funding for the purchase of mowers, tractors and heavy trucks are available in the Capital Outlay Budget of the Maintenance Service Fund and the Municipal Information System Fund. Financing for the lease -purchase of mower and heavy trucks will be provided through the City's lease -purchase financing contractor. John Deere Company Houston Freightliner Kubota Tractor Corp. Corpus Christi Page 15 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Cary, NC Items 1,2,&3 $118,389.52 Houston, TX Items 4, 5, 6, 7, 8 & 9 $1,391,583.00 Grand Total: $1,593,206.52 Torrance, CA Items 10 & 11 $83,234.00 Attachments: Agenda Memo - Purchase and Lease Purchase of Mowers, Tractors and Heavy Price Sheet - Purchase and Lease Purchase of Mowers, Tractors and Heavy Tr 44. 14-00953 Purchase and Lease of five (5) Excavators Motion approving the purchase of four (4) excavators and the lease purchase of one (1) excavator from Doggett Machinery, Corpus Christi, TX for the total amount of $221,674.00. The award is based on the lowest responsible bid in accordance to Bid Invitation BI -0223-14. Funding for the purchase of excavators is available in the Fleet Maintenance Services Fund in FY 2013-2014. Funds for the lease purchase of excavator will be provided through the City's lease purchase financing program. Attachments: Agenda Memo - Purchase and Lease Purchase of Excavator(s) Bid Tabulation - Purchase and Lease Purchase of Excavator(s) 45. 14-00954 Purchase of one (1) Forklift Motion approving the purchase of one (1) Forklift from American Material Handling, Inc. Watkinsville, GA for the total amount of $58,863.00. The award is based on the lowest responsible bid in accordance with Bid Invitation BI -0226-14. Funding for the purchase of the forklift is available in Fleet Maintenance Services Fund in FY 2013- 2014. Attachments: Agenda Memo - Purchase of Forklift Price Sheet - Purchase of Forklift Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 46 - 48) 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. 46. 14-00919 Establishment and Implementation of an Airport Zoning Commission Attachments: Agenda Memo - Airport Zoning Commission Proposed Schedule - Airport Zoning Commission Presentation - Airport Zoning Commission 47. 14-00989 Corpus Christi Downtown Management District Update Corpus Christi Page 16 Printed on 9/15/2014 City Council Meeting Agenda - Final September 16, 2014 Attachments: Agenda Memo - DMD Update Presentation Presentation - DMD Update 2014 48. 14-00998 State legislative policy priorities for 84th Regular Session of the Texas Legislature in 2015 Attachments: Agenda Memo - State Legislative Policy Priorities Presentation - State Legislative Policy Priorities R. ADJOURNMENT Corpus Christi Page 17 Printed on 9/15/2014 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 9, 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 Pastor Felix Zavala, El Shaddai Church. City Secretary Rebecca Huerta gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Police Captain David Blackmon, Code Enforcement. Police Captain David Blackmon led 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 the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Council Member Leal has been granted a leave of absence. (Council Member Scott arrived at 11:45 a.m. Council Member Riojas arrived at 11:47 a.m.) Charter Officers: Deputy City Manager Margie Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. (City Manager Ron Olson arrived at 11:51 a.m.) Present: 8 - Mayor Nelda Martinez,Council Member Kelley AIIen,Council Member Rudy Garza,Council Member David Loeb,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Mark Scott Absent: 1 - Council Member Priscilla Leal E. Proclamations / Commendations 1. Proclamation declaring September 2014 as, "National Childhood Corpus Christi Page 1 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 Cancer Awareness Month and September 9, 2014 as Childhood Cancer Awareness Day" Proclamation declaring September 2014 as, "Life Insurance Awareness Month" Proclamation declaring September 24, 2014 as, "Putting With Your Politicians" Proclamation declaring September 26, 2014 as, "Nueces County Community Action Agency's 50th Anniversary" Presentation of September Green and Clean Award to Brewster Street Icehouse Swearing-in Ceremony for City Attorney Miles K. Risley Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for City Attorney Miles K. Risley. 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 public. Abel Alonzo thanked Police Chief Floyd Simpson, the Police Department and Officer Denise Pace for securing the environment around City Hall. Susie Luna Saldana thanked City Manager Ron Olson, Police Chief Floyd Simpson and Fire Chief Robert Rocha for attending the Labor Day celebration. Ms. Saldana also addressed the increase in fees and fines on taxpayers. Dr. Ridge Hammons spoke regarding the statistics presented by the Commission on Children and Youth that focus on the effects of reducing programs for youth. Dr. Hammons requested that the Council consider not removing programs that keep youth occupied. Brian Watson commended Police Officer Denise Pace for keeping City Hall safe and spoke regarding the beach erosion on North Beach. Carrie Robertson Meyer spoke regarding the erosion on North Beach and asked the Council to be proactive when the community expresses concerns. Ms. Meyer also spoke regarding Item 25, the process of notification for the sale of parks and use of proceeds for parks that are sold. Gary Schwartz spoke regarding an excessive water bill that he received for his residence and the cost of water. Juan Araiza requested that the City Council hold City leaders accountable and responsible. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Water Rates Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson stated that staff has presented two work sessions regarding the FY2014-2015 Operating budget and the biggest issue is the increase in water rates. The water system is the most important asset to city and the region. Staff has listened to the City Council and the public that the increase in the proposed water rates is burdensome to the citizens and staff is proposing an alternative to mitigate those fees. Mr. Olson explained that staff is presenting an option to use $8.6 million from the unrestricted reserve Corpus Christi Page 2 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 b. Other balance to offset the impacts of conservation. Mr. Olson stated that option is not a permanent fix and would like to recommend coming back early next year to address the rate structure and how to administer the rates. Mr. Olson added that staff is pursuing the most cost effective and efficient way to manage the water system. Executive Director of Utilities Mark Van Vleck referred to a powerpoint presentation on the water rates including the option of using reserves to offset impacts of conservation; the overall costs included in the water rate; the calculation to determine unit cost for the system; costs; adjustments; volume; the calculation to determine rates; the unit cost for raw water and storm water; the inside -city -limit (ICL) residential unit cost; the calculated block rates; and the calculation to determine the water rate. Council members expressed support to use the reserves to offset the impacts of conservation. None. J. BOARD & COMMITTEE APPOINTMENTS: 6. Arts and Cultural Commission Landmark Commission Library Board Museum of Science and History Advisory Board Sister City Committee Water Resources Advisory Committee Mayor Martinez referred to board and committee appointments. The following appointments were made: Library Board Council Member McIntyre made a motion to appoint Abigail Bair, seconded by Council Member Scott and passed unanimously. Arts and Cultural Commission Mayor Martinez made a motion to recommend the reappointments of Patricia Reinhardt-Mondragon, Brad Kisner and Paul Duke, seconded by Council Member McIntyre and passed unanimously. Landmark Commission Council Member Magill made a motion to reappoint John M. Olson and Kim Charba, seconded by Council Member McIntyre and passed unanimously. Council Member McIntyre made a motion to appoint Antonio Illas, seconded by Council Member Magill and passed unanimously. Council Member Loeb made a motion to appoint Craig Thompson, seconded by Council Member McIntyre and passed unanimously. Council Member McIntyre made a motion to realign Albert R. Soto to a regular member, seconded by Council Member Scott and passed unanimously. Council Member Magill made a motion to appoint Ernest Bert Rucker, Jr., Matt Teifke, Jr. and Nathan Westervelt, seconded by Council Corpus Christi Page 3 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 Member McIntyre and passed unanimously. H. EXECUTIVE SESSION: (ITEMS 2 - 4) 2. 3. 4. Mayor Martinez referred to the day's executive sessions. City Secretary Huerta announced that Council Member Magill is recusing himself from the discussion on Item 4. The Council went into executive session. Executive Session pursuant to Section 551.074, Personnel Matters, of the Texas Government Code for deliberations as to the appointment and employment of a Municipal Court Judge with possible discussion and action related thereto in open session. Mayor Martinez referred to Item 2 and stated that the following motion was discussed in executive session for consideration: Motion to approve an Ordinance accepting the recommendation of the Municipal Court Committee and providing for the appointment of Ray Gonzalez for a position as Municipal Court Judge of the Municipal Court of Record in the City of Corpus Christi, Texas. Council Member Loeb made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed and approved on emergency reading with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030271 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. This E -Session Item was discussed in executive session. Executive Session pursuant to Section 551.071 of theTexas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys on annexation, with possible action and discussion in open session This E -Session Item was discussed in executive session. I. MINUTES: 5. Regular Meeting of August 26, 2014 and Special Meeting of August 29, 2014 Mayor Martinez referred to approval of the minutes. Council Member Garza Corpus Christi Page 4 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 made a motion to approve the minutes, seconded by Council Member Allen and passed unanimously. Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 7 - 9) 7. Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. The consent agenda items were passed by one vote as follows: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Second Reading Ordinance - Rezoning from the "RM -3" Multifamily 3 District to the "RM -AT" Multifamily Apartment Tourist District, on property located at 14202 Ambrosia Street. (1st Reading 8/26/14) Case No. 0714-07 Masterpiece Holdings, Inc.: A change of zoning from the "RM -3" Multifamily 3 District to the "RM -AT" Multifamily AT. The property is described as Lot 10, Block 2, Padre Island No. 1, located on the north side of Ambrosia Street, southeast of South Padre Island Drive (PR 22) and east of Marina Drive. Planning Commission and Staff Recommendation (July 30, 2014): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "RM -AT" Multifamily Apartment Tourist District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Masterpiece Holdings, Inc., ("Owner"), by changing the UDC Zoning Map in reference to Lot 10, Block 2, Padre Island No. 1, from the "RM -3" Multifamily 3 District to the "RM -AT" Multifamily AT; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was heard on Second Reading and was passed on the Consent Agenda. Corpus Christi Page 5 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 8. Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030272 Second Reading Ordinance - Rezoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay, on property located at 14822 Leeward Drive. (1st Reading 8/26/14) Case No. 0714-04 Ocean Harbor, Inc.: A change of zoning from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay. The property is described as Lot 17A, Block 52, Padre Island - Corpus Christi, Section B, located along the east of Leeward Drive, approximately 270 feet south of St. Bartholomew Avenue. Planning Commission and Staff Recommendation (July 30, 2014): Approval of the change of zoning from "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay, subject to 10 conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Ocean Harbor, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 17A, Block 52, Padre Island -Corpus Christi, Section B, from the "RM-AT/IO" Multifamily AT District with Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. This Ordinance was heard on Second Reading and was passed on the Consent Agenda. Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030273 Corpus Christi Page 6 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 9. Second Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, on property located at 7201 Yorktown Boulevard (1st Reading 8/26/14) Case No. 0714-06 Related Investors, Ltd.: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 12.28 acre tract of land out of Lots 1 and 2, Section 24 and Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the east side of Rodd Field Road, approximately 2,200 feet south of Yorktown Boulevard. Planning Commission & Staff Recommendation (July 30, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 12.28 acre tract of land out of Lots 1 and 2, Section 24 and Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. This Ordinance was heard on second reading and was passed on the Consent Agenda. Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030274 M. PUBLIC HEARINGS: (ITEMS 10 - 11) 10. Public Hearing for the Fiscal Year 2014 - 2015 Operating Budget Public hearing for the City of Corpus Christi Fiscal Year 2014-2015 Operating Budget for September 9, 2014 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Mayor Martinez referred to Item 10. Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to hold a public Corpus Christi Page 7 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 hearing on the proposed FY2014-2015 Operating Budget. Mr. Houlihan provided a review of the operating budge,t including the guiding fiscal principles; the mission and mission elements; the total number of employees; total revenues; total expenditures by fund; the general fund highlights; the proposed property tax rate; the general fund projected fund balance; the internal service/special revenue fund highlights; the combined fund balance of all the internal service funds; the special revenue funds projected fund balance; the utility rate impact; the enterprise funds projected fund balances; and timeline for the budget. Council Member McIntyre made a motion to direct the City Manager to come back to City Council with an amendment in the enterprise fund for putting $8.6 million from reserves into storm water to offset a utility rate increase, seconded by Council Member Scott and passed unanimously. Council members asked questions regarding the following topics: the restricted and unrestricted projected balance in the general fund and the disparity in the number of sworn police officers from 2014 to 2015. Council Member Loeb made a motion to open the public hearing, seconded by Council Member Scott and passed. There were no comments from the public. Council Member McIntyre made a motion to close the public hearing, seconded by Council Member Garza and passed. 11. Second Public Hearing on Fiscal Year 2015 Ad Valorem Tax Rate Public Hearing on Fiscal Year 2015 Ad Valorem Tax Rate Mayor Martinez referred to Item 11. Director of Financial Services Constance Sanchez stated that the purpose of this item is to hold the second public hearing on the property tax rate for FY2015. Ms. Sanchez said the proposed property tax rate is the same rate as the prior year. Council Member Scott made a motion to open the public hearing, seconded by Council Member Garza and passed. There were no comments from the Council or the public. Mayor Martinez read the following statement: "During the September 16, 2014 City Council Meeting, beginning at 11:30 a.m. at City Hall, the City Council will vote on the proposed tax rate." Council Member Garza made a motion to close the public hearing, seconded by Council Member Scott and passed. N. REGULAR AGENDA: (ITEM 12) 12. Refunding of Lavaca-Navidad River Authority (LNRA) Water Supply Facilities Revenue Bonds for Debt Service Savings Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Lavaca-Navidad River Authority Water Supply Contract Revenue Refunding Bonds Taxable Series 2014, (Lake Texana Project); and other matters in connection therewith. Mayor Martinez referred to Item 12. Director of Financial Services Constance Sanchez stated that the City Council previously approved a similar resolution on March 18, 2014 approving the refunding of bonds by the Lavaca-Navidad Corpus Christi Page 8 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 River Authority (LNRA). Ms. Sanchez explained that the resolution expired on September 1, 2014 prior to the refunding and the LNRA is requesting a new resolution to proceed with refunding. There were no comments from the Council or the public. This Resolution was passed and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 Enactment No: 030275 O. FIRST READING ORDINANCES: (ITEMS 13 - 19) 13. First Reading Ordinance - Accepting and appropriating grant funds for the Edward Byrne Memorial Justice Assistance Grant (JAG) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $168,613 for the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $168,613 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. Mayor Martinez referred to Item 13. Police Management Services Director Pat Eldridge stated that the purpose of this item is to accept and appropriate a grant from the U.S. Department of Justice for the FY2014 Edward Bryne Memorial Justice Assistance Grant (JAG) Program for police equipment. 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 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 14. First Reading Ordinance - Accepting and appropriating grant funding for the Senior Companion Program (SCP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program with a City match of $76,903; and Corpus Christi Page 9 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. Mayor Martinez referred to Item 14. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to accept and appropriate the grant funding for the renewal of the Senior Companion Program. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 15. First Reading Ordinance - Accepting and appropriating grant funds for the Elderly Nutrition Program (ENP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $427,397 final 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 accept and appropriate the grant funding for the annual renewal of the Elderly Nutrition Program. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 16. First Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $47,934.00 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $47,934.00 grant in the No. 1067 Parks and Recreation Grants Fund. Mayor Martinez referred to Item 16. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to accept and appropriate the grant funding for the Retired Senior Volunteer Program (RSVP). There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 10 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 17. 18. Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 First Reading Ordinance - Accepting and appropriating a continued services "Bundle" grant from the Texas Department of State Health Services for continued clinical services Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a total grant amount of $722,821 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services for the contract period of September 1, 2014 through August 31, 2015; and to ratify acceptance of the grants to begin as of September 1, 2014. Mayor Martinez referred to Item 17. Assistant Director of Public Health Aurora Parlamas stated that the purpose of this item is to accept and appropriate a bundle grant of $722,821 from the Texas Department of of State Health Services to provide continued clinical services. 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 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 First Reading Ordinance - Rezoning from the "RE" Residential Estate District to the "CG -2" General Commercial District, on property located at 822 Graham Road (Public Hearing held 7/22/14)(Tabled 7/29/14) (Postponed 8/26/14) Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. The property to be rezoned is described as a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. Staff Recommendation: Denial of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District and, in lieu thereof, approval of a Special Permit for a boat storage facility subject to ten Corpus Christi Page 11 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 conditions. Planning Commission Recommendation: Approval of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 18. Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property from "RE" to "CG -2" to allow for the development of a boat storage facility on Compton Road. Council members asked questions regarding the differences in the allowable uses between the "CG -2" and "RE/SP" zoning; and intent by the applicant to continue "CG -2" zoning for the property on Graham Road. John Kendall, representative for the applicant, stated that the property near Graham Road will remain "RE" zoning. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 19. First Reading Ordinance - Amending the board composition for Reinvestment Zone Number Three Amending Ordinance No. 027996, adopted on December 16, 2008, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Reinvestment Zone"), which was amended by Ordinance No. 028136 on April 28, 2009 and Ordinance No. 029403 on March 2, 2012, to correct the Board appointment procedure to comply with state law on tax increment participation; providing for severance; and providing for publication. Mayor Martinez referred to Item 19. Business Liaison Alyssa Barrera stated that the purpose of this item is to amend the ordinance regarding the Reinvestment Zone Number Three to correct the board composition as required by the Tax Code. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 12 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill and Council Member Riojas Absent: 3 - Council Member Leal, Council Member McIntyre and Council Member Scott Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 20 - 32) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had a planned presentation on Item 25. 20. Approving the purchase of four hundred (400) AV 3000 HT Masks for the Fire Department Motion approving the purchase of four hundred (400) AV 3000 HT Mask from Municipal Emergency Services Inc., Houston, Texas in accordance with Bid Invitation No. BI -0234-14 based on the lowest responsible bid for a total expenditure of $83,556.00. Funds are available in the General Fund Budget FY 2013- 2014. This Motion was recommended to consent agenda. 21. Approving supply agreements for food items for the Elderly Nutrition Program (ENP) Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-14-3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $235,260.88, of which $117,630.43 is required for the remainder of FY 2013-2014. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Corpus Christi, Texas 181 Line Items $125,653.64 Grand Total: $235,260.88 Performance Food Group Victoria, Texas 113 Line Items $109,607.24 This Motion was recommended to consent agenda. 22. Approving the purchase of the Community Development and Regulation (CDR) module of Infor for the Health Department Corpus Christi Page 13 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional licenses and consulting hours provided sole source from Infor (US), Inc., Alpharetta, GA, for a total expenditure of $76,263. Funds are available in the Health Department FY2013-2014 budget. This Motion was recommended to consent agenda. 23. Approving an interlocal agreement for local emergency response planning Resolution authorizing the City Manager, or his designee, to execute a renewal of an Interlocal Cooperation Agreement for a term of five (5) years for the Local Emergency Response Planning Specific to Extremely Hazardous Substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. This Resolution was recommended to consent agenda. 24. Authorizing an interlocal agreement with West Oso School District for prevention and intervention services from the Juvenile Assessment Center Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with West Oso Independent School District regarding prevention and intervention programs. This Resolution was recommended to consent agenda. 25. Approving a process of notification for the sale of parks and use of proceeds for parks sold subject to the 2014 election ballot proposition Resolution dedicating the proceeds from the sale of park lands exclusively for the improvement of existing parks; requiring notification to property owners within 500 feet of a park land to be sold; and providing for an effective date. This Resolution was recommended to consent agenda. 26. Approving the renewal of a joint funding agreement for maintaining accurate records of all inflows and releases in the City's water reservoir Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and Corpus Christi Page 14 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $140,860. This Motion was recommended to consent agenda. 27. Approving an engineering design contract for interim sludge management improvements at O. N. Stevens water treatment plant Motion authorizing the City Manager or designee to execute the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $119,600 for the O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements for design, bid and construction phase services. This Motion was recommended to consent agenda. 28. Approving amendment no. 4 of an engineering monitoring contract for the Watershed Monitoring Program Motion authorizing the City Manager or designee to execute Amendment No. 4 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $98,439, for a total restated fee of $555,081 Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015. This Motion was recommended to consent agenda. 29. Authorizing a design services contract for the Police Vehicle Impound Yard and Garage Phase 2 project (Bond 2012) Motion authorizing the City Manager, or designee, to execute a Design Services Contract with Freese and Nichols from Corpus Christi, Texas in the amount of $110,168 for the Police Vehicle Impound Yard and Garage Phase 2 for the design, bid, and construction phase services (Bond 2012). This Motion was recommended to consent agenda. 30. Approving an engineering services contract for groundwater monitoring and related services at the JC Elliott Municipal Landfill Motion authorizing the City Manager, or designee, to execute an engineering contract with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $133,700.00 for Groundwater Monitoring and Related Services at J.0 Elliott Landfill. This Motion was recommended to consent agenda. Corpus Christi Page 15 Printed on 9/11/2014 City Council Meeting Minutes September 9, 2014 31. Approving an engineering services contract for groundwater monitoring and related services at Cefe Valenzuela Landfill Motion authorizing the City Manager, or designee, to execute an engineering contract with Tolunay-Wong Engineers of Houston, Texas in the amount of $138,280.00 for Groundwater Monitoring and Related Services at Cefe Valenzuela Landfill. This Motion was recommended to consent agenda. 32. Amending the Corpus Christi Downtown Management District agreement to align with the City's fiscal year Resolution authorizing the City Manager or designee to amend the Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District to align with the City's new fiscal year. This Resolution was recommended to consent agenda. Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. ADJOURNMENT The meeting was adjourned at 4:21 p.m. Corpus Christi Page 16 Printed on 9/11/2014 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: September 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 AV 3000 HT MASKS CAPTION: Motion approving the purchase of four hundred (400) AV 3000 HT Mask from Municipal Emergency Services Inc., Houston, Texas in accordance with Bid Invitation No. BI -0234-14 based on the lowest responsible bid for a total expenditure of $83,556.00. Funds are available in the General Fund Budget FY 2013- 2014. PURPOSE: The Fire Department will use the masks to meet the new face piece safety requirements set forth by National Fire Protection Association. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $521,350.00 $521,350.00 Encumbered / Expended Amount $422,094.61 $422,094.61 This item $83,556.00 $83,556.00 BALANCE $15,699.39 $15,699.39 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI -0234-14 BUYER: LATIFAH JACKSON AV3000 HT MASK COUNCIL DATE: SEPTEMBER 9, 2014 1.0 AV3000 HT MASK Percentage more than winning Bid Qty Unit Municipal Emergency Houston, Texas Dooley & Tackaberry, Inc Deer Park, Texas 24 Hour Safety LLC Corpus Christi, Texas 400 EA $208.89 $83,556.00 Total $83,556.00 $214.00 $85,600.00 $85,600.00 2% $286.00 $114,400.00 $114,400.00 27% AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: September 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Michael Morris, Director of Park and Recreation michaelmo@cctexas.com 361-826-3464 Food Items CAPTION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-14-3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $235,260.88, of which $117,630.43 is required for the remainder of FY 2013-2014. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria, Texas 181 Line Items 113 Line Items $125,653.64 $109,607.24 Grand Total: $235,260.88 PURPOSE: These food items will be used by Senior Community Services for the Elderly Nutrition Program. The food is prepared at the Senior Community Service Kitchen and served at the Senior Citizen Centers and also delivered to households throughout the City. Approximately 160,714 meals will be prepared and served over the six month contract period. BACKGROUND AND FINDINGS: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. This award is a cooperative effort between the City of Corpus Christi and the following members of the Coastal Bend Council of Governments; Community Action Corporation of South Texas, Nueces County Senior Community Services, Refugio County Elderly Services, City of Corpus Christi, Bee Community Action Agency, Aransas Council of Aging, Kleberg County Human Services, Duval County Elderly Program, and Live Oak County Elderly Program. ALTERNATIVES: The bids submitted by LaBatt Food Service and Performance Food Group meet all of the City's bid requirements. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Park and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $641,205.00 $117,630.45 $758,835.45 Encumbered / Expended Amount $242,151.44 $242,151.44 This item $117,630.43 $117,630.45 $235,260.88 BALANCE $281,423.13 $281,423.13 Fund(s): Park and Recreation Grants. Comments: Not Applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Award Summary attached. COUNCIL OF GOVERNMENTS -STAPLES, MEAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES Award Summary: CBCOG-14-3 LABATT FOOD SERVICE Corpus Christi, Texas One hundered and eighty-one (181) line items consisting of canned fruit, dried fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, relishes, soup & bases, spices, starches & pasta, sugar & products, miscellaneous, beef, pork, poultry, prepared products, frozen vegetables, breads, frozen meals and dairy Performance Food Group Victoria, Texas One hundred and thirteen (113) line items consisting of canned fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous, beef, pork, poultry, prepared products, frozen vegetables, breads, frozen meals and dairy $125,653.64 $109,607.24 Grand Total: $235,260.88 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 09, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: August 4, 2014 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H.; Director of Public Health annetter@cctexas.com 361-826-7205 Michael Armstrong, Chief Information Officer MichaelAR@cctexas.com (361) 826-3740 Approving the purchase of the Community Development and Regulation (CDR) module of Infor for the Health Department CAPTION: Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional licenses and consulting hours provided sole source from Infor (US), Inc., Alpharetta, GA, for a total expenditure of $76,263. Funds are available in the Health Department FY2013-2014 budget. PURPOSE : To provide additional licenses and consulting hours to the Health Department that is compatible with and integrated with the ERP (Enterprise Resource Planning) software currently being implemented by the City. The additional licenses and consulting hours will require approximately 6 months and will begin after February 2015. The software currently used by Health Department Environmental Services will be eliminated after the licensing and implementation process. Infor will provide the licenses, subscription license and services, support and hosting services to implement the CDR module of Infor which will replace Health Department Environmental Service's current Ensemble software. BACKGROUND AND FINDINGS: The Health Department Environmental Services currently uses Ensemble software to process and schedule Environmental Services permitting, inspections, and enforcement. The purchase of additional licenses and consulting hours will integrate software across the departments and will increase the ability to collaborate on solutions and foster the sharing of information, thus creating more responsive customer service. ALTERNATIVES: Denial of proposed sole -source purchase of additional licenses and consulting hours OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase confirms with City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Health Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 76,263 $ 76,263 Encumbered / Expended Amount This item BALANCE $ 76,263 $ 76,263 Fund(s):1020 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: INFOR change order forms inFor CHANGE ORDER INTRODUCTION This Change Order document ("Change Order") is subject to all terms and conditions of the Software Services Agreement (or, if applicable, the Professional Services Agreement) between Infor and Licensee with an Effective Date of May 15, 2013 (the "Services Agreement") and constitutes a change to the Services Work Order identified below by Work Order Number ("Work Order"). All terms of the Services Agreement and Work Order are incorporated herein by reference. Capitalized terms not defined in this Change Order are defined in the Services Agreement or Work Order. !n the event of a conflict, the terms of this Change Order control over the terms of the Services Agreement and Work Order. 1.0 CHANGE ORDER Licensee (customer) City of Corpus Christi Project Name Hansen CDR Project Number 32381430 Project Manager Benjamin Zimon Project Phase Design Product(s) Hansen 8.3 Work Order Number Amendment 2 Change Number CO2014 001 Issue Number 001 Description Hansen 8.3, CDR Implementation, Design, and Consulting Services for the Health Department Requestor Aurora Parlamas Identified Date 06/16/2014 Prepared By Benjamin Zimon Change Status Log Date Initial identification/assessment 6/2/2014 Approved for detailed impact analysis (optional) Pending Approval Final Approval Approved Denied Updated project and budget plans 1.1 Preliminary identification and assessment Describe the change in detail City of Corpus Christi, Health Department will need Infor consultants to provide Design, Configuration of 8 newly indentified Applications (shown below), Assistance with Data Migration Mapping to Hansen, and Testing. Module BL Dept Health App type To be defined Description Swimming Pool Worktype BL Health To be defined Supervised Care _ 1) Day Care 2) Foster Home BLDG Health To be defined Septic BL Health To be defined Restaurant Trade Health To be defined Food Handler/ Manager 1) Food Handler 2) Food Manager BL Health To be defined Mobile Food Vending BL Health To be defined Health Temp Event Case Health To be defined Health Case Reason for the change Health Department was not included part of the original CDR project scope of work, the majority of data required for Health's migration sits outside of Sungard's H.T.E. High level impact assessment Additional project scope to support Health Department functionality will require additional resources and will increase project duration and budget. The impact will extend the project duration another month from February 2015 to March 2015, we will also look to double up on our configuration resources COE and internal for several weeks, The resource impact to the city is more noticeable as MIS resources will need to be involved for the data migration out of the legacy Health department applications / databases. It is proposed and mutually agreed the Health Department will go live in production with the overall project. The project schedule is being revised to a March 2015 CDR go -live to support inclusion of the Health Department in the City's go -live. inior Charge Order (Americas PMO-v5b, Nov. 2012) 1.2 Approval for detailed impact analysis (optional) Reviewer No additional information Review Date 1.3 Detailed impact analysis Impact on project plan (including estimated timelines) Schedule and Resource constraints. Estimated duration of Design to Deliver effort is 8 weeks. Upon approval, the project plan will be updated and extended based on the changes detailed above. The Infix and Licensee Project Managers have agreed to these changes and will reflect the changes in the latest version of the overall project plan. Target date (for implementation) March 2015, overall Hansen CDR project Impact on resource requirements Infor project resource requirements will be increased by a total of 280 hours Additional risk Extend overall Hansen, CDR Project timeline along with city resource constraints which are already limited. Impact on project cost Project Budget will increase a total of: Total Service Work Order Contract Change Order 001 Increase Revised Contract Total 1,194,444.000 $76,263.00 $1,270,707.00 The targeted milestone payments and revised dates have been changed as reflected in Exhibit A. inFor Change Order (Americas PMO-v5b, Nov. 2012) Estimated time and costs listed in this Change Order represent a fixed fee offer and are in addition to the estimates provided in the original Work Order. Actual project time and cost may vary from the estimates provided. Where a substantial variation from this Change Order is foreseen, both parties must agree in writing to the additional work and document the change in a subsequent Change Order. Other Projects Affected Hansen CDR and CIS Billing Who needs to be notified of the change Susan Manna, Debby Studder, Michael Hernandez Comments 2.0 CHANGE APPROVAL I PAYMENT By signing below, Licensee authorizes Infor to proceed with the work set forth in this Change Order and bill Licensee per the payment terms set forth in the original Work Order for any additional Services fees. Please return a signed copy of this Change Order to Infor PSO. THE PARTIES have executed this Change Order through the signatures of their respective authorized representatives. INFOR: LICENSEE: Signature` Signature: Printed Name Name: Patricia lies Title: Address: Address: Associate General Counsel 380 St. Peter Street St. Paul, MN 55102 Signature Date: August 4, 2014 infix Change Order (Americas PMO-v5b, Nov. 2012) Printed Name: Title: Address: Address: Signature Date: Attachment A: Revised Milestone Payment Schedule Pt PaymentIII Pre;acted .. - Milestone .. HcldbacI'• Payment C0001 919,065.75 $15252.60 $11,439.45 $11.439.45 $7,626.30 53,813.15 57,626-30 976.263.00 CDR (Plan, Permit, Business License, Code Enforcement) Establish Phase M-1 Milestone -Project Initialization: 2/28/2014 $179,166.60 917,916.66 9161,249.94 M-2 Milestone —Install the in -scope Products in Project environment: $0.00 $0.00 $0.00 M-3 Milestone —Project Team Learning: 11/28/2014 9107.499.96 910,750.00 $96.749.96 M-4 Milestone —Initial Bete Prototype: 7/14/2014 9119,444.40 911,944.44 5107,499.96 M-4.5 Milestone - initial Beta Prototype: Health Department 8/3112014 919,065.75 $1,906.58 $17,159.18 M-5 Milestone — Final Prototype: 9/12/2014 9179,166.60 $17,916.66 5161.249.94 M-5.5 Milestone - Final Prototype: Health Department 9/26/2014 915,252.60 91.525.26 513727.34 M-6 Milestone —Aeceptence Test 10/24/2014 9166,717.17 916,671.72 9150,04545 Execute Phase 90.00 60.00 90.00 M-7 Milestone—System Test: 1/9/2015 9190,606.05 519,060.61 9171,545.45 M-8 Milestone—Full Scale Test: 1/23/2015 9127,070.70 512,707.07 $114.363.63 M-9 Milestone —Produclion Readiness 2113/2015 563,535.35. 56,353.54 $57.181.82 M-10 Milestone —Complete Post -Go -Live Support 3/20/2015 $103,181.82 $10,318.18 $92,863.64 M-11 Milestone —Claw Project 4/24/2915 50.00 $127,070.70 Total Payment Milestone Amount for this Stage 8 $1,270,707.00 9127,070.70 91,270,707.00 inFor Change Order (Americas PMO-v5b, Nov. 2012) Original Contract CO 001 Contract 91,194,444.00 $76,263.00 +Revised Contract 91,270,707.001 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: August 26, 2014 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Renewal of LEPC Interlocal Cooperative Agreement for a Term of Five Years CAPTION: Resolution authorizing the City Manager, or his designee, to execute a renewal of an Interlocal Cooperation Agreement for a term of five (5) years for the Local Emergency Response Planning Specific to Extremely Hazardous Substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. PURPOSE: This agreement continues the terms of the prior agreements to provide funding to the LEPC and identifies the leading role of the City as the Administrator for the LEPC. BACKGROUND AND FINDINGS: The parties to the Interlocal Agreement wish to continue operating under the terms of the Interlocal Agreement as has been done in years past. Nueces County and the Port of Corpus Christi Authority agree to support the LEPC by contributing $10,000.00 each per year. The City's contribution will be in-kind and will provide office space, utilities, and all appurtenant services including legal, to enable the LEPC Administrator to fulfill the obligations under State and Federal Law. The Interlocal Agreement for local emergency response planning specific to extremely hazardous substances was first authorized in 1992. The parties have continued to operate under the terms of the agreement to date. ALTERNATIVES: If we don't renew the agreement, funding and support for the LEPC as it currently operates will be withdrawn. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution to renew Interlocal Cooperative Agreement is required. EMERGENCY / NON -EMERGENCY: This is a Non -Emergency, non -controversial item. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 0 0 BALANCE 0 0 0 0 Fund(s): Comments: None RECOMMENDATION: Council approval of Resolution to submit grant application. LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperative Agreement Resolution Resolution authorizing the City Manager, or his designee, to execute a renewal of an Interlocal Cooperation Agreement for a term of five (5) years for the Local Emergency Response Planning Specific to Extremely Hazardous Substances with Nueces County, City Of Corpus Christi, and Port Of Corpus Christi Authority. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute a renewal of an Interlocal Cooperation Agreement for a term of five (5) years for the Local Emergency Response Planning Specific to Extremely Hazardous Substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott INTERLOCAL COOPERATION AGREEMENT FOR LOCAL EMERGENCY RESPONSE PLANNING SPECIFIC TO EXTREMELY IIAZARDOUS SUBSTANCES STATE OF TEXAS } } COUNTY OF NUECES } On October 27, 1992, the Nueces County (County), the City of Corpus Christi (City), and Port of Corpus Christi Authority (Port) entered into the first agreement for the purpose of providing for the administration of the Local Emergency Planning Committee for Nueces County. This Agreement continues the terms of the prior agreements, and is made by and between the County, City, and Port, hereafter referred to collectively as the "Participants," to further implement the Federal Emergency Planning and Community Right -to -Know Act (Act), 42 U.S.C. 11001, et. seq. On June 24, 1987, the State Emergency Response Commission (SERC), as required by 42 U.S.C. 11001(b) and (c), designated each county as an emergency planning district and authorized the county judges to appoint the members of the local emergency planning committee for their districts. The Nueces County Judge has designated the City's Fire Chief as Chairman of the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC). Section 11003(c)(3) of the Act, Comprehensive Emergency Response Plans, requires designation of a Community Emergency Coordinator. The LEPC Chairman has been designated as the Community Emergency Coordinator for this emergency planning district. The Community Emergency Coordinator, makes the determinations necessary to administer and implement the local emergency response plan. This Agreement (1) further facilitates implementation of the Act by creating an administrative position to assist the LEPC Chairman/Community Emergency Coordinator with extensive Federal compliance requirements; (2) identifies the leading role of the City as the Administrator for the LEPC; and (3) provides funding for training and administrative assistance to the LEPC. I. TEXAS DISASTER ACT This Agreement is in harmony with the requirements of the Texas Disaster Act of 1975, Government Code, Sec. 418.107(b), which allows political subdivisions to make agreements for the purpose of organizing emergency management services, and allows the creation of local emergency management groups to meet broad emergency and disaster management challenges. While both the County and City have independent emergency management programs, which are designed to respond to a broad range of disasters, the LEPC provides a mechanism for the coordination of emergency management efforts responding to incidents involving hazardous materials. The LEPC supports, but does not supplant the efforts or authority of the City and County emergency management programs. The City and County have committed to cooperate and coordinate their emergency response efforts. II. PARTICIPANT FUNDING The Participants agree to support activities of the LEPC for emergency response to extremely hazardous substances, with funds and in-kind contributions committed by each totaling at least the value of $30,000.00 per year. The Port and County shall each contribute $10,000.00 to the fund each year this Agreement is in effect. These monies shall be deposited with the LEPC Administrator (City) for each fiscal year, which year runs from October 1 through September 30, as shall be reflected in the LEPC by-laws. The City shall provide office space, telephone, utility, and all appurtenant services, including legal, to enable the Administrator and an Administrative Assistant to fulfill obligations of the Participants under State and Federal law. III. CITY ADMINISTRATOR The Participants further acknowledge that the City serves as Administrator of the LEPC for purposes of implementing the Federally mandated plan and required training under the Community Right -to -Know Act. The City shall employ an Administrative Assistant to assist the LEPC Chairman/ Community Emergency Coordinator. The Administrative Assistant shall be a paid City employee, whose position shall be civilian managerial, funded as described in paragraph II, for so long as the City acts on behalf of the LEPC as Administrator. The Administrative Assistant shall also serve as the LEPC Information Coordinator. Compensation for the Administrative Assistant may be further supplemented, as necessary, from anticipated voluntary contributions made by private industry members of the LEPC. The City reserves the discretionary right to relinquish the position of Administrator upon thirty days' written notice to the County and the Port, and should the County Judge fail to reappoint the Fire Chief as LEPC Chairman/Community Emergency Coordinator, the City may, at its option, withdraw from this Agreement upon thirty days' notice to the County and the Port. IV. FISCAL PROVISIONS This Agreement is subject to the annual availability of current revenues by the local governments, who are parties to this Agreement. The City shall keep accurate accounts of receipts and disbursements. All monies will be deposited in the name and to the credit of LEPC. The LEPC Chairman, or his designee, will approve all disbursements, taking proper vouchers for such disbursements. An account of all transactions and the financial condition of the LEPC shall be rendered at the regular LEPC meetings or whenever requested. Although the LEPC fund shall be separate and custodial in nature, the annual LEPC budget drawn from such fund shall be approved by the City Council in the form of an appropriation. V. ADMINISTRATIVE DECISIONS Section 11003(c) of the Act provides that the Community Emergency Coordinator "shall make determinations necessary to implement the [local emergency response] plan." However, the Participants agree that any major policy or administrative decisions will be made jointly by the LEPC and Community Emergency Coordinator/LEPC Chairman. VI. DURATION OF AGREEMENT AND RENEWAL The term of this Agreement is five years, beginning on June 1, 2014. This Agreement shall be automatically extended for a subsequent year, unless any party gives written notice to the other Participants of its intent to withdraw from the agreement or requests an amendment to the agreement. A notice of withdrawal or request for amendments should be submitted before the first day of September. Nueces County, Texas By: Samuel L. Neal, Jr., County Judge Date ATTEST: Diana Barrera, Nueces County Clerk Date APPROVED: Laura Garza Jimenez, County Attorney By: Nueces County Attorney Date Port of Corpus Christi Authority of Nueces County By: John LaRue, Executive Director City of Corpus Christi By: Ronald L. Olson, City Manager ATTEST: By: Rebecca Huerta, City Secretary APPROVED: By: Date Date Date Buck Brice, Assistant City Attorney Date for City Attorney AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: August 18, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo@cctexas.com 361-826-3460 Interlocal Agreement with West Oso Independent School District for Prevention and Intervention Services from the Juvenile Assessment Center CAPTION: Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with West Oso Independent School District regarding prevention and intervention programs. PURPOSE: The Parks and Recreation Department seeks approval of an interlocal agreement to provide West Oso Independent School District with intervention and prevention programs via the department's Community Service Division program at the Juvenile Assessment Center (JAC). The team at the JAC will offer an evidence based Life Skills training program proven to reduce the risks of violence and alcohol/tobacco/substance abuse and case management services to elementary, middle and high school students in the district. This is a one year agreement that will automatically renew for successive five (5) one (1) year terms. BACKGROUND AND FINDINGS: During the previous school year officials at West Oso Independent School District reached out to the Parks and Recreation Department Community Services Division to determine where formal partnerships could be established to help create a healthy learning environment for the students in the district. The Juvenile Assessment Center offers intervention and prevention services to help youth develop positive life skills and redirect behaviors/risk factors that lead to juvenile delinquency. If the agreement is approved team members from the JAC will provide Life Skills Training in a classroom setting and one-on-one case management services to students identified by faculty and staff. The agreement will also give the team access to district records so case managers and prevention specialists can track and gauge a student's progress in terms of grades and attendance. A similar agreement has been signed with CCISD. ALTERNATIVES: Do not approve interlocal agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council must approve all interlocal agreements. This interlocal agreement is consistent with Parks and Recreation Department's business plan to work with local school districts to provide diversion services to their students as a prevention measure to modify juvenile delinquent behaviors and reduce the number of youth subsequently funneled into the juvenile justice system. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Cooperation Agreement Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with West Oso Independent School District regarding prevention and intervention programs. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal cooperation agreement with West Oso Independent School District regarding prevention and intervention programs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE WEST OSO INDEPENDENT SCHOOL DISTRICT REGARDING THE JUVENILE ASSESSMENT CENTER (LIFE SKILLS TRAINING) This agreement is made and entered into this day of , 2014, by and between the West Oso Independent School District, hereafter referred to as "District" or "WOISD" and the City of Corpus Christi, a Texas home -rule municipal corporation hereafter referred to as the "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code. WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the District and the City are local governments as defined in Texas Government Code, Chapter 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, both the City and District represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the District and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by District and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("The Agreement"): 1. PURPOSE OF AGREEMENT The purpose of the Agreement is to state the terms and conditions under which the City of Corpus Christi Juvenile Assessment Center is to work with WOISD to offer a life skills program to high risk students. 2. DESCRIPTION OF THE SERVICES TO BE PROVIDED The City of Corpus Christi Juvenile Assessment Center (JAC) will provide Botvin's Life Skills Training to WOISD students who exhibit behaviors that are likely to contribute to their increased risk of juvenile delinquency. In an effort to help students make a decision to attend and stay in school, JAC will offer Life Skills Training, a research -based: preventionprogram proven to reduce the risks of violence and alcohol/tobacco/drug abuse. It is a comprehensive curriculum targeting the major social and psychological factors that promote the initiation of substance use and other behaviors which often lead to juvenile delinquency. The purpose of this training series is to provide children and adolescents with the confidence and skills necessary to handle challenging situations. JAC has Case Managers/Prevention Specialists delegated to provide training to WOISD students. Additionally, the JAC periodically employs interns from local colleges/universities enrolled in programs relevant to juvenile delinquency reduction, and trains them as intake specialists or prevention education trainers. Intems may assist the Case Managers/Prevention Specialists. The Prevention Specialists will work with each school to determine which students would benefit from the program and to decide on an appropriate date, time, and location for the training. Each student will be given a workbook to be used to work through the exercises. To successfully benefit from the program, students are expected to attend each of the classes in the series. The Life Skills Training is separated into three different curricula for elementary, middle, and high schools. The program uses a progressive curriculum in which each unit builds upon the next, and the curricula for the middle and high schools reinforces what was taught in the previous grade cluster(s). Through this training, students will gain valuable tools and skills used to overcome and cope with difficulties, but more importantly, the curricula encourages students to listen to the "voice inside their heads" which reinforces the values they have learned in making positive life decisions. The curricula vary by grade cluster but start with an introductory class so the Prevention Specialist or trained intern can engage with students to identify individual student needs. The curricula are described as follows: Elementary School • Eight units in 8 lessons, each 30-45 minutes in duration • Target population: 3`d to 5th grades • Topics include: self-esteem, decision making, smoking information, advertising, stress, communication skills, social skills, assertiveness Middle School • 11 units in 12 lessons (plus 3 optional units/lessons), 45 minutes in duration • Target population: 6h -7h graders, with booster programs for 7h -81h graders who have completed the entire series the year before. • Topics includes: self-image & self-improvement, decision making, smoking myths & advertising, coping with anxiety, communication skills, social skills (2 lessons), and assertiveness. Additional optional topics: violence and the media, coping with anger, resolving conflict. High School • 7 units in 10 lessons, 45 minutes in duration • Target population: 9`h -10`h grades • Topics include: the value of good health, decision making for health, risk taking and substance abuse, the media and health, managing stress/anger/other emotions, family communications, healthy relationships The JAC can also work with schools to identify other particular needs that may warrant additional extensive training in character education or on topics such as bullying, violence prevention, strengthening families, etc. 13y working jointly with school personnel, the Prevention Specialist can assist in linking students with JAC youth advisement services (also known as case management services) designed to address special needs related to delinquency. 3. TERM AND TERMINATION The Interlocal Agreement shall have one year term and shall be effective upon its date of execution by the last party to execute the Agreement. The Agreement shall automatically renew for successive five one-year terms. This Agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties. 4. AUTHORIZED REPRESENTATIVES ACCESS TO DISTRICT RECORDS The District shall allow Authorized Representatives of the City to have internet based computer access to most recent two years of District records pertaining to attendance, emergency release information, and grades, for those District students who are provided services of the City JAC, "District Records". This access will be limited to the following City personnel ("City's Authorized Representatives): 1. City Parks and Recreation Department's Community Services Division Superintendent. 2. City Parks and Recreation Department's Community Services Division Administrative Assistant. 3. City Parks and Recreation Department's Community Services Division Intake Specialist. 4. City Parks and Recreation Department's Community Services Division Case Managers. 5. City Parks and Recreation Department's Community Services Division Program Managers. Each Authorized Representative shall acknowledge in writing that he or she has read this Agreement, and will fully comply with all of the terms and conditions hereof. The City shall provide the District with a current list of all Authorized Representatives, and shall notify the District, as soon as practicable, when an Authorized Representative fermate employment. The acknowledgment form to be executed by the City Authorized Representatives is attached as Exhibit A. c 1:,00 - • .i•I k._ . The parties may agree, by written and properly executed addendum to this Agreement authorized by the City Manager and District Superintendent to expand or modify the records to which Authorized Representatives of the City shall have access. 5. ACCESS, TRAINING, AND PERMISSIBLE USE A. The parties agree to work together to allow Authorized Representatives of the City to have secure interne based computer access to the District Records. Prior to access being granted, the District shall provide training to the City Authorized Representative of the web based application. Authorized Representatives of the City may only use the District Records for the following limited purposes: To report City Parks and Recreation Department Community Services Division outcomes in aggregate form. To obtain the following information of the District students participating in the City Parks and Recreation Community Services Division Life Skills Training program: Home school Home school counselor District Alternative Education Program counselor Grades Attendance records Discipline history Eligibility for special education services and if services are received 6. ADDITIONAL RESTRICTIONS Neither the City nor its Authorized Representative shall release or disclose to the public, or any third party, any records or information of the District, except as required by State or Federal law. Each party shall take all steps necessary to ensure that the records are only viewed by Authorized Representatives for the permissible uses stated herein. Each party understands that the unauthorized release of records may subject one to criminal and civil penalties. Accordingly, each party will education and inform its staff regarding permissible uses of the records obtained from the other party. The parties further agree that the information or records disclosed pursuant to this Agreement will be retained by the receiving party in a manner and in accordance with the applicable record retention laws identified by each party after the need for such information ceases. 7. NOTICE Official notice shall be by written notice and delivery to all of the patties to this Agreement. Delivery shall be fax or deposit in the United States Postal Services, first class, return receipt requested to: TO THE DISTRICT: TO THE CITY: 8. INDEMNIFICATION West Oso Independent School District Attn: Elizabeth Saenz, Superintendent of Schools 5050 Rockford Drive Corpus Christi, Texas 78416 The City of Corpus Christi Attn: Director of Parks and Recreation P.O. Box 9277 Corpus Christi, Texas 78469-9277 District and City agree that both District and City shall each be responsible for their own negligent acts or omissions or other tortious conduct in the courts of performance of the Agreement, without waiving any sovereign governmental immunity available to either District or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 9. FISCAL FUNDING In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 10. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 11. CONFIDENTIAL RECORDS AND INFORMATION In the carrying out of the terms of this Agreement, the City and/or Juvenile Assessment Center may, from time to time, have access to confidential information and documents pertaining to students in the District. The City and/or Juvenile Assessment Center shall not, without written consent of the parents of the student, release or disclose to the public or an third party District information or records regarding and District student. The District shall not, without written consent of the City Attorney or designee, disclose to the public or any third party any City information or City records regarding the student. Said information and documents are considered confidential, and shall not be used by the City and/or Juvenile Assessment Center, District or any of their employees, agents, or representatives, for private purposes. The City and/or Juvenile Assessment Center acknowledges that the unauthorized release of confidential student information or records may subject the individual or entity to criminal and civil penalties. Accordingly, the City and/or Juvenile Assessment Center will comply with the requirements of District policy pertaining to the confidentiality of student education records, and will comply with the requirements of the Family Education Rights and Privacy Act (F.E.R.P.A. — see 20 U.S.C. § 1232g and 34 C.F.R.§ 90, et seq.) The City and/or Juvenile Assessment Center further agrees that any confidential student information or records it obtains pursuant to the performance of this Agreement will be destroyed after the need for such information or records ceases to exist. 12. CRIMINAL BACKGROUND CHECK Insofar as applicable, the parties recognize and agree as follows: An entity that contracts with the District to provide services shall obtain from any law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), all criminal history record information that relates to an employee of the entity who is employed before January 1, 2008, and who is not subject to a national criminal history record information review under Education Code 22.0834(b) if: 1. The employee has continuing duties related to the contracted services; and 2. The employee has direct contact with students. A person who, on or after January 1, 2008, is offered employment by an entity that contracts with the District must submit to a national criminal history record information review if: S .L 1.44 eyw L., 1. The employee or applicant has or will have continuing duties related to the contracted services; and 2. The employee or applicant has or will have direct contact with students. The person must submit to the review before being employed or serving in a capacity described above. An entity contracting with the District shall obtain all criminal history record information that relates to a person described above through the criminal history clearinghouse as provided by Government Code 411.0845. The entity shall certify to the District that it received all of the criminal history record information required above. The service contractor shall also certify that it will take reasonable steps to ensure that the conditions or precautions that have resulted in a determination that any person is not a covered contract employee continue to exist throughout the time that the contracted services are provided. A service contractor shall provide the District, at its request, the information necessary for the District to obtain criminal history record information for all covered contract employees. 4. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 5. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall be affected or impaired, and such remaining provisions shall remain in full force and effect. 6. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 7. APPROVAL This Agreement is expressly subject to and contingent upon formal approval by West Oso Independent School District and by Corpus Christi City Council. EXECUTED IN DUPLICATE on the day of .r • er v2O14.• CITY OF CORPUS CHRISTI ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Approved as to legal form: Buck Brice, Assistant City Attomey For the City Attorney Ron L. Olson City Manager WEST OSO INDEPENDENT SCHOOL DISTRICT By: Eliza eth Saenz, Sup rintendent of ools Date: Reviewed and Approved for Purchasing Compliance By: - {Type Name of Person Responsible for Purchasing} {Insert Title} Date: Approved as to legal form: {Insert Name}, General Counsel for WOISD Date: AGENDA MEMORANDUM Future Item for the Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: August 15, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo@cctexas.com 361-826-3460 Sale of Parks Process for Notification and Use of Proceeds CAPTION: Resolution dedicating the proceeds from the sale of park lands exclusively for the improvement of existing parks; requiring notification to property owners within 500 feet of a park land to be sold; and providing for an effective date. PURPOSE: To identify how the monies received from the sale of parks can be used and to establish a public notification process of parks that will be sold subject to the November 2014 election ballot proposition. BACKGROUND AND FINDINGS: The City of Corpus Christi has 207 park properties that are maintained by the Parks and Recreation Department. During the Parks, Recreation and Open Space Master Plan process conducted in 2011-2012, the Department's inability to maintain 207 parks was delineated. Additionally, it was recognized that many parks were in close proximity to another park property and thus some duplication of service was occurring. The Master Plan identified 27 parks that should be repurposed. Repurpose was defined as leased, transferred to another government entity or decommissioned and sold. To date nine (9) of the parks to be repurposed have been leased and/or adopted through the Adopt -a -Park program and are maintained by a community organization. Additionally, one will be used in the new Harbor Bridge alignment. Therefore, 17 are proposed for decommissioning as parks in the November 2014 election ballot proposition. Pending the outcome of the November 2014 election ballot proposition, this resolution provides guidance for the public notification process prior to sale of a park and the use of the proceeds from sale of a park. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: Fulfills repurposing recommendation in the City Council approved Parks, Recreation and Open Space Master Plan. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution dedicating the proceeds from the sale of park lands exclusively for the improvement of existing parks; requiring notification to property owners within 500 feet of a park land to be sold; and providing for an effective date. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The proceeds for certain park lands may only be used to improve existing city parks in accordance with the Parks and Recreation Master Plan, such land being the parcels hereafter identified: - San Carlos Park, 12650 Figueroa St. (2.00 ac.) - Violet Park, 4301 Violet (1.55 ac.) - Willow Park, 11418 Willowood Creek (0.93 ac.) - Cabra Park, 1323 W. Broadway (1.36 ac.) - Fountain Park, 4938 Moody (1.62 ac.) - Kosar Park, Kosar © Staples Street (0.28 ac.) - Breakwater Park, 2800 N. Shoreline (0.15 ac.) - Acushnet Park, 6746 Aaron (9.96 ac.) - Congress Park, 4017 Capitol (1.96 ac.) - Creekway Park, 7306 Prairie (0.89 ac.) - Durant Park, 6113 Durant (2.70 ac.) - Mt. Vernon Park, 5151 McArdle (7.25 ac.) - Parklane Park, 4600 Arlene (1.95 ac.) - Peary Park, 1750 Paul Jones @ Decatur (1.00 ac.) - Penn Place Park, 4302 Aaron (1.67 ac.) - Ridgewood Park, 5730 Malden (5.04 ac.) - Caribbean Park, 601 Mediterranean (1.00 ac.) SECTION 2. At least ten days prior to a first reading ordinance for the sale of the park land identified in Section 1, notice shall be sent to property owners within 500 feet of the park land to be sold. Notice will include the time, date and location of the City Council meeting addressing the ordinance, a phone number to contact the Parks and Recreation Department, and a statement that interested parties may appear at the City Council meeting. SECTION 3. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. Page 1 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: July 28, 2014 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P.E. Executive Director, Utilities Markvv@cctexas.com 361-826-1874 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS). CAPTION: Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $140,860. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir system. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. The contract period is October 1, 2014 through September 30, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $762,000 Encumbered / Expended Amount This item $140,860 BALANCE $621,140 Fund(s): Water Comments: Total cost will be split among Wesley Seale Dam, Choke Canyon and O.N. Stevens Water Treatment Plant organizations. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint -funding agreement United States Department of the Interior RMa g V o�ce GitY U.S. GEOLOGICAL SURVEY PN 2 3 2.14 Texas Water Science Center 1505 Ferguson Lane Austin, TX78754 June 19, 2014 Ronald Olson City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Olson, Enclosed are two signed originals of our standard joint -funding agreement for the project(s) Texas Water Science Center Water Resources Investigations, during the period October 1, 2014 through September 30, 2015 in the amount of $140,860 cash from your agency. U.S. Geological Survey contributions for this agreement are $28,950 for a combined total of $169,810. Please sign and return one fully -executed original to Karen Beers at the address above. Federal law requires that we have a signed agreement before we start or continue work. Please return the signed agreement by October 1, 2014. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact J. Mark Null at phone number (210) 691-9262 or email jmnull©usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI -1040). Please allow 30 -days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact Kandis Becher at phone number (817) 263-9545 Ext 225 or email at kkbecher©usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Sincerely, Timothy H. Raines Acting Director Enc.: 15CMTX029000000 (2) Form 9-1366 (Oct. 2005) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Agreement#: 15CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Fixed Cost Agreement YES[ X j NO[ j THIS AGREEMENT Is entered into as of the October 1, 2014, by the U.S. GEOLOGICAL. SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part 1. The parries hereto agree that subject to the availability of appropriations and In accordance with their respective authorities there shall be maintained in cooperation Water Resource investigations (per attachment), herein called the program. The USGS legal authority Is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In -Kind -Services in the amount of $0.00 (a) $28,950 by the party of the first part during the period October 1, 2014 to September 30, 2015 (b) $140,860 by the party of the second part during the period October 1, 2014 to September 30, 2015 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included In the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to Insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the Inspection of the other party, and if the work Is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited In the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request be furnished by the party of the first part at cost, Impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will Issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, Interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). Form 9-1366 (Oct. 2005) Name: Address: Telephone: Fax Email: Name: Address: Telephone: Fax Email: U.S. Department of the interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations USGS Technical Point of Contact .1. Mark Null Supv. Physical Scientist 5563 DeZavala Road, Suite 290 San Antonio, TX 78249 (210) 691-9262 (210) 691-9270 jmnuli@usgs.gov USGS Billing Point of Contact Kandis K Becher Budget Analyst 2775 Altamesa Blvd. Fort Worth, TX 76133 (817) 263-9545 Ext 225 (817) 361-0459 kkbecher@usgs.gov U.S. Geological Survey United States Department of Interior Signature By /s"ne `'✓ / e: June 19, 2014 Na e: Timothy H a s Title: Acting Director Name: Address: Telephone: Fax: Email: Name: Address: Telephone: Fax Email: Agreement#: 15CMTX029000000 Customer#: 6000000486 Protect #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Technical Point of Contact Ronald Olson City Manager 1201 Leopard Street Corpus Christi, TX 78401 (361) 826-3220 RonO@cctexas.com Customer Billing Point of Contact M. P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415 (361) 826-3667 (361) 826-4420 mp©cctexas.com City of Corpus Christi By Date: Name: Title: By Date: Name: Title: STATION NUMBER 001: SURFACE WATER City of Corpus Christi 15CMTX029000000 DESCRIPTION USGS COOP TOTAL FUNDS FUNDS FUNDS 08194000 Nueces River at Cotulla, TX Full Range Streamflow Station $4,580 $10,870 $15,450 08194500 Nueces River near Tilden, TX Full Range Streamflow Station $4,580 $10,870 $15,450 08205500 Frio River near Derby, TX Full Range Streamflow Station $4,580 $10,870 $15,450 08206600 Frio River at Tilden, TX Full Range Streamflow Station $4,580 $10,870 315,450 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents 32,465 35,215 37,680 08206910 Choke Canyon Res. outflow nr Three Rivers, TX 0 below Base and Continous Stages 32,850 37,350 310,200 08210000 Nueces River near Three Rivers, TX Full Range Streamflow Station 30 30 30 Funded by the National Stream Flow Information Program (NSIP) 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents 32,465 55,215 37,680 08211000 Nueces River near Mathis, TX Full Range Streamflow Station 30 30 30 Funded by the National Stream Flow Information Program (NSIP) 08211200 Nueces River above Bluntzer, TX Q below Base and Continaus Stages 32,850 $7,350 310,200 08211500 Nueces River at Calallen, TX FuII Range Streamflow Station 30 30 30 Funded by the National Stream Flow Information Program (NSIP) 08211503 Rincon Bayou Channel near Calallen, TX 0 below Base with AVM and Continuous Stage 30 $13,050 313,050 SURFACE WATER TOTAL: 328,950 381,660 3110,610 STATION NUMBER DESCRIPTION 15CMTX029000000 USGS COOP TOTAL FUNDS FUNDS FUNDS 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond., pH, Diss. Oxy.. Turbidity Monitor (5-Parm) $0 543,000 $43,000 08211503 Rincon Bayou Channel near Calalien, TX Temp. and Cond. Monitor (2-Parm) WATER -QUALITY TOTAL: S0 $43,000 $43,000 $0 116,200 $18,200 10 118,200 118,200 10 159,200 159,200 PROJECT SURFACE WATER: 001 USGS COOP TOTAL FUNDS FUNDS FUNDS 128,950 181,680 $110,810 WATER QUALITY: 003 $0 159,200 159,200 TOTAL $28,950 1140,880 1169,810 USGS Contributions USGS Cooperative Water Program Funding National Stream information Program Contribution (3 gages) $28,950 $46,350 Total USGS Contribution $75,300 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: TO: August 15, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Contract O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements CAPTION: Motion authorizing the City Manager or designee to execute the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $119,600 for the O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements for design, bid, and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute the LNV, Inc. contract for O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements. BACKGROUND AND FINDINGS: The O.N. Stevens Water Treatment Plant (ONSWTP) treats an average of 70 MGD (million gallons per day). The Plant removes approximately 24,500 pounds of solids per day from the raw water at this treatment rate. These solids are handled as water treatment sludge with very high water content. Currently, ONSWTP moves all solids, in the form of liquid sludge, from the North and South Lagoons and Sedimentation Basins to the East and West Lagoons (Polywogs) via various interconnecting gravity drain systems. The East and West Lagoons were designed to permanently store solids (sludge) from ONSWTP and extract the water from the sludge by evaporation. Over the years, the East and West Lagoons have filled with solids and are approaching their storage capacity. It is anticipated that the East and West Lagoons will reach capacity within the next four years. When the East and West Lagoons are filled to capacity, the Plant will need a new method to transfer, store and dispose of the solids. Lagoon No. 7 has capacity, is in close proximity, and is accessible for an interim location to receive sludge. This project will provide professional services for the design of a sludge transfer line to Lagoon No. 7. The sludge line will be added to give Operations a solution for pumping sludge from the North and South Lagoons to Lagoon No. 7 until permanent Solids Handling Facilities are constructed. Other interim improvements to be provided under this contract include; the rehabilitation of the North and South Lagoon access roads, which are heavily deteriorated and must accommodate the equipment needed for handling of the floating dredge equipment; the evaluation of options for transferring sludge to Lagoon No. 7 including the use of any existing lines connected to Lagoon No. 7; the determination of the volume and characteristics of sludge and water in the North and South Lagoons and Lagoon No.7; the review of washwater recycling operational data and; subsequent determination of the volume of additional sludge that can be deposited in Lagoon No. 7 as well as the location and method of deposition appropriate to avoid hindrance of the washwater recycling operation; the determination of an offsite disposal location for any amount of sludge that cannot be deposited in Lagoon No. 7 and the cost of offsite disposal associated with the initial dredging operations; finally, dredge equipment start-up and commissioning support services. LNV has been working on the City's ONSWTP projects for many years and is very familiar with the sludge disposal at ONSWTP. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Interim sludge handling improvements are required until a long term solids handling solution can be accomplished in FY2019 under a separate professional services contract. The engineering design service is approximately 10% of the construction estimate and 7% of the project budget. 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 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $1,000,000.00 $1,000,000.00 Encumbered / Expended Amount This Item $119,600.00 $119,600.00 Future Anticipated Expenditures This Project $877,200.00 $877,200.00 BALANCE $3,200.00 $3,200.00 Fund(s): Water CIP #29 Comments: This project requires approximately 457 calendar days with anticipated completion November 2015. The contract will result in the expenditure of an amount not to exceed $119,600. RECOMMENDATION: City Staff recommends approval of the engineering contract with LNV, Inc. in the amount of $119,600 for the O.N. Steven Water Treatment Plant Interim Sludge Management Improvements for design, bid, and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET O.N. STEVENS WATER TREATMENT PLANT INTERIM SLUDGE MANAGEMENT IMPROVEMENTS FUNDS AVAILABLE: Water CIP (2013-2014) $1,000,000 FUNDS REQUIRED: Construction (Estimate) $702,000 Contingencies (10%) $70,200 Engineer Fees: Design Engineer (LNV, Inc.) $119,600 Other Services (Testing, Survey, Laboratory) (Estimate) $20,000 Construction Observation Services $30,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $17,500 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $32,500 Misc $5,000 TOTAL $996,800 PROJECT BUDGET BALANCE $3,200 PROJECT #E13052 LOCATION MAP NOT TO SCALE O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 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 LNV, Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements (E13052) — LNV, Inc. will provide all basic and additional services for the design of the sludge transfer line to Lagoon No. 7. The sludge line will be added to give Operations a solution for pumping sludge from the North and South Lagoons to Lagoon No. 7 until the Solids Handling Facilities are constructed. The North and South Lagoons access roads are heavily deteriorated and will be rehabilitated to accommodate equipment needed for handling of floating dredge equipment. Evaluate options for transferring sludge to Lagoon No. 7 including the use of any existing lines connected to Lagoon No. 7. Determine the volume and characteristics of sludge and water in the North and South Lagoons and Lagoon No. 7. Review washwater recycling operational data to determine the volume of additional sludge that can be deposited into Lagoon No. 7 as well as the location and method of deposition appropriate to avoid hindrance of the washwater recycling operation. Determine an offsite disposal location for any amount of sludge that cannot be deposited in Lagoon No. 7 and the cost of offsite disposal associated with the initial dredging operations. Finally, provide dredge equipment start-up and commissioning support services. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional 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 Contract for Engineering (A/E) Services Page 1 of 3 K:IENGINEERING DATAEXCHANGEIJENNIFERIWATER1E13052 ONSWTP INTERIM SLUDGE MGMT IMPROVEMENTSICONTRACTICONTRACT.DOC 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. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set 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 revised fee not to exceed $119,600.00 (One Hundred Nineteen Thousand Six Hundred Dollars and Zero Cents). Monthly invoices shall 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. Contract for Engineering (A/E) Services Page 2 of 3 K:IENGINEERING DATAEXCHANGEIJENNIFERIWATER1E13052 ONSWTP INTERIM SLUDGE MGMT IMPROVEMENTSICONTRACTICONTRACT.DOC 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 AIE without the express written consent of the Executive Director of Public Works. However, the NE 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. 10. DISCLOSURE OF INTEREST NE 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 Natasha Fudge, P.E., Date Acting Director, Capital Programs RECO MEND u •p r= ng De.- " 7-3�-,c/ ment Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date For City Attorney APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary LNV IN; 41110511ati Dan S. Le ',decker, , Date Pres • - t 8Navigation, Suite 300 Corpus Christi, Texas 78408 (361) 883-1984 Office (361) 883-1986 Fax Project No: E13052 Fund Source No: 550950-4093-00000-E13052 Fund Name: Water 2013 CIP (RevBds) Encumbrance No: Contract for Engineering (A/E) Services Page 3 of 3 K:4ENGINEERING DATAEXCHANGEUENNIFERWATERlE130S2 ONSWTP INTERIM SLUDGE MGMT IMPROVEMENTS4CONTRACTICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS O.N. STEVENS WATER TREATMENT PLANT INTERIM SLUDGE MANAGEMENT IMPROVEMENTS PROJECT NO. E13052 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 PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings 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. Prepare preliminary opinions of probable construction costs for the recommended improvements. Develop drainage area boundary map for existing and proposcd drainagc ar as ccrved. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. • m) power conduit for street lighting and traffic signalization. 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 TCEQ RTA, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City providcd prcliminary Traffic impact ascs.,mcnt and providc recommendation for integration and/or additional requirements as appropriate. U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx EXHIBIT "A" Page 1 of 10 Revised November 26, 2013 p) Prepare an Engineering Letter Report (20 25 page main body text document with supporting appendices) that documents the analyses, approach, opinions of 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 requiremcnts, 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 summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. 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 TCEQ - --- , ' etc. 6. Provide an analysis on project impacts towards "re engineering" and cffcctc on cost savings toward City operations, which this project will affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. s) 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. t) 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. u) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Preparc - -- - and rccponcc 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 Department) U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx EXHIBIT "A" Page 2 of 10 Revised November 26, 2013 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. 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 and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) 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. d) 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. e) 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. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre final plans and bid documents (90% submittal cicctronic and hard copy using City Standards as applicablc) to the City staff for • ecution summary, project checklist and plan checklist. h) Hold Project 90% rcvicw mccting. Prcparc mccting agcnda and dictributc meeting meetings to attendees within five working days of the meeting. and spccifications, and advicc City of responding and non responding EXHIBIT "A" Page 3 of 10 Revised November 26, 2013 U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard 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. k) 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.. I) 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. nn) Provide copy of contract documents along with appropriatc fcc to Taxas acccscibility 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 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 impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. 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. EXHIBIT "A" Page 4 of 10 Revised November 26, 2013 U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx 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. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) 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 EXHIBIT "A" Page 5 of 10 Revised November 26, 2013 U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. 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: in the ar a b. TxDOT utility and environmental permits, multiple use agreements c. Wetlands Delineation and Permit d. Temporary Discharge Permit c. NPDES Pcrmit/Amcndments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Pcrmits/Amcndmcnts g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) Texas Department of Licensing and Regulation (TDLR ) rn. Texas General Land Office (TGLO) n. Other agency project spccific permits 2 Right of Ways ter) Asq�++sition Survey. All work must comply with Category 1 A, Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformancc with thc City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Pcrform survcys to dctcrminc apparent right of way widths. cxicting apparcnt ROW. NE must obtain Prcliminary Titic Reports from a local title company and--previde oepies of the titic rcports to thc City. Prcliminar-y-T-+tic Report shall identify title ownership and any title encumbrances to all right of way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment a+nd-it. -pesition relative to the existing EXHIBIT "A" Page 6 of 10 Revised November 26, 2013 U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx and-p-r-dpoced ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal --district records. d) 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. 3. Topographic Survey and Parcel Descriptions 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'n Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied – i.e. – the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface 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. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Mctcs and bounds description muct indicate parent tract areas based on the most accurate information available. Strip map accmcntc within thc parccic to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal description for thc fees may be required in resolving bounds-eeR41i is between Owners. A/E shall :10, 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx EXHIBIT "A" Page 7 of 10 Revised November 26, 2013 5. Public Involvement. Participatc in two public mcctings. Onc public mccting 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 addresc citizcn commcntc, ac dircctcd by tho City. Prepare notices, handouts and exhibits for public information meetings. a) Providc subsurfacc 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 limitcd to, hydro cxcavation. The proposed subsurface , t estigation will be a.„-fetlews: i) Excavation The survey scope includes working with a -surface utility cxcavator to perform Quality Laval A invcstigation of undcrground utilitics in specified areas through the projcct limit. (Quality Laval A involvcc tho use of nondestructive digging equipment at critical points to determine the a# -t -las quality Icvcl will be physically located and tied to the topographic obtained to the top of the utility. ii) Utility Location The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will locations. iii) Storm Water Storm water facilities within the project limits will be located to Quality Level C. Locat will be based on the surveyed locat 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 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. Construction Observation Services. To Be Determined. 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 improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx EXHIBIT "A" Page 8 of 10 Revised November 26, 2013 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. 9. Start -Up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity TBD NTP — Based on approval by City Council 12 weeks from NTP 60% Design Submittal 20 weeks from NTP 100% Design Submittal 28 weeks from NTP Final Submittal 34 weeks from NTP Contract Award 180 Calendar Days from Contractor NTP Complete Construction 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: EXHIBIT "A" Page 9 of 10 Revised November 26, 2013 U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx Summary of Fees Basic Services Fees 1. Preliminary Phase $23,600.00 2. Design Phase $46,000.00 3. Bid Phase $4,500.00 4. Construction Administration Phase $15,300.00 Subtotal Basic Services Fees $89,400.00 Additional Services Fees (Allowance) 1. Permit Preparation $6,200.00 2. ROW Acquisition Survey $0 3. Topographic Survey and Parcel Descriptions* $8,800.00 4. Environmental Issues* $3,000.00 5. Public Involvement* $0 6. Subsurface Utility Investigation $0 7. Construction Observation Services To Be Determined 8. Warranty Phase $4,000.00 9. Start -Up Services $8,200.00 Sub -Total Additional Services Fees Authorized $30,200.00 Total Authorized Fee $119,600.00 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 10 of 10 Revised November 26, 2013 U:\Corpus Christi\120435 ONSWTP N&S Sludge Lagoon Infrastruct\AE Contract\2014-07-08 EXHIBIT A.docx it,City of Corpus Christi EXHIBIT A-1 CITY OF CORPUS CHRISTI LNVSolutions Today with a Vision for Tomorrow engineers architects contractors ONSWTP INTERIM SLUDGE MANAGEMENT IMPROVEMENTS CITY PROJECT NO. E13052 SCOPE OF WORK PROJECT DESCRIPTION: ONSWTP Interim Sludge Management Improvements Provide preliminary phase, design phase, bid phase, construction phase, permit preparation, topographic survey, environmental issues, start-up, and warranty phase services for the design of the sludge transfer line to Lagoon No. 7. The sludge line will be added to give Operations a solution for pumping sludge from the North and South Lagoons to Lagoon No. 7 until the Solids Handling Facilities are constructed. The North and South Lagoon access roads are heavily deteriorated and will be rehabilitated to accommodate equipment needed for handling of floating dredge equipment. Evaluate options for transferring sludge to Lagoon No. 7 including the use of any existing lines connected to Lagoon No. 7. Determine the volume and characteristics of sludge and water in the North and South Lagoons and Lagoon No. 7. Review washwater recycling operational data to determine the volume of additional sludge that can be deposited in Lagoon No. 7 as well as the location and method of deposition appropriate to avoid hindrance of the washwater recycling operation. Determine an offsite disposal location for any amount of sludge that cannot be deposited in Lagoon No. 7 and the cost of offsite disposal associated with the initial dredging operations. Finally, provide dredge equipment start-up and commissioning support services. SCOPE OF SERVICES: Preliminary Phase a. Locate and verify a discharge location on the Southwest side of Lagoon No. 7. b. Coordinate sludge transfer line alignment with proposed improvements in area between the pre -sedimentation basin and Lagoon No. 7. c. Develop design of existing North and South Lagoon access road rehabilitation. d. Determine power requirements for the dredge equipment and identify power supply. e. Confirm, evaluate, and field -verify existing site conditions. (City will provide record information and data as available from City Engineering files.) f. Meet as needed with City staff and other agencies to define the project concept and coordinate with on-going construction. EXHIBIT "A-1" Page 1 of 5 g. Review and study the project scope and proposed budget as they relate to construction feasibility. h. Review previously developed sketches, designs, and/or engineering reports provided by City. i. Design new sludge transfer line from North and South Lagoons to Lagoon No. 7. j. Investigation/Modification of existing lines connecting to Lagoon No. 7 for use as sludge transfer line. k. Determine volume and characteristics of sludge in the North and South Lagoons. I. Review operational data of Lagoon No. 7 in order to: a. Determine volume and characteristics of sludge and water in Lagoon No. 7. b. Determine the volume of additional sludge that can be deposited in Lagoon No. 7 as well as the location and method of deposition appropriate to avoid hindrance of the washwater recycling operation. c. Investigate possible modifications to the washwater recycling operation m. Determine amount of sludge if required to be disposed of offsite. n. Identify an offsite facility for disposal of excess sludge. o. Determine the cost of offsite disposal associated with the initial dredging operations (not future routine FLUMP operations). p. Deliver Engineering Letter Report making alternative comparisons and recommendations for the above scope items along with associated preliminary costs. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. q. Design Phase: a. Prepare and submit for review a 60% set of construction drawings, plans, details, contract documents, and bid documents and a list of recommended technical specifications in accordance with the City of Corpus Christi's preferred format. b. Furnish one (1) set of plans and one (1) electronic copy to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. c. Develop and submit for review an opinion of probable construction costs within the pre- determined budget constraint or, d. Recommend probable alternative bid items that may be needed to ensure that the lowest responsible bid can be awarded within budget. e. Assimilate all review comments, modifications, additions/deletions, and proceed to the 90% phase, upon Notice to Proceed. f. Prepare and submit for review a 100% set of construction drawings, plans, details, contract documents, technical specifications and bid documents in accordance with the City of Corpus Christi's preferred format. City Proj. No. E13052 ONSWTP Interim Sludge Management Improvements LNV Proj. No. 120435 Exhibit "A-1" Page 2 of 5 g. Furnish one (1) set of plans and one (1) electronic copy to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. h. Develop and submit for review an opinion of probable construction costs within the pre- determined budget constraint or, i. Recommend probable alternative bid items that may be needed to ensure that the lowest responsible bid can be awarded within budget. Assimilate all review comments, modifications, additions/deletions, and proceed to the final phase, upon Notice to Proceed. k. Complete and submit a FINAL complete set of construction drawings, plans, details, contract documents, technical specifications, and bid documents in accordance with the City of Corpus Christi's preferred standard format. I. Provide the marked -up 90% review set so the City may determine that the comments were incorporated into the 100% set. m. Provide the final opinion of probably construction cost. n. Provide final alternative bid items that may be needed to ensure that the lowest responsible bid is within budget. o. Furnish the City with both a reproducible set of plans and specifications and bid documents for the bidding process, as well as the full documents in electronic format (pdf). p. Prepare and submit documents to regulatory agencies (TCEQ) for review and approval. Prepare required permits and agreements. J. Bid Phase a. Attend the pre-bid conference chaired by City and assist City in defining, clarifying, and responding to bidder questions with respect to project design, specifications, materials, and methods. b. Prepare addenda, in preferred City format, necessary to inform contractors of modifications and clarifications prior to bid date. The City's Engineering Services will distribute any addenda. c. Attend the bid opening, tabulate bids according to the City Engineering Services' preferred standard format, and make recommendations concerning award. d. Assist City during the bid phase, including making recommendations of award. e. Prepare bid tabulation. f. Be present at bid opening. Construction Phase a. Attend and participate in the pre -construction conference, which will be chaired by Engineering Services. b. Attend monthly construction meetings. City Proj. No. E13052 ONSWTP Interim Sludge Management Improvements LNV Proj. No. 120435 Exhibit "A-1" Page 3 of 5 c. Visit the site/confer with City's Construction Inspector and contractor to observe the progress and quality of work, and to determine, in general, whether the work is in accordance with project design. d. Review and approve all contractor's shop drawings and/or submittals. e. Coordinate necessary change orders during the process of the work. City will prepare and process all change orders. Review and approve all proposed layouts, lines, levels, and elevations prior to installation or construction to assure project design and intent. Review the contractor's progress payment request and approved schedule of work before submission to the City for processing. h. Provide record drawings from contractor -prepared redlined marked -up set of construction documents. g. i. Coordinate with the City Inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. Conduct a "final inspection" with City and contractor, and make a recommendation concerning final acceptance. J. Additional Services 1 Permit Preparation a. Submit design milestone documents (60%, 100%, and Final) to TCEQ for plan review and approval. 3 Topographic Survey a. Provide additional topographical surveying services at ONSWTP for sludge piping discharge alignment and survey the North and South Lagoon and Lagoon No. 7 for total volume and current sludge volumes. 4 Environmental Issues a. Sample, test, and analyze results of sludge characteristics from the North Sludge Lagoon, South. Sludge Lagoon & Lagoon No. 7. Each lagoon will be divided into four quadrants with samples taken from three different depths in each quadrant for a total of 12 samples per lagoon and 36 samples in total. City Proj. No. E13052 ONSWTP Interim Sludge Management Improvements LNV Proj. No. 120435 Exhibit "A-1" Page 4of5 5 Public Involvement (N/A) 7 Construction Observation Services (N/A) 8 Warranty Phase a. Provide warranty phase services as described in Exhibit "A" 9 Start Up Services a. Provide dredge equipment start-up and commissioning. 1. Provide additional, on-site services, and field technical support at ONSWTP during dredge start-up and commissioning. Coordinate with the contractor, floating dredge manufacturer, and owner for start up and insure that Operators are sufficiently trained. City Proj. No. E13052 ONSWTP Interim Sludge Management Improvements LNV Proj. No. 120435 Exhibit "A-1" Page 5 of 5 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, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 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 "B" Page 2 of 3 K:\Engineering DataExchange\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 "B" Page 3 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx 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 Protect No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 0727100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice invoice Complete 51,000 50 50 51,000 $0 51,000 51,000 100% 2.000 1.000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 096 2.500 0 1,000 3,500 0 0 0 0% 56,000 51,000 51,250 58,250 5750 51,500 52,500 30% 521000 50 50 52,000 5500 50 $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 51,120 51,627 $4,747 5500 50 5500 11% 56,000 51,000 51,250 58,250 5750 51,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 52,120 52,877 $12,997 51,250 $1,500 53,000 23% SUPPLIER NUMBER iii TO BE ASSIGNED BY CITY = PURCHASING DIVISION t Ciof City of CITY OF CORPUS CHRISTI Ci Corpus 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: LNV, INC. P. O. BOX: N/A CORPUS STREET ADDRESS: 801 NAVIGATION, SUITE 300 CITY: CHRISTI FIRM IS: 1. Corporation 4. Association 2 Partnership 5. Other a ZIP: 78408 3. Sole Owner Ei 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 tk/pe 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" cons 'tuting 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: DAN S. LEYENDE R, P.E. / Title: PRESIDENT (Type or Print) Signature of Certifying Person: DEFINITIONS -5? Date: 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." "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. g. Corpus Chr sti Capital Programs O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements Council Presentation September 9, 2014 Corpus Chr sti Capital Programs ➢ Design of the sludge transfer line to Lagoon No. 7; ➢ Rehabilitate North and South Lagoon access roads; • Review and evaluate existing sludge operations and recommend an interim solution for sludge management; and ➢ Provide dredge equipment start-up and commissioning support services. Project Schedule dL6110 Corpus Chr 1sti Capital Programs 2014 r Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Design Bid & Award Construction Project Estimate: 457 Calendar Days 15 Months Projected Schedule reflects City Council award in September 2014 with anticipated construction completion in November of 2015. PROJECT BUDGET BALANCE Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Water CIP (2013-2014) FUNDS REQUIRED: Construction (Estimate) Contingencies (10%) Engineer Fees: Design Engineer (LNV, Inc.) Other Services (Testing, Survey, Laboratory) (Estimate) Construction Observation Services Reimbursements TOTAL $1,000,000 $702,000 $70,200 $119,600 $20,000 $30,000 $55,000 $996,800 $3,200 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: TO: July 24, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Monitoring Contract Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 4 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $98,439, for a total restated fee of $555,081 Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015. PURPOSE: The purpose of this agenda item is to obtain authority to execute the Conrad Blucher Institute contract for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015. BACKGROUND AND FINDINGS: The Watershed Monitoring Program consists of three parts: water quality monitoring, water level monitoring and meteorological monitoring. All data is available for public use through an interactive Watershed Monitoring website. There are three stations that monitor water quality parameters every six minutes and they are located at Wesley Seale Dam, San Patricio Estates, and Nueces River Pump Station. These stations are currently monitored by the Utilities Department. The City will work with Conrad Blucher Institute (CBI) to turn this data into a dashboard with information that will aid operators at O.N. Stevens Water Treatment Plant in making process decisions based on water quality upstream of the plant. There are three Oso Creek water level monitoring stations that are located in Oso Creek to gage river levels. These are monitored by the Utilities Department and were installed to gage flooding events. The Corpus Christi Meteorological Stations are used to monitor weather conditions around the city including rainfall. The meteorological data increases efficiency of water consumption predictions. In February 2012, the City awarded CBI with an Amendment No. 1 contract to initiate a watershed monitoring program with locations in Nueces River, Oso Creek, and Corpus Christi. The contract term of Amendment No. 1 was from March 1, 2012 to February 28, 2013. In March 2013, the City awarded CBI with an Amendment No. 2 contract to continue the same monitoring program with a contract term of March 1, 2013 to July 31, 2013. In November 2013, the City awarded CBI with an Amendment No. 3 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from November 15, 2013 to July 31, 2014. This contract, Amendment No. 4, allows CBI to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment is from August 1, 2014 to July 31, 2015. ALTERNATIVES: 1. Authorize the execution of the monitoring contract amendment. 2. Do not authorize the execution of the monitoring contract amendment. (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 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $363,261.00 $222,349.00 $585,610.00 Encumbered / Expended Amount $363,261.00 $93,381.00 $456,642.00 This Item $98,439.00 $98,439.00 Future Anticipated Expenditures This Project $30,529.00 $30,529.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Water Operating Comments: The contract amendment will result in the expenditure of an amount not to exceed $98,439. RECOMMENDATION: City Staff recommends approval of Amendment No. 4 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $98,439, for a total restated fee of $555,081 Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015 FUNDS AVAILABLE: Water Operating $585,610 FUNDS REQUIRED: *Original (Conrad Blucher Institute, TAMU-CC) $92,355 **Amend. No. 1 (Conrad Blucher Institute, TAMU-CC) $224,794 ***Amend. No. 2 (Conrad Blucher Institute, TAMU-CC) $46,112 ****Amend. No. 3 (Conrad Blucher Institute, TAMU-CC) $93,381 Amend. No. 4 (Conrad Blucher Institute, TAMU-CC) THIS CONTRACT $98,439 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $9,714 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)$18,040 Misc $2,775 TOTAL $585,610 PROJECT BUDGET BALANCE $0 *Original Contract approved by City Council on August 30, 2011 by Motion No. M2011-187. **Amendment No. 1 approved by City Council on February 28, 2012 by Motion No. M2012-047. ***Amendment No. 2 administratively approved on April 17, 2013 ****Amendment No. 3 approved by City Council on November 12, 2013 by Motion No. M2013-171 PROJECT # 8443 METEOROLOGICAL STATIONS WATER QUALITY STATIONS WATER LEVEL STATIONS LOCATION MAP NOT TO SCALE NUECES RIVER WATER QUALITY, OSO CREEK WATER LEVEL & CITY OF CORPUS CHRISTI METEOROLOGICAL MONITORING 2014-2015 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR MONITORING SERVICES AMENDMENT NO. 4 The City of Corpus Christi, Texas hereinafter called "CITY", and the Conrad Blucher Institute at Texas A&M University—Corpus Christi, hereinafter called "CBI," agree to the following amendment to the Contract for Monitoring Services for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015 (Project No. 8443), as authorized and amended by: Original A/E Agreement August 30, 2011 Motion No. 2011-187 $92,355.00 Amendment No. 1 February 28, 2012 Motion No. 2012-047 $224,794.00 Amendment No. 2 April 17, 2013 Administrative Approval $46,112.00 Amendment No. 3 November 12, 2013 Motion No. 2013-171 $93,381.00 In the original contract, Exhibit "A". SECTION II. SCOPE OF SERVICES shall be amended to include the additional tasks as described in Amendment No. 4 Exhibit "A". In the original contract, SUMMARY OF FEES shall be modified and is attached as Amendment No. 4 Exhibit "A" for a revised fee not to exceed $98,439.00 (Ninety -Eight Thousand Four Hundred Thirty - Nine Dollars and Zero Cents), for a total restated fee not to exceed $555,081.00 (Five Hundred Fifty - Five Thousand Eighty -One Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the August 30, 2011 contract between the City and CBI, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF COPUS CHRISTI TEXAS A&M UNIVERSITY- . s RPUS CHRISTI Natasha Fudge, P.E., (Date) L. r Lloyd, (Date) Acting Director, Capital Programs Resear pecialist II Conrad Blucher Institute for Surveying and Science RECOMENDED Texas A&M University — Corpus Christi 6300 Ocean Drive, Unit 5799 Corpus Christi, Texas 78412 Operating Department (Date) (361) 825-5759 Office Larry;Lloyd@tamuc .edu APPROVED AS TO LEGAL FORM Dr. .'� ifuentes, V e 'resident for Assistant City Attorney (Date) nd Outreach for City Attorney APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary (Date) rch, Commercialization Project No: 8443 Fund Source No: 530000-4010-31501-180227 Fund Name: Water Operating Encumbrance No: CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Mr. Gabriel Ramirez 2726 Holly Rd. City of Corpus Christi Corpus Christi, TX 78415 Dear Mr. Ramirez: Larry Lloyd Research Specialist IL Conrad Blucher Institute For Surveying and Science College of Science and Engineering 630o OCEAN DRIVE, UNfr 5799 CORPUS CI !Risrl. TEXAS 78412 0 36 1.825.5759 • C 361.438.6594 8 July, 2014 The statements of work covered herein are submitted to the City of Corpus Christi Water Department (CCWD) for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue to maintain environmental monitoring stations in the Nueces River, Oso Creek and within the City of Corpus Christi under. The following scope of work and budget will reflect an amendment to allow for continuation of the project. PROPOSED AMENDMENT FOR NUECES RIVER WATER QUALITY, 050 CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING: 2014-2015 SUMMARY Thirteen real-time environmental monitoring stations in the Nueces River, Oso Creek and the City of Corpus Christi will continue to be covered under this agreement. Station service includes exchange of water quality datasonde instruments with a freshly calibrated unit and factory recommended maintenance of water level and meteorological monitoring instrumentation. All monitoring stations will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. In addition to these parameters, water level stations will report water level and stage height and water quality stations will report water temperature, salinity, specific conductance, pH, dissolved oxygen and turbidity. All data will be available in graphical and tabular format on CBI's website (http://cbi.tamucc.edu) within one hour of the time data were collected. This proposal covers installation of stations and maintenance for a period of twelve months. RESEARCH OBJECTIVES Nueces River Water Quality Monitoring Three water quality stations are located along the lower Nueces River at the Wesley Seale Dam (28° 2' 32" N 97° 52' 5" W), Nueces River Estates (27° 56' 4" N 970 48' 8" W) and at the Nueces River intake station (27° 52' 2" N 97038' 1" W). These stations consist of a Hach Hydrolab MS5 datasonde, Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water temperature, salinity, conductivity, pH, dissolved oxygen, turbidity, air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water Quality stations assist the CCWD in more efficiently treating public water through the monitoring of the water quality, specifically the turbidity, entering the O.N Stevens Water Treatment Plant. Oso Creek Water Level Monitoring Three water level monitoring stations are located on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca (^27° 43' 18.26" N 970 27' 28.55" W), Weber Rd. near Yorktown Blvd. ("'27° 41' 19.82" N 970 25' 45.36" W) and at Staples St. near Oso Pkwy. (^27° 39' 24.89" N 97° 24' 5.89" W). These stations consist of a Campbell Scientific CS -475 radar water level sensor, Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water level and stage height, air temperature, liquid precipitation, barometric pressure and relative humidity. Water level data will be reported in values relative to the NAVD88 datum. The Oso Creek water level stations will assist the CCWD in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring Seven meteorological stations are located throughout the City of Corpus Christi at water Department, Parks and Recreation Department and Texas A&M University — Corpus Christi properties located at Up River Rd. near Rand Morgan (27° 49' 55" N 970 33' 5" W), Navigation Blvd. near Agnes St. (27° 47' 18" N 97° 27' 10" W), Holly Rd. near Everhart Rd. (27° 42' 12" N 97023' 13" W), Ocean Dr. at TAMUCC (27° 42' 54" N 970 19' 43" W), S.P.I.D. at Flour Bluff Dr. (27° 40' 31" N 970 17' 44" W), San Dollar Ave. near Verdemar Dr. (27° 37' 33" N 970 13' 13" W) and at the Nueces River pump station (27° 52' 4.2" N 97° 37' 54.5" W). These stations consist of a Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and reports air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. STATION SERVICE AND MAINTENANCE Nueces River Water Quality Monitoring Regular site visits will be made to each water quality station monthly during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the old datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the new datasonde will be recorded. Independent salinity readings will be taken with a refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water quality stations will also be cleaned and the component WXT-PTUSP will be replaced every two years as recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with AMEND. NO. 4 EXHIBIT "A" Page 2 of 7 an independent instrument and recoded during each site visit. Full inspections will be made annually during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Repair of damaged station components will be performed during regular service visits as needed and will be used in the event that a damaged station component prevents proper data collection or transmission. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Oso Creek Water Level Monitoring Regular maintenance to water level stations will be conducted every six months. Leveling by CBI will be conducted annually during a regular visit at each water level station to ensure accurate data is being reported. During a leveling site visit, a leveling gun will be used to accurately measure the horizontal and vertical distance between a fixed point and a point on the water level sensor so that the water level can be accurately reported from the NAVD88 datum. Leveling site visits will continually monitor and document any drift in the distance from the fixed point to the water level sensor so that correction can be made to the data if needed. A full annual inspection will also be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken, the sensor orientation will be checked and the desiccant will be replaced. The creek stage height directly below the sensor will also be measured and the stage offset value will be updated in the water level sensor. One emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitoring Regular maintenance to meteorological stations will be conducted every 12 months. One site visit has been budgeted by CBI to conduct a full inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. One emergency site visit have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http://cbi.tamucc.edu. A custom computer program, written by staff at CBI, polls each station every six minutes. During a poll, averaged readings from the datalogger will be requested. The averages are then placed into the CBI database and reported on the station webpage so that each value will represent a six minute average. All data stored in the CBI database is publically available on the internet at http://cbi.tamucc.edu and can be retrieved at any time. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. During calibration, the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. All datasondes brought back from the field will have photographs taken of the sensors to document the amount of biofouling. The instruments will then be post -calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post -calibration records will be available on the CBI website http://cbi.tamucc.edu. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including calibration of the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. Vaisala WXT-520 Weather Transmitter The Vaisala WXT-520 weather transmitter does not require a regular calibration. However, the replacement part WXT-PTUSP contains calibration data and will be replaced every two years as recommended by the manufacturer for accurate data collection. Campbell Scientific CS475 Radar Water Level Sensor The Campbell Scientific CS475 Radar Water Level Sensor does not require a regular calibration. However, the sensor will be checked for accuracy during annual inspections and will be sent back to the manufacturer for a quality check if the data provided by the sensor becomes suspect. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed AMEND. NO. 4 EXHIBIT "A" Pa•e4of7 to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the CCWD will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the CCWD to replace needed components. COLLABORATATIVE MONITORING This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the CCWD and the Nueces River Authority (NRA). The CBI will work with staff at the CCWD and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of twelve months (1 August, 2014 through 31 July, 2015) to perform all services necessary to install and maintain environmental monitoring stations, as described in this proposal. The budget for 1 August, 2014 through 31 July, 2015 is $98,439 and is outlined below with this proposal. Operation and maintenance invoices will be sent on a quarterly basis. The total award amount will be billed in equal, monthly installments over the twelve month period of this contract. A new proposal will be provided for each year of continuing service. AMEND. NO. 4 EXHIBIT "A" Page 5 of 7 BUDGET SUMMARY TOTAL Salaries & Benefits $54,520 Travel Pool $2,174 Supplies $9,250 Other Expenses (IP modem fee, freight service, $9,200 warranty) Indirect $23,295 TOTAL $98,439 AMEND. NO. 4 EXHIBIT "A" Page 6 of 7 NUECES RIVER WATER QUALITY, OSO CREEK WATER LEVEL & CITY OF CORPUS CHRISTI METEOROLOGICAL MONITORING 2014-2015 SUMMARY OF FEES ORIGINAL CONTRACT AMEND. NO. 1 AMEND. NO. 2 AMEND. NO. 3 AMEND. NO. 4 TOTAL 1 Salaries & Benefits $60,181.00 $85,860.00 $22,340.00 $50,348.00 $54,520.00 $273,249.00 2 Equipment/Maintenance 11,350.00 63,640.00 0.00 0.00 0.00 74,990.00 3 Travel Pool 7,175.00 5,540.00 1,510.00 1,735.00 2,174.00 18,134.00 4 Supplies 1,800.00 38,800.00 5,000.00 5,500.00 9,250.00 60,350.00 5 Other Expenses 0.00 14,100.00 6,350.00 13,700.00 9,200.00 43,350.00 6 Indirect 11,849.00 16,854.00 10,912.00 22,098.00 23,295.00 85,008.00 TOTAL 92,355.00 224,794.00 46,112.00 93,381.00 98,439.00 555,081.00 08/30/11 M2011-187 02/28/12 M2012-047 04/17/13 Admin Approval 11/12/13 M2013-171 M2014- 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 ii TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS 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: Conrad Blucher Institute at Texas A&M University -Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive, Unit 5799 CITY: Corpus Christi ZIP: 78412 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. �2;C._ 3v i',a-V7/ n / / ' 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.' NNaalmee 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." 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." Nam 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." Nar/rt 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 he made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)I 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. Vice President for Research, Certifying Person: Dr. Luis Cifuentes Title: Commercialization, & Outreach (Type or Print) Signature of Certifying r /� Date:. Y'l Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr sti Capital Programs Nueces River Water Quality, Oso Creek Water Level, & City of Corpus Christi Meteorological Monitoring 2014-2015 Council Presentation September 9, 2014 Project Scope Corpus Chr sti Capital Programs • Ongoing project originating in August 2011. • Maintenance and real-time data collection of 13 environmental monitoring stations in the Nueces River, Oso Creek and City of Corpus Christi. • Data is available to the public at http://www.cbi.tamucc.edu/ • Data results from (water quality stations) Nueces River used to evaluate raw water quality to optimize water treatment. • Data results from water level stations along Oso Creek and meteorological stations throughout the City of Corpus Christi are used for watershed modeling and planning. • Data collection systems, operation and maintenance performed by the Conrad Blucher Institute for Surveying and Science at Texas A&M University - Corpus Christi. Project Scope 0 Corpus Chr sti Capital Programs PR METEOROLOGICAL STATIONS WATER QUALITY STATIONS � ���oT�o i nin ciennuc 3 Project Schedule 0 Corpus Chr sti Capital Programs Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul r- Monitoring Services Project Estimate: August 1, 2014 to July 31, 2015 Project Budget 0 Corpus Chr sti Capital Programs FUNDS AVAILABLE: Water Operating $585,610 FUNDS REQUIRED: *Original (Conrad Blucher Institute, TAMU-CC) $92,355 **Amend. No. 1 (Conrad Blucher Institute, TAMU-CC) $224,794 ***Amend. No. 2 (Conrad Blucher Institute, TAMU-CC) $46,112 ****Amend. No. 3 (Conrad Blucher Institute, TAMU-CC) $93,381 Amend. No. 4 (Conrad Blucher Institute, TAMU-CC) THIS CONTRACT $98,439 Reimbursements TOTAL $30,529 $585,610 PROJECT BUDGET BALANCE $0 *Original Contract approved by City Council on August 30, 2011 by Motion No. M2011-187. **Amendment No. 1 approved by City Council on February 28, 2012 by Motion No. M2012-047. ***Amendment No. 2 administratively approved on April 17, 2013 ****Amendment No. 3 approved by City Council on November 12, 2013 by Motion No. M2013-171 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: August 19, 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: Valerie H. Gray, P.E., Interim Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 FROM: Floyd Simpson, Chief of Police floyds@cctexas.com (361) 886-2603 CAPTION: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com (361) 826-3504 Motion to execute Design Services Contract Police Vehicle Impound Yard and Garage Phase 2 Bond 2012 Motion authorizing the City Manager, or designee, to execute a Design Services Contract with Freese and Nichols from Corpus Christi, Texas in the amount of $110,168 for the Police Vehicle Impound Yard and Garage Phase 2 for the design, bid, and construction phase services (Bond 2012). PURPOSE: The purpose of this agenda item is to seek City Council approval authorizing the City Manager, or designee, to proceed with executing a Design Services Contract with Freese and Nichols for the design, bid, and construction of the Police Vehicle Impound Yard and Garage Phase 2. 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 was proposed to be constructed on the unimproved portion of the site adjacent to the vehicle impound yard constructed on Greenwood. This area was used as a municipal solid waste landfill in the past. The Texas Commission on Environmental Quality requires very specific construction methods for building on a closed municipal solid waste landfill site. For example, elevating the foundation of the proposed building by two feet above natural grade would be required in lieu of constructing the facility at grade. Staff has reviewed the preliminary design work and found that to construct the forensics building at the originally proposed location, would require significant utility installation, building and site construction costs. Construction at this location would also require permitting through the TCEQ through review and approval of construction documents. Staff has conferred with the City's legal department and recommends constructing the new forensics building adjacent to the old vehicle impound lot and next to where the CCPD currently keeps their equipment and vehicles, located at the City's Service Center on Civitan. This alternate location is more suitable and would accomplish the intent of the project. ALTERNATIVES: 1. Authorize execution of the contract. (Recommended) 2. Do not authorize execution of the contract. (Not recommended) CONFORMITY TO CITY POLICY: The Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $175,000.00 $350,000.00 $175,000.00 $700,000.00 Encumbered / Expended Amount $588,717.50 $588,717.50 This item $110,168.00 $110,168.00 BALANCE $175,000.00 $(348,885.50) $175,000.00 $1,114.50 Fund(s): CIP Bond 2012 Proposition No. 7 Public Safety Improvements, Sequence No. 1 Comments: Not applicable RECOMMENDATION: City Staff recommends the approval of the contract with Freese and Nichols from Corpus Christi, Texas so design may be completed in December, 2014. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Police Vehicle Impound Yard and Garage Phase 2 Bond 2012 FUNDS AVAILABLE: Public Safety Improvements CIP (Bond 2012, Prop. No. 7)...... ..... ................ $700,000.00 FUNDS REQUIRED: Future Construction (Estimate)............................................................... $478,450.00 Contingencies (10%) 47,845.00 Engineer Fees: Engineer (Freese and Nichols) * Construction Inspection Services (In House).......................................... Construction Materials Testing (TBD).................................................... Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............... Engineering Services (Project Mgmt/Constr Mgmt).................................... . 110,168.00 24, 500.00 14,000.00 4,784.50 16,745.75 2,392.25 TOTAL $698,885.50 PROJECT BUDGET BALANCE $1,114.50 * Includes Geotechnical Services CATION MAPS TO SCALE VEHICLE IMPOUND YARD & GARAGE, PHASE 2 (BOND 2012) PROJECT NO. E12126 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS 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 (Director of Engineering Services) and FREESE AND NICHOLS, INC., a Texas corporation, 800 N. Shoreline Drive, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Police Vehicle Impound Yard and Garage Phase 2 (Proiect No. El 2126) BOND 2012—This project proposes the construction of a 3,000 square foot forensics garage for investigative work on vehicles and holding area for vehicles in crime scenes. The new building will be located on the site of the old vehicle impound lot located at the Service Center (Civitan Drive near Holly Road). The site will be developed to include entrance from Civitan Drive, parking lot, and security fencing. 2. SCOPE OF SERVICES The NE 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 Director of Engineering Services. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering (A/E) Services Pagel of 3 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit 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 $110,168, (One hundred ten thousand, one hundred sixty eight 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 AIE 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 NE 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 AIE 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 NE 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 Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Contract for Engineering (A/E) Services Page 2 of 3 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 FREESE AND NICHOLS, INC. Natasha Fudge, P. E. Date Ron Guzman, P. E. Date Acting Director of Capital Programs 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office RECOMMENDED (361) 561-6501 Fax Daniel Biles, P. E., Date Executive Director of Public Works Floyd Simpson Police Chief APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project Number E12126 Fund Source Number 550950-3342-00000-E12126 Fund Source Name Police 2013 GO (Bond 20121 Encumbrance Number Contract for Engineering (A/E) Services Page 3 of 3 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Police Vehicle Impound Yard and Garage Phase 2 Bond 2012 Project No. E12126 I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. NA 2. Design Phase. Upon receipt of an authorization to proceed, the NE will: a. Prepare one (1) set of the construction bid and contract documents (electronic and full-size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. b. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. c. Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system for utility manholes. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Building Size • Why one material is selected over another • Pluses of selections • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status d. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. EXHIBIT "A" Page 1 of 9 Revised April 2010 KLEngineering DataErchangMVELMAPSPOLICEIE12126 VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 20121PHASE 2 FREESE NICHOLSICONTRACT4EXHIBIT A.doc e. Provide one (1) set of the 100% plans and bid documents (100% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants. f. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, 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 staff. The Consultant A/E and Sub -consultant NE shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. g. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. h. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. i. 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. j. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. k. Provide a Storm Water Pollution Prevention Plan, if required. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets. standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval. any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense. confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. EXHIBIT "A" Page 2 of 9 Revised April 2010 KIEnpineering DataExchangelVELMAPIPOLICEIE12126 VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 2012'PHASE 2 FREESE NICHOLSICONTRACTSEXHIBIT Adoc 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 NE) 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 Phase. The AIE will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); 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. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final EXHIBIT "A" Page 3 of 9 Revised April 2010 IC:1Engineenng OelaExchange\VELMAPIPOLICE4E12126 VEHICLE MPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 2012IPHASE 2 FREESE NICHOLSCONTRACTEXHIBIT Adoc acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval 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 will, with written authorization by the Director of Engineering Services, do 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 all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: the area c. Wctlandc Dcli..e..tien and Permit g. Nucccs County h. Texas Historical Commission (THC) i. U.S. Fich and Wildlifc Scrvicc (USFWS) j. U.S. Army Corps of Engineers (USAGE) - Texas Department of Licensing and Regulation (TDLR ) 2. Right -of -Way (ROW) Acquisition Survey. NA 3. Topographic Survey and Parcel Descriptions. A/E will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). 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. EXHIBIT "A" Page 4 of 9 Revised April 2010 KiEngineer ng DataExchanpeWVELMAPIPOLICE1E12126 VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 20121PHASE 2 FREESE NICHOLSICONTRACTIEXHIBIT Adoc 4. Environmental Issues (Not Authorized), Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Construction Observation Services (Not Authorized). Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with AIE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with AIE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of AIE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist NE in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. EXHIBIT "A" Page 5 of 9 Revised April 2010 K1Engineering DataExchanyelVELMAPIPOLICE\E12126 VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 20121PHASE 2 FREESE NICHOLSICONTRACTiEXHIBIT Adoc 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, NE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 6. Start-up Services. NA 7. 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 improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation 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. 8. Windstorm. Perform structural design in accordance with Texas Department of Insurance Windstorm Code. During construction perform inspections of critical structural items in order to provide documentation to TDI for building certification (WPI -8 certificate). File required forms with TDI for certification. 9. Geotechnical Investigation. Perform a subsurface investigation and laboratory testing program and provide pavement and geotechnical recommendations to include the following scope: EXHIBIT "A" Page 6 of 9 Revised April 2010 K.IEngineering DataExchangeWELNIAPIPOLICE1E12126 VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 2D121PHASE 2 FREESE NICHOLSICONTRACTIEXHIBIT Adoc a) Evaluate the subsurface soils within the limits of the proposed building by obtaining information on the in-situ soils and groundwater conditions and to provide foundation design and flexible and rigid pavement sections suitable for 20 and 30 -year pavement designs. b) 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. c) Perform one boring to termination depth of 25 -feet (within footprint of the building) and one boring to termination depth of 5 -feet within the parking lot (Total Number of Borings: 3; Total Linear Feet of Drilling: 30 LF). The scope of work is provided below. Scope of the Proposed Subsurface Investigation a) Coordination with Texas One Call to identify underground utilities in the proximity of the boring/core locations. The borings/cores will be relocated if necessary. b) Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling. c) The borings will be advanced to the depths specified above. d) Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. e) After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations; the base material will be replaced in the boreholes and patched with cold mix. Scope of Laboratory Testing Program • Supplementary Visual Classification (ASTM D2487) • Water Content Tests (ASTM D2216) • Atterberg Limits Tests (ASTM D4318) • Unconfined Compressive Strength Tests (ASTM D2166) • Percent Material Finer Than The #200 Sieve Tests (ASTM D1140) • Potential of Sulfate Attack on Concrete or Lime Stabilized Soil (Standard Method E300) All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. Geotechnical Engineering Report In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logsa discussion of the engineering properties of the subsurface materials encountered, trench excavation design parameters, OSHA soil type classification, utility trench recommendations. foundation design recommendations and pavement recommendations for the proposed project EXHIBIT "A" Page 7 of 9 Revised April 2010 K:hEngmeenng DaIaExchangeWVELMAPIPOLICEIE12126 VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 2012IPHASE 2 FREESE NICHOLSICONTRACTIEXHIBIT A.doe 10. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List. 2. SCHEDULE Day Duration Activity Wednesday 1 day (Notice to Proceed) Begin Design Monday 47 days Interim Submittal (60%) Monday 7 days City Review Monday 42 days 100% Submittal Monday 14 days City Review Wednesday 16 days Final Submittal Monday 26 days Advertise for Bids Tuesday 8 days Pre -Bid Conference Wednesday 8 days Receive Bids Tuesday 101 days Contract Award Monday 7 days Begin Construction Friday 282 days Complete Construction 3. 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 in Section I.A_1-4, A/E will submit monthly statements for basic services rendered. In Section the statement will be based upon A/E's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: EXHIBIT "A" Page 8 of 9 Revised April 2010 K1Enpmeennp DataExchenpeWVELMAPIPOLICE1E12126VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 20124PHASE 2 FREESE NICHOLSICONTRACTUEXHIBIT A-doc Summary of Fees Basic Services Fees 1. Preliminary Phase NA 2. Design Phase $59,796 3. Bid Phase 4,105 4. Construction Phase 17,083 Subtotal Basic Services Fees 80,984 Additional Services FeeslAllowance) 1. Permit Preparation (Authorized) 4,985 2. ROW Acquisition Survey NA 3. Topographic Survey and Parcel Descriptions (Authorized) 7,493 4. Environmental Issues NA 5. Construction Observation Services NA 6. Start-up Services NA 7. Warranty Phase 2,148 8. Windstorm Services 5,961 9. Geotechnical Investigation (Authorized) 8,597 Sub -Total Additional Services Fees Authorized 29,184 Total Authorized Fee $110,168 EXHIBIT "A" Page 9 of 9 Revised April 2010 KlEngineerinp DataExchangeWELMAPIPOLICE\E12126 VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND ISSUE 2012IPHASE 2 FREESE NICHOLSICONTRACTIEXHIBIT A.doe EXHIBIT A-1 (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI POLICE VEHICLE IMPOUND YARD AND GARAGE PHASE 2 BOND 2012 CITY PROJECT NO. E12126 TASK LIST Phase I — Preliminary Design Phase 1) NA Phase II — Final Design 1) FNI shall prepare a 60% review submittal of the Plans and Specifications for the Improvements. 2) Prepare a 100% review submittal of the Plans and Specifications for the Improvements. 3) Prepare contract documents and technical specifications using FNI standard documents. Include any specific requirements of the City of Corpus Christi. 4) Prepare final opinion of probable construction cost. 5) Submit plans and contract documents for FNI constructability review and QA/QC process. Make final modifications to plans. 6) Prepare five (5) sets of plans and contract documents for the OWNER to review at 60% and 100% completion. 100% plans shall be submitted, dated, and stamped "Not for Construction." Upon approval of the plans by the OWNER, the words "Not for Construction" shall be removed and the plans stamped "Issued for Bid" and dated. The Engineer will provide the OWNER five (5) copies of the "Issued for Bid" approved and dated plans and contract documents. Phase III — Bid Phase 1) Assist OWNER in securing bids. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by OWNER. 2) FNI will print 1 set of Bid Documents and deliver to City. 3) Assist OWNER by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 4) Assist the OWNER in conducting a pre-bid conference for the construction projects and coordinate responses with OWNER. Response to the pre-bid conference will be in the form of addenda issued after the conference. CONTRACT FOR ENGINEERING (LARGE A!E) SERVICES EXHIBIT "A-1" Page 1 of 5 Last Revision: Dec 2004 5) FNI will assist OWNER in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified (based on owner requirements) to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. Phase IV - Construction: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described as follows. FNI will endeavor to protect OWNER in providing these services; however, it is understood that FNI does not guarantee the contractor's performance, nor is FNI responsible for supervision of the contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the contractor or any subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. The OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. 1) Assist OWNER in conducting pre -construction conference with the contractor, review construction schedules prepared by the contractor pursuant to the requirements of the construction contract. 2) Have surveyor re-establish project control points and benchmarks for contractor. 3) Establish communication procedures with the OWNER and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, construction schedule and pending and approved contract modifications. 4) Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 5) Make a maximum of one (1) monthly visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. The estimated construction time for this project is 9 months. Therefore, FNI will visit the site 9 times with 6 additional site visits as required (15 total). In this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of contractors and will report arty observed deficiencies to OWNER. Visits to the site in excess of the specified number are an additional service. 6) Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction Contract Documents. Coordinate the work of testing laboratories required for the testing or inspection of materials, witnessed tests, factory testing, etc. CONTRACT FOR ENGINEERING (LARGE AIE) SERVICES EXHIBIT "A-1" Page 2 of 5 Last Revision: Dec 2004 for quality control of the Project. The cost of such quality control testing is not included in the services to be performed by FNI. 7) Process contract modifications and negotiate with the contractor on behalf of the OWNER to determine the cost and time impacts of change orders. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the OWNER are an additional service. Substitutions of materials or equipment or design modifications requested by the OWNER are an additional service. 8) Conduct, in company with OWNER's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the contractor(s). 9) Revise the construction drawings in accordance with the information furnished by construction contractor reflecting changes in the Project made during construction. Three (3) sets of prints of "Record Drawings" and one (1) CD with an electronic file copy of the plans in AutoCAD and contract documents in Word. Phase V — Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as identified in Exhibit A. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within proposal street project limits. CONTRACT FOR ENGINEERING (LARGE AIE) SERVICES EXHIBIT "A-1" Page 3 of 5 Last Revision: Dec 2004 7) Perform topographic survey and associated cross-sections for proposed off-site drainage improvements. 8) Locate and tie-in known utilities and structures. 9) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES 1) (TBD) CONSTRUCTION OBSERVATION SERVICES (NOT AUTHORIZED) 1) Provide construction observation services as authorized by the City in accordance with Exhibit `A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with FNI office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct 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, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. WINDSTORM SERVICES Perform structural design in accordance with Texas Department of Insurance Windstorm Code. During construction perform inspections of critical structural items in order to provide documentation to TDI for building certification (WPI -8 certificate). File required forms with TDI for certification. GEOTECHNICAL INVESTIGATION Perform a subsurface investigation and laboratory testing program and provide pavement and geotechnical recommendations to include the following scope: a) Evaluate the subsurface soils within the limits of the proposed building by obtaining information on the in- situ soils and groundwater conditions and to provide foundation design and flexible and rigid pavement sections suitable for 20 and 30 -year pavement designs. b) 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. CONTRACT FOR ENGINEERING (LARGE A!E) SERVICES EXHIBIT "A-1" Page 4 of 5 Last Revision: Dec 2004 e) Perform one boring to termination depth of 25 -feet (within footprint of the building) and one boring to termination depth of 5 -feet within the parking lot (Total Number of Borings: 3; Total Linear Feet of Drilling: 30 LF). The scope of work is provided below. Scope of the Proposed Subsurface Investigation a) Coordination with Texas One Call to identify underground utilities in the proximity of the boring/core locations. The borings/cores will be relocated if necessary. b) Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling. e) The borings will be advanced to the depths specified above. f) Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. g) After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations; the base material will be replaced in the boreholes and patched with cold mix. Scope of Laboratory Testing Program Supplementary Visual Classification (ASTM D2487) Water Content Tests (ASTM D2216) Atterberg Limits Tests (ASTM D4318) Unconfined Compressive Strength Tests (ASTM D2166) Percent Material Finer Than The #200 Sieve Tests (ASTM D1140) Potential of Sulfate Attack on Concrete or Lime Stabilized Soil (Standard Method E300) All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. Geotechnical Engineering Report In addition to the field and laboratory testing, 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, foundation design recommendations and pavement recommendations for the proposed project. CONTRACT FOR ENGINEERING (LARGE AIE) SERVICES EXHIBIT "A-1" Page 5 of 5 Last Revision: Dec 2004 EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements 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 with applicable policy endorsements, 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 (except Workers Compensation/EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, or reduction in coverage or limits required on all certificates or by policy endorsements Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury / Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT UMBRELLA — EXCESS LIABIITY Must follow form $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $2,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act $500,000/$500,000/$500,000 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this agreement, 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 (except for Professional Liability), 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. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. 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 on CGL and Auto policies of any suspension, cancellation, non -renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. 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 agreement. EXHIBIT "B" Page 2 of 3 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 agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 COMPLETE PROJECT NAME _ w 3 O o w, o 3•O L c a — Ts ▪ O mtN r vcirs a O G Z Z CD OO 7 o c = a_ 0 14 0 0 N O Z E a r O Z E a u 2. w c 0 0 Basic Services: 100%I O o0 Ln 0%I O O 0 CO 25% 0% O% o 0 0%1 0% r0 r O CO O r r 23% 0 O bek O O O69. OGh10 r IA VI. O6c3 0 0 0 r fft 00 Ln T O Ln O QO 1- elf O 00 O 0 o N 0 O O O0 Ln N O c in 0 O O t L"7 0 C7 r O 00 Ln N I $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 009$ 0$ 009$ 000`Z$ 0$ 0$ 000'Z$ 0 0 0 04 r r 0 N r r O I 0 0 1,627 1,627 0 0 0 CIo m ❑ m CIO m 0 m ❑ H in0 H ❑ H TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000 $1,120 $1,627 $4,747 $500 $0 $500 L17 eki 69, 00 Ln W ti 64 N CO Ei? inn N T r C7 T 0 0 CD ye} I 2,000 1,120 1,627 4,747 500 0 500 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 Construction Phase Subtotal Basic Services Additional Services: cU a t a- c = c - o N P C j O) ; « Q a = a 0 & M Manuals o0 to Subtotal Additional Services o o LLL 46 ca E Basic Services Fees Additional Services Fees Total of Fees EXHIBIT "C" Page 1 of 1 City of Corpus Christi OEMSUPPLIER BASSIGNED PURCHASING DIVISION CITY OF CORPUS 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: Freese and Nichols P. O. BOX: N/A 800 N. Shoreline Blvd, STREET ADDRESS: Suite 1600N FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 2. Partnership a 3. Sole Owner 0 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each employee" of the City of Corpus Christi 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 N�1� 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 Committee Board, Commission or 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 t• -VA„.. 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 generalor 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 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type Dr Printl Signature of Certifying Person: DEFINITIONS Date: ` S • «.) a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is 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." "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. g• pUS [HHiSTi €r 1 % POLlCB OFFjCEft POLICE��""��JQ UrunA 1852 i `��WO Police Vehicle Impound Yard and Garage Phase 2 Bond 2012 Corpus Chr sti Capital Programs Council Presentation September 9, 2014 Project Scope Corpus Chr sti Capital Programs 2 Project Schedule Corpus Chr'sti Capital Programs 2014 2015 2016 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Design Bid Construction Project Construction Estimate: 11 Months 3 Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Public Safety Improvements CIP (Bond 2012, Prop. No. 7) . . . $700,000.00 FUNDS REQUIRED: Future Construction (Estimate) $478,450.00 Contingencies (10%) 47,845.00 Engineer Fees: Engineer (Freese and Nichols) * . .. 110,168.00 Construction Inspection Services (In House) ... 24,500.00 Construction Materials Testing (TBD) . ... 14,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) . 4,784.50 Engineering Services (Project Mgmt/Constr Mgmt) .... 16,745.75 Misc 2,392.25 TOTAL $698,885.50 PROJECT BUDGET BALANCE $1,114.50 * Includes Geotechnical Services 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: September 4, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com; 826-3897 THRU: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com; 826-1875 FROM: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com; 826-3504 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com; 826-1972 Engineering Services Contract J.C. Elliott FY2014-2015 Groundwater Monitoring and Related Services CAPTION: Motion authorizing the City Manager, or designee, to execute an engineering contract with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $133,700.00 for Groundwater Monitoring and Related Services at J.0 Elliott Landfill. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground -water monitoring report as specified by the Texas Commission on Environmental Quality (TECQ). In addition, detection monitoring and needed verification tests will be conducted. BACKGROUND AND FINDINGS: The site is located at 7001 Ayers Street and comprises approximately 313 acres. The landfill is a Type I Municipal Solid Waste facility and is currently in post -closure care. Groundwater is being monitored on a semiannual basis under the detection monitoring program specified by Texas Commission on Environmental Quality (TCEQ). The scope of work consists of three parts: 1. Semiannual detection monitoring at 23 groundwater wells (Wells MW 1-2, 4-5, 7, 12, 16-32) for 15 metals and volatile organic compounds in accordance with the TCEQ approved Ground Water Sampling and Analysis Plan (GWSAP) In addition, monitoring iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be included to facilitate identification of geochemical processes that can mobilize metals, which may assist with preparing alternate source demonstrations when background is exceeded in a well. Collection of six samples are recommended (three per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents; this is also intended to assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells with statistically significant increases (SSI) over background limits. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. ALTERNATIVES: 1. Award the contract to Tolunay-Wong Engineers, Inc. as proposed. 2. Do not award the contract to Tolunay-Wong Engineers, Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2014-02. CONFORMITY TO CITY POLICY: The engineering contract and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $150,000.00 $0.00 $150,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $133,700.00 $0.00 $133,700.00 Future Anticipated expenditures for this project $16,300.00 $16,300.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Solid Waste Operating Fund Comments: RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Tolunay- Wong Engineers, Inc. in the amount of $133,700.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE JC Elliott Landfill FY2014-2015 Groundwater Monitoring and Related Services Project No. E14011 PROJECT FUNDS AVAILABLE: Operating Budget FY2014-2015$ 150,000.00 TOTAL 150,000.00 FUNDS REQUIRED: Construction (preliminary estimate).................................................. N/A N/A Engineering Fees: Engineering - Tolunay-Wong Engineers, Inc 133,700.00 Materials Testing (Additional Services)............................................. N/A Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)........ 3,950.00 Engineering Services (Project Mgmt)................................................ 11,250.00 Misc. (Printing, Advertising, etc.)...................................................... 1,100.00 TOTAL $ 150,000.00 ESTIMATED PROJECT BUDGET BALANCE $ 0 s 0 U U M CORPUS CHRISTI INTERNATIONAL AIRPORT J.C. ELLIOTT LANDFILL 0 CC 0 U NUECES F.M. 665 F.M. 20 F.M. 43 COUNTY FM 2444 CEFE VALENZUELA LANDFILL F.M F.M. 14 16 d 0 r 0 U CID 00 N F.M. 18 LOCATION MAP NOT TO SCALE PROJECT NO. 14011 J.C. ELLIOTT LANDFILL FY 2014-2015 GROUNDWATER MONITORING AND RELATED SERVICES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS■■ PAGE: 1 of 1 Corpus chr sti Capital Programs Groundwater Monitoring and Related Services — J.C. Elliott Landfill Council Presentation September 9, 2014 Project Scope Corpus Chr sti Capital Programs EM. 56S J.C. ELLIOTT LANDFILL F.M. 20 04 2444 LEFE VALENZUELA LANOFYLL F26 6 LOCA TION MAP Semi-annual detection monitoring of 23 monitoring wells • Verification re -sampling for wells with Statistically Significant Increases (SSI) over background limits Evaluation of data, identification and reporting of SSIs Preparation and submittal of annual report to TCEQ. dO.'fa Project Schedule Corpus Chrsti Capital Programs Field Sampling Events: November 2014 and May 2015 Annual Report: April 2015 Project Budget Corpus Chr sti Capital Programs PROJECT FUNDS AVAILABLE: Operating Budget FY2014-2015 $ 150,000.00 TOTAL 150,000.00 FUNDS REQUIRED: Construction N/A Contingency N/A Engineering Fees: Engineering - Tolunay-Wong Engineers, Inc 133,700.00 Materials Testing (Additional Services) N/A Reimbursements: 16,300.00 TOTAL $ 150,000.00 ESTIMATED PROJECT BUDGET BALANCE CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and Tolunav-Wong Engineers, Inc., a Texas corporation, 5233 IH -37 Suite B-7, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Groundwater Monitoring at JC Elliot Municipal Landfill (Project No. E14011) — The scope of work consists of three parts: 1. Semiannual Detection Monitoring of the 23 monitoring wells (Wells MW 1-2, 4-5, 7, 12, 16-32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. One of our underlying objectives for this project is to maintain consistency and make the transition as seamless as possible. The cost proposal submitted to the City for FY2013-2014 added the following parameters to the monitoring list: iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon. These were added to facilitate identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, that same cost proposal recommended the collection of 6 samples (3 per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This was also intended to assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. TWE concurs with both of these provisions and has added them into our cost proposal. 2. Verification re -sampling for wells with statistically significant increases (SSI) over background limits. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by Contract for Engineering (A/E) Serv;ces Page 1 of 4 KIENGINEERING DATAEXCHANGEICLARISSAJISOLID WASTE -1E14011 & E14012 SOLID WASTE GROUNDWATER MON1TORINGII JC ELLIOT 2.214 CONTRACTII CONTRACT PROFESSIONAL SERVICES DOC the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Capital Programs. NE 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 NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the NE a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $133,700.00, (in numbers), One Hundred Thirty Three Thousand Seven Hundred Dollars and Zero Cents (in words). 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 NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. Contract for Engineering (A/E) Services Page 2 of 4 KIENGINEERING DATAEXCHANGE1CLARISSAJISOLID WASTE1E14011 & E1 4012 SOLID WASTE GROUNDWATER MONITORING11 - JC ELLIOT 2014-2015 CONTRACT\, CONTRACT PROFESSIONAL SERVICES. DOC 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 NE 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 NE 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 NE fee may be assigned in advance of receipt by the NE 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 NE without the express written consent of the Director of Engineering Services. However, the NE 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. 10. DISCLOSURE OF INTEREST NE 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 Tolunay-Wong Engineers, Inc. Natasha Fudge, P.E. Date Paul R. Wild CAPM Date Acting Director Capital Programs V.P. — Environmental Services 10710 S. Sam Houston Pkwy W. Suite 100 Houston TX 77031 (713) 722-7064 Houston Office (361) 884-5050 Corpus Christi Office Contract for Engineering (NE) Services Page 3 of 4 MENGINEERING DATAEXCHANGEICLARISSAJISOLID WASTEtiE14011 & El 4012 SOLID WASTE GROUNDWATER MONITORINGII - JC ELLIOT 2014-2015 CONTRACTII CONTRACT PROFESSIONAL SERVICES DOC RECOMMENDED Lawrence Mikolajczyk Date Director of Solid Waste Operations APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date For City Attorney ATTEST Rebecca Huerta, City Secretary Groundwater Monitoring JC Elliot Landfill (Project No. E14011) Department Fund Source No. Amount Solid Waste 530000-1020-12530 $133,700.00 Encumbrance No. Contract for Engineering (A/E) Services Page 4 of 4 KSENGINEERING DATAEXCHANGEICLARISSAJ150L1D WASTE1E14011 & E14012 SOLID WASTE GROUNDWATER MONITORINGI1 -JC ELLIOT 2014-2015 CONTRACTI1 CONTRACT PROFESSIONAL SERVICES.DOC Tolunay-Wong Engineers, Inc. 5233 IH -37, Suite 13-7 Corpus Christi, Texas 78408 Phone (361) 884-5050 Monday, July 7, 2014 TWE Proposal No. P14 -E065 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM/a`cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT J C ELLIOTT MUNICIPAL LANDFILL FOR FISCAL YEAR 2014 - 2015 CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. MikoIajczyk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2014 to 2015. Background The Site is Iocated at 7001 Ayers St, Corpus Christi, Texas and comprises approximately 313 acres. The landfill is a Type I Municipal Solid Waste (MSW) facility that received domestic waste and wastewater treatment plant sludges. It is currently in post -closure care and the groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )330 Subchapter J Groundwater Monitoring and Corrective Action, Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix 1. In the detection monitoring program for this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. As noted in a letter dated February 21, 2013 from TCEQ to Mr. Lawrence MikoIajczyk of the City, the ''Total Metals Statistical Background Evaluation Report" was received by the agency on January 12, 2012. This concluded the two year background determination period so that the Detection Monitoring program began with the January 2012 sampling event. This suggests that background was completed with the 2011 monitoring year. As per 30TACC330.407 Detection Monitoring Program for Type I Landfills, "Background data sets may be updated once every two years with semiannual detection monitoring results that are demonstrated to be representative of background groundwater quality." The scope of work for the City's contract document for EXHIBIT "A" Page 1 of 4 Mr. Lawrence MikoIajczyk TWE Proposal No. P14 -E065 July 7, 2014 Page 2 FY2013-2014 groundwater monitoring (Project No. E13074), caIIed for an update to intra -well background values with 2012 and 2013 data. That document also confirmed that initial background concentrations were completed with 2011 quarterly groundwater data. On this basis the J C Elliott facility is not due for a background update for at least another year, which would fall within FY2015-2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the J C Elliott facility. Scope of Work The Scope of Work includes three tasks 1. Semiannual Detection Monitoring of the 23 monitoring wells (WeIIs MW 1-2, 4-5, 7, 12, 16- 32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. One of our underlying objectives for this project is to maintain consistency and make the transition as seamless as possible. The cost proposal submitted to the City for FY2013-2014 added the following parameters to the monitoring list: iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon. These were added to facilitate identification of geochemicaI processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, that same cost proposal recommended the collection of 6 samples (3 per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This was also intended to assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. TWE concurs with both of these provisions and has added them into our cost proposal. 2. Verification re -sampling for wells with statistically significant increases (SSI) over background limits. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. Schedule Based on the City's new fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the field sampling events in November 2014 and May 2015. This will shift the 2014 Annual report forward to no Iater than April 2015. The period between the 2nd semiannual sampling event of 2014 and Annual Report will be utilized for verification sampling which has historically included as many as three verification sampling events. The period following the 1S1 EXHIBIT "A" Page 2 of 4 Mr. Lawrence MikoIajczyk TWE Proposal No. P14 -E065 July 7,2014 Page 3 semiannual event of 2015 will also be utilized for verification sampling if required. Each semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Each of these two sampling events will be conducted as early in their respective semiannual period as possible to allow sufficient time for verification sampling, data analysis, and reporting. Verification sampling, if required, is expected to take about 3 days for each event with analytical TAT again requiring two working weeks. Proposed Project Costs The proposed costs are presented in two components: the base cost to perform the work itself and ramp -up costs for us to become familiar with the various program elements and to facilitate a seamless transition between past monitoring events and future events. TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of $112,030 with estimated ramp -up costs of $21,340, yielding a total, not -to -exceed price of $133,700. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor $ 19,540 Travel & ODCs $ 6,300 Analytical $ 39,930 Reporting $ 31,010 Project Management $ 15,580 Project Subtotal S 112,360 Ramp -up Costs $ 21,340 Total $ 133,700 Lim itations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Permit Modifications and/or GWSAP modifications along with associated agency negotiations and meetings will not be required if Semiannual Reports are submitted in Iieu of one Annual Report. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. EXHIBIT "A" Page 3 of 4 Mr. Lawrence Mikolajczyk TWE Proposal No. P14 -E065 July 7, 2014 Page 4 CIosing Remarks If you have any questions or need additional information, please contact me at (361) 884-5050 or by e-mail at drokohlQhvcinc.com. Sincerely, Tolunay-Wong Engineers, Inc. p, te, fr Don RokohI, F.E. Corpus Christi Branch Manager Paul Wild Vice President Environmental Services Division Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT "A" Page 4 of 4 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE 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, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 K:1Engineennp DateExchanpe%ClanssaJlSo d Waste1E14011 & E14012 Sold Waste Groundwater Monitorin911 - JC Elliot 2014-2015 CantractU EXHIBIT B INDEMNIFICATION - OCT 2010.doca 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 Tess 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 "B" Page 2 of 3 KSEngmeering DataExchange.ClarissaJ\Solid Waste1E14011 & E14012 Solid Waste Groundwater Monotoring51 JC E iut 2014-2015 Contract 3 EXHIBIT B INDEMNIFICATION - OCT 2010.doex 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 "B" Pa•e3of3 K:1Enpineering DataExchangelClariasaJlSolid Waste1E14011 & El 4012 Solid Waste Groundwater Monitoringll - JC Elliot 2014-2015 Cantrect43 EXHIBIT B INDEMNIFICATION - OCT 2010 dotal Q cc G m C Q N 03 al a CC H c O 3 V a y o 0 o 0 G 0 o 0 w 4, zO O ✓ N of 0 IliCO OoCO N d ?z cai z a E J EL d c c O O O z 'o 9 Q +. S O U Basic Services: pQ 6 1- pec (0 6-2 QiR * C+3 IR o` 6 ae 6 e 0 e 0 az 0 a ap M e T- 23%1 0 o 0 0 O IA 69 690 0 0 69 0 M. r- 0 0 000 0 o M 6 0 y= 0 0 N 6 0 11+ cn N0. 0 Lo 6 10 c 0 0 N V 0 o 69 N 10 CO {V 69 0 . 0 o 69 0 i 69 0 69 Q 69 Q 69 669 0 0 69 6 00 0 v T N o .- r- 0 0 0 1,627 1,627 0 0 0I TBD TBD TBD TBD TBD TBD TBDI TBD TBD TBD TBD TBD TBD TBDI ❑ H 0 1- ❑ m CO ❑(0 m ❑ 0 i- I $2,000 $1,120 $1,627 $4,747 $500 $0 $5001 $ u 69 0 `o 69 10 o 0 N 69 0 0 o 69 2,000 1,120 1,627 4,747 500 0 500 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 0 0 L a L'''. coE a 0 0 a C 8 Construction Phase Subtotal Basic Services Additional Services: C 0 0 Q. co C 0 c coC a 0 & M Manuals Subtotal Additional Services 0 0 0 in LL th 00 In0 LL Vi o U !?m m ILE con c o 0 E a IS = 0 -a 0 EXHIBIT "C" Page 1 of 1 11;:711 �+r.r CoCity us Chnsti SUPPLII:K NUMBER TO BE ASSIGNED BY Li 11' PURCIIASING DIVISION CITY OF CORPUS 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 mast be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay-Wong Engineers, Inc. P. 0.130X: STREET ADDRESS: 5233 IH -37, Suite 13-7 FIRIVIIS: I. Corporation 4. Association CITY: Corpus Christi ZIP: 78408 1. Partnership 5. Other 3. Sole Owner 0 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.' k Jif me Job Title and City Department (if known) f 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." 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 .r-/1- 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 "fine." Name. / Consultant EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic 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 1 certify that all information provided is true and correct as of the date of this statement, that 1 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: Don R. Rokohl, P. E. Title: Branch Manager (r)pc or I'sini) Signature of Certifying Person: Date: 4 3 I DEFINITIONS a. "Board member." A member of any board, commission. or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis. but not as an independent contractor. d. "firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in n fine, 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 Finn, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 9, 2014 Action Item for the City Council Meeting of September 16, 2014 DATE: August 21, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com; 826-3897 THRU: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com; 826-1875 FROM: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com; 826-3504 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com; 826-1972 Engineering Services Contract Cefe Valenzuela FY2014-2015 Groundwater Monitoring and Related Services CAPTION: Motion authorizing the City Manager, or designee, to execute an engineering contract with Tolunay-Wong Engineers of Houston, Texas in the amount of $138,280.00 for Groundwater Monitoring and Related Services at Cefe Valenzuela Landfill. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground -water monitoring report as specified by the Texas Commission on Environmental Quality (TECQ). In addition, detection monitoring and needed verification tests will be conducted. BACKGROUND AND FINDINGS: The site is located southeast of Petronila, Texas and comprises approximately 300 acres. The landfill is a Type I Municipal Solid Waste facility that receives domestic waste and wastewater treatment plant sludges. Groundwater is being monitored on a semiannual basis under the detection monitoring program specified by TCEQ. Cefe Valenzuela Landfill requires groundwater monitoring and services related to the monitoring for State regulatory compliance. The scope includes: 1 Semi-annual detection monitoring of 30 monitoring wells (MW 1-19, 40-46, MW - 2B, MW -11 B, MW -12B and MW -13B) for 15 metal and volatile organic compounds in accordance with the TCEQ approved Ground Water Sampling and Analysis Plan(GWSAP) In addition, monitoring iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be included to facilitate identification of geochemical processes that can mobilize metals, which may assist with preparing alternate source demonstrations when background is exceeded in a well. Collection of six samples are recommended (three per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents; this is also intended to assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2 Verification re -sampling will be conducted for events of statistically significant increases (SSI) 3. Biennial intrawell background update based on data collected in 2013 and 2014 4. Evaluate detection monitoring data, SSIs or alternate sources, prepare submittals to TCEQ, including Annual Report. ALTERNATIVES: 1. Award the contract to Tolunay-Wong Engineers, Inc. as proposed. 2. Do not award the contract to Tolunay-Wong Engineers, Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas was selected for this project through RFQ No. 2014-02. CONFORMITY TO CITY POLICY: The engineering contract and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $150,000.00 $0.00 $150,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $138,280.00 $0.00 $138,280.00 Future Anticipated expenditures for this project $11,720.00 $11,720.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Solid Waste Operating Fund Comments: RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Tolunay- Wong Engineers, Inc. in the amount of $138,280.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE Cefe Valenzuela FY2014-2015 Groundwater Monitoring and Related Services Project No. E14012 PROJECT FUNDS AVAILABLE: Operating Budget FY2014-2015$ 150,000.00 TOTAL 150,000.00 FUNDS REQUIRED: Construction (preliminary estimate).................................................. N/A N/A Engineering Fees: Engineering - Tolunay-Wong Engineers, Inc 138,280.00 Materials Testing (Additional Services)............................................. N/A Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)........ 3,950.00 Engineering Services (Project Mgmt)................................................ 6,670.00 Misc. (Printing, Advertising, etc.)...................................................... 1,100.00 TOTAL $ 150,000.00 ESTIMATED PROJECT BUDGET BALANCE $ PROJECT NO. 14012 LOCATION MAP NOT TO SCALE CEFE VALENZUELA FY 2014-2015 GROUNDWATER MONITORING AND RELATED SERVICES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS - 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 (Director of Capital Programs) and Tolunav-Wonci Engineers, Inc., a Texas corporation, 5233 IH -37 Suite B-7, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Groundwater Monitoring at Cefe Valenzuela Municipal Landfill (Project No. El 4012) — The scope of work consists of four tasks: 1. Semiannual Detection Monitoring of the 30 monitoring wells (MW 1-19, 40-46 plus deep wells MW -2B, MW -11B, MW -12B and MW -13B) for the 15 total metals and volatile organic compounds specified in the current GWSAP. One of our underlying objectives for this project is to maintain consistency and make the transition as seamless as possible. The cost proposal submitted to the City for FY2013-2014 added the following parameters to the monitoring list: iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon. These were added to facilitate identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, that same cost proposal recommended the collection of 6 samples (3 per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This was also intended to assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. TWE concurs with both of these provisions and has added them into our cost proposal. 2. Verification re -sampling for wells with statistically significant increases (SSI) over background limits. 3. Biennial intrawell background update based on Detection Monitoring data collected in 2013 and 2014 4. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City and three hard copies to the TCEQ. Contract for Engineering (A/E) Services Page 1 of 4 KSENGINEERING DATAEXCHANGE1Ct.ARISSAASOLID WASTE1E14011 & E14012 SOLID WASTE GROUNDWATER MONITORING12 - CEFE V 2014-2015 CONTRACTS CONTRACT PROFESSIONAL SERVICES DOC 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Capital Programs. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the NE a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $138,280.00, (in numbers), One Hundred Thirty Eight Thousand Two Hundred Eighty Dollars and Zero Cents (in words). Monthly invoices will be submitted in accordance with Exhibit "C". Contract for Engineering (NE) Services Page 2 of 4 K tENGINEERING DATAEXCHANGEICLARISSAJISOLID WASTE1E14011 & E14012 SOLID WASTE GROUNDWATER MONITORING12 - CEFE V 2014-2015 CONTRACTII CONTRACT PROFESSIONAL SERVICES DOC 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon AIE 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 AIE 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 NE 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 Director of Engineering Services. However, the NE 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. 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. Contract for Engineering (AIE) Services Page 3 at 4 K{ENGINEERING DATAEXCHANGEICLARISSAJISOLIO WASTEIE14011 S E14012 SOLID WASTE GROUNDWATER MONITORINGI2 - CEFE V 2014-2015 CONTRAC1R1 CONTRACT PROFESSIONAL SERVICES DOC CITY OF CORPUS CHRISTI Tolunay-Wong Engineers, Inc. yf/i4 Natasha Fudge, P.E. Date `Paul R. Wild, CAPM Date Acting Director Capital Programs V.P. — Environmental Services 10710 S. Sam Houston Pkwy W. Suite 100 Houston TX 77031 (713) 722-7064 Houston Office (361) 8845050 Corpus Christi Office RECOMMENDED Lawrence Mikolajczyk Date Director of Solid Waste Operations APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date For City Attorney ATTEST Rebecca Huerta, City Secretary Groundwater Monitoring Cefe Valenzuela Municipal Landfill (Project No. E14012) Amount $138,280.00 Department Solid Waste Fund Source No. 530000-1020-12506 Encumbrance No. Contract for Engineering (A/E) Services Page 4 of 4 KIENGINEERING DATAEXCHANGEICLARISSAJISOLID WASTEIE14011 S E14012 SOLID WASTE GROUNDWATER MONITORING@ . CEFE V 2014-2015 CONTRACTII CONTRACT PROFESSIONAL SERVICESDOC Tolunay-Wong Engineers, Inc. 5233 IH -37, Suite B-7 Corpus Christi, Texas 78408 Phone: (361) 884-5050 Monday, July 7, 2014 TWE Proposal No. P14 -E066 Mr. Lawrence MikoIajczyk Director of Solid Waste Operations City of Corpus Christi 2525 Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM;ii'cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT CEFE VALENZUELA MUNICIPAL LANDFILL FOR FISCAL YEAR 2014 - 2015 CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2014 to 2015. Background The Site is Iocated southeast of Petronila, TX, and the active area comprises approximately 300 acres. The IandfiIl is a Type I Municipal Solid Waste (MSW) facility that receives domestic waste and wastewater treatment plant sludges. It is currently in active status and the groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )330 Subchapter J Groundwater Monitoring and Corrective Action, Constituents being monitored under this program include metals and volatile organic compounds (VOC) Iisted in 40 CFR Part 258, Appendix I. In the detection monitoring program for this facility, groundwater analytical results are compared to background concentrations that have been determined on an intraweIl basis. The background pool for this facility was completed in August of 2012 and therefore, qualifies for updating after completion of the second semiannual sampling event of 2014. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent EXHIBIT "A" Page 1 of 4 Mr. Lawrence Mikolajczyk TWE Proposal No. P14 -E066 July 7,2014 Page 2 sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the Cefe Valenzuela facility. Scone of Work The Scope of Work includes four tasks 1. Semiannual Detection Monitoring of the 30 monitoring wells (MW 1-19, 40-46 plus deep wells MW -2B, MW -11B, MW -12B and MW -13B) for the 15 total metals and volatile organic compounds specified in the current GWSAP. One of our underlying objectives for this project is to maintain consistency and make the transition as seamless as possible. The cost proposal submitted to the City for FY2013-2014 added the following parameters to the monitoring list: iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon. These were added to facilitate identification of geochemicaI processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, that same cost proposal recommended the collection of 6 samples (3 per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This was also intended to assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. TWE concurs with both of these provisions and has added them into our cost proposal. 2. Verification re -sampling for wells with statistically significant increases (SSI) over background limits. 3. Biennial intrawell background update based on Detection Monitoring data collected in 2013 and 2014 4. Evaluation of detection monitoring data, identification and reporting of SS1s or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City and three hard copies to the TCEQ. Schedule Based on the City's new fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the field sampling events in October of 2014 and April 2015. This will shift the 2014 Annual report forward to no later than April 2015. The period between the 2nd semiannual sampling event of 2014 and Annual Report will be utilized for verification sampling which has historically included as many as two verification sampling events. The period following the 15t semiannual event of 2015 will also be utilized for verification sampling, if required. Each semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Each of these two sampling events will be conducted as early in their respective semiannual period as possible to allow sufficient time for verification sampling, data analysis, and reporting. Verification sampling, if required, is expected to take about 3 days for each event with analytical TAT again requiring two working weeks. EXHIBIT "A" Page 2 of 4 Mr. Lawrence MikoIajczyk TWE Proposal No. P14 -E066 July7,2014 Page 3 Proposed Project Costs The proposed costs are presented in two components: the base cost to perform the work itself and ramp -up costs for us to become familiar with the various program elements and to facilitate a seamless transition between past monitoring events and future events. TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of $120,590 with estimated ramp -up costs of $17,690, yielding a total, not -to -exceed price of $138,280. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor $ 23,900 Travel & ODCs $ 6,300 Analytical $ 41,890 Reporting $ 36,090 Project Management $ 12.410 Project Subtotal $ 120,590 Ramp -up Costs $ 17,690 Total S 138,280 Lim itations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • LeveI D Personal Protective Equipment is adequate. • Permit Modifications and/or GWSAP modifications along with associated agency negotiations and meetings will not be required if Semiannual Reports are submitted in Iieu of one Annual Report. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. EXHIBIT "A" Page 3 of 4 Mr. Lawrence MikoIajczyk TWE Proposal No. P14 -E066 July 7, 2014 Page 4 Closing Remarks If you have any questions or need additional information, please contact me at (361) 884-5050 or by e-mail at drokohletweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. il_ la_ 12 le,kk A''' Don Rokohl, P.E. Corpus Christi Branch Manager ,?.‘,' 'rz',,,Lc Paul Wild Vice President Environmental Services Division Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT "A" Page4of4 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR NE 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, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1.000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1.000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 K1Eng neoring OataEschancieliCladsseliSolld Waste\E14011 & E14012 Solid Waste Groundwater Monitoring \2 - Cefe V 2014.2015 Contractl3 EXIiIBIT 8 INDEMNIFlCAT';: fd OCT• 2010 dots 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. AU 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 "B" Page 2 of 3 K4Engineering DataEsehange1ClarissaJ\Solid WastelE14011 & E14012 Solid Waste Groundwater Monitoring12 - Cafe V 2(114.2015 Contrac13 EXHIBIT B INDEMNIFICATION - OCT 2010 do= 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 "B" Page 3 of 3 IC Engineenne DataExchanpelClanssaJlSd d WestraE14011 & 014012 So d Waste Groundwater Monitonn012 - Cefe V 2014-2015 Coreractl3 EXHIBIT B INDEMNIFICATION - OCT 2010 docx L: y 0 0' S. cc G C a. in CO ti/O. CC .. 0 3 o c Wv Zin I.•` i er �O C VH * 0 ILI *a rezz ai C Q. v 41 t) z woo° 13� 6.- c .. a O o 0 z 0 v Basic Services: 100% 0 Ln 0 0 0 th Lr) N 0 0 0 0 0 1- e- 0 M r r M N 0 o e- 63 0 0 63 00 00000 0 D 6II 60 00 63 00000 0 00Lntn$ e= 63 0 L[, e- 0 u) a O o 0 q e- 1- 0 N 0 0 00 N h e0r)0 N 0 0 0 0 LO 14by Lir) 0 0 0 N 0 Ln nj 63 0 Ln. I 0 63 LA N N e- 69 0 q r To- 0 tD 63 009$ 0$ 0o9$ o0o'Z$ o$ o$ 000`Z$ 0 1,120 0 1,120 0 0 0 0 0 1,627 1,627 0 0 0 0 m ~ 0 CO 0 m 0 m 1- 0 H 0 I-- o H TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBDI $2,000 $1,120 $1,627 $4,747 $500 $0 $500, $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 I 2,000 1,120 1,627 4,747 500 0 500 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 Construction Phase Subtotal Basic Services Additional Services: Wa N L4 a1 ca D.CD C coc G � CO i� a a) 1... rn m as U aa0cn Subtotal Additional Services N H 0 a1 � LL N o .3 co ccp,E N Additional Services Fees Total of Fees EXHIBIT "C" Page 1 of 1 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCIIASING DIVISION CITY OF CORPUS 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 pprovide the following information. Everyquestion must be ans►vercd. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay-Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 5233 IH -37, Suite 13-7 FIRM IS: I. Corporation n. 4. Association CITY: Corpus Christi ZIP: 78408 2. Partnership 8 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named `'firm.' ]►f me Job Title and City Department (if known) i 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," 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 74 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/4" Consultant EXHIBIT "D" Pape 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you 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 inthe 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 1 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: Don R. Rokohl, P. E. Title: Branch Manager IT) pt or Print} Signature of Certifying Person: Date: 4 3 . 19 - 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. c. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2of2 Corpus chr sti Capital Programs Groundwater Monitoring and Related Services — Cefe Valenzuela Landfill Council Presentation September 9, 2014 Project Scope c4) Corpus Chr sti Capital Programs FM 20 CEFE F. VALENZUELA MUNICIPAL LANDFILL F.M. 14 LOCATION MAW NOT TN 'GALE • Semiannual detection monitoring of the 30 monitoring wells • Verification re -sampling for wells with Statistically Significant Increases (SSI) over background limits • Evaluation of data, identification and reporting of SSIs • Preparation and Submittal of Annual report to TCEQ. dO.'fa Project Schedule Corpus Chrsti Capital Programs Field Sampling Events: November 2014 and May 2015 Annual Report: April 2015 Project Budget Corpus Chr sti Capital Programs PROJECT FUNDS AVAILABLE: Operating Budget FY2014-2015 $ 150,000.00 TOTAL 150,000.00 FUNDS REQUIRED: Construction (preliminary estimate) N/A Contingency N/A Engineering Fees: Engineering - Tolunay-Wong Engineers, Inc 138,280.00 Materials Testing (Additional Services) N/A Reimbursements: 11,720.00 TOTAL $ 150,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 9, 2014 Second Reading Ordinance for the City Council Meeting of September 16, 2014 DATE: August 5, 2014 TO: Ronald L. Olson, City Manager FROM: Alyssa Barrera, Business Liaison — City Manager's Office AlyssaB@cctexas.com (361) 826-3356 Resolution authorizing the City Manager or designee to amend the Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District to align with the City's new fiscal year. CAPTION: Resolution authorizing the City Manager or designee to amend the Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District to align with the City's new fiscal year. PURPOSE: The purpose of this item is to update the Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District to align with the City's new fiscal year. BACKGROUND AND FINDINGS: On February 2012, Council approved a motion authorizing the City Manager to enter into an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District for an automatically renewing one year term. ALTERNATIVES: The alternative was to not change the agreement's Fiscal Year. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Comments: Financial considerations were included in the action taken by Council in April 2014, which added the equivalent of two months revenues and expenditures to the FY 2014 Operating Budget. RECOMMENDATION: Staff recommends approval of the motion to execute an amended consulting Services Agreement. LIST OF SUPPORTING DOCUMENTS: Resolution — Amendment to DMD Agreement Amendment to DMD Agreement Resolution authorizing the City Manager to execute Amendment No. 1 to the Interlocal Cooperation Agreement with the Downtown Management District to align the agreement with the new fiscal year. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager, or his designee, is authorized to execute Amendment No. 1 to the Interlocal Cooperation Agreement between the City of Corpus Christi and the Corpus Christi Downtown Management District in order to align the agreement with the City's new fiscal year to begin October 1 and end September 30 annually. A copy of the executed amendment will be placed on file in the office of the City Secretary. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of , 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AMENDMENT NO. 1 TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT TO ENCOURAGE THE REDEVELOPMENT OF DOWNTOWN CORPUS CHRISTI ("THE AGREEMENT") WHEREAS, the City has adjusted its fiscal year effective October 1, 2014 to run October 1 through September 30 each year. NOW, THEREFORE, the City of Corpus Christi (the City) and the Corpus Christi Downtown Management District ("District") agree to amend the Agreement as follows: 1. Section III Financial Requirements is amended by adding new subsection 3.2e as follows: "e. In consideration for the District's performance under the Agreement for the period of August 1, 2014 through September 30, 2014, the City agrees to pay the District the sum of $21,167.00. Thereafter the City fiscal year runs October 1 through September 30." 2. Section 6.5 Term of Agreement is amended by adding new subsection d to read as follows: "d. The term ending July 31,2014 is extended to September 30, 2014. Thereafter, the annual term of the Agreement is adjusted to run October 1 through September 30." 3. All other terms and conditions of the Agreement remain in effect. 4. This Amendment No. 1 takes effect on date of last signature. AGREED TO BY: CORPUS CHRISTI NTOWN�M�ANAGEMENT DISTRICT BY: l 1/1%-‘ t''O'[%�„l , NAME: 1trr 5Z1 etiN TITLE: t.xrc u ,V pec DATE: Page I of 2 DMD Amendment CITY OF CORPUS CHRISTI BY: NAME: TITLE: DATE: Approved as to form: 30 �o 14-f By: Lisa Aguilar, A-.tant City Attorney For the City Atte ey Page 2 of 2 DMD Amendment AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 9, 2014 Second Reading Ordinance for the City Council Meeting of September 16, 2014 DATE: August 11, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Accepting and appropriating the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $168,613 for the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $168,613 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $5,204,390 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, automated ticket writers, and other police equipment. The Police Department and Nueces County proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. On May 20, 2014, City Council approved the grant application and an interlocal agreement with Nueces County to share the funds on a 50/50 basis. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $168,613 $168,613 BALANCE $168,613 $168,613 Fund(s): Police Grants Fund Comments: There is no match required by the City. The City will pay Nueces County a total of 50% or $84,306 of the JAG funds received from this award, per the interlocal agreement. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $168,613 for the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $168,613 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. BE IT ORDAINED 13Y 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 U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $ 168,613 for the FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. That $ 168,613 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, 50% of the funds are to be distributed to Nueces County. 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 Ai LEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs August 6, 2014 Mr. Ronald L. Olson City of Corpus Christi P.O. Box 9277 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Olson: Washington, D.C. 20531 On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local in the amount of $168,613 for City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Carrie Booth, Program Manager at (202) 305-7426; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr August 6, 2014 Mr. Ronald L. Olson City of Corpus Christi P.O. Box 9277 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Olson: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal fbo.htm. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Meeting the ESOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst fnTOF� Depail�nent of Justice oj Office of Justice Programs o (s 11 . \r,W Ie�ob e r Bureau of Justice Assistance p,•� ✓Ugp�CEe/ Grant PAGE 1 OF 7 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi P.O. Box 9277 1201 Leopard Street Corpus Christi, TX 78401 4. AWARD NUMBER: 2014 -DJ -BX -0826 5. PROJECT PERIOD: FROM 10/01/2013 TO 09/30/2017 BUDGET PERIOD: FROM 10/01/2013 TO 09/30/2017 6. AWARD DATE 08/06/2014 7. ACTION 1A. GRANTEE IRS/VENDORNO. 746000576 8. SUPPLEMENT NUMBER 00 Initial 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE 2014 Edward Byrne Memorial Justice Assistance (JAG) Program 10. AMOUNT OF THIS AWARD $ 168,613 11. TOTAL AWARD $ 168,613 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY14(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Ronald L. Olson City Manager 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCALYFUNDC BUD.A OFC. DIV.RE SUB. PDMS AMOUNT EAR ODE CT. G. X B DJ 80 00 00 168613 21. NDJUGT0530 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATIONSHEET Grant PAGE 2 OF 7 PROJECT NUMBER 2014 -DJ -BX -0826 AWARD DATE 08/06/2014 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATIONSHEET Grant PAGE 3 OF 7 PROJECT NUMBER 2014 -DJ -BX -0826 AWARD DATE 08/06/2014 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Depth lment encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available in the OJP Financial Guide Conference Cost Chapter. 11. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 14. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 15. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATIONSHEET Grant PAGE 4 OF 7 PROJECT NUMBER 2014 -DJ -BX -0826 AWARD DATE 08/06/2014 SPECIAL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 17. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. 18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 19. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOD's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gspgrantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 20. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to the Office of Justice Programs at the time of closeout. 21. JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 22. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATIONSHEET Grant PAGE 5 OF 7 PROJECT NUMBER 2014 -DJ -BX -0826 AWARD DATE 08/06/2014 SPECIAL CONDITIONS 23. Ballistic -resistant and stab -resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, ballistic -resistant and stab -resistant body armor purchased must be American- made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. 24. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 25. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 26. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATIONSHEET Grant PAGE 6 OF 7 PROJECT NUMBER 2014 -DJ -BX -0826 AWARD DATE 08/06/2014 SPECIAL CONDITIONS 27. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Depth ent of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equalf bo.htm. 28. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 29. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 32. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 33. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Departments responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 34. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATIONSHEET Grant PAGE 7 OF 7 PROJECT NUMBER 2014 -DJ -BX -0826 AWARD DATE 08/06/2014 SPECIAL CONDITIONS 35. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 36. No JAG funds may be expended on the purchase of unmanned aircraft, unmanned aircraft systems or unmanned aerial vehicles (UA/UAS/UAV), unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Any state or local jurisdiction receiving BJA approval to utilize JAG funds for this type of purchase must certify to DOJ that it received Federal Aviation Administration (FAA) approval to operate a UA/UAS/UAV and that it is legal to operate a UA/UAS/UAV in the proposed jurisdiction or geographic area. The recipient must submit a statement on the goals and objectives for the use of a UA/UAS/UAV, the anticipated specific uses, and policy regarding privacy considerations. BJA may require additional reporting requirements that will be stipulated post award. 37. BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau ofJusticeAssistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice C���NT Of ✓G� Office of Justice Programs o - T 5 * . � Bureau of Justice Assistance „\e STICGQ ' GRANT MANAGER'S MEMORANDUM,PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2014 -DJ -BX -0826 PAGE 1 OF 1 This project is supported under FY14(BJA - JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) Carrie Booth (202) 305-7426 2. PROJECT DIRECTOR (Name, address & telephone number) Pat Eldridge Management Services Director P. O.Box 9277 Corpus Christi, TX 78469-9016 (361) 886-2696 3a. TITLE OF THE PROGRAM BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT 2014 Edward Byrne Memorial Justice Assistance (JAG) Program 5. NAME & ADDRESS OF GRANTEE City of Corpus Christi P.O. Box 9277 1201 Leopard Street Corpus Christi, TX 78401 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2013 TO: 09/30/2017 8. BUDGET PERIOD FROM: 10/01/2013 TO: 09/30/2017 9. AMOUNT OF AWARD $ 168,613 10. DATE OF AWARD 08/06/2014 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The city of Corpus Christi will utilize the FY 2014 Local JAG funds to purchase various law enforcement equipment. Specifically, the police department plans to purchase items such as: evidence storage equipment for narcotics, FTO and training records software, LRAD system (loud hailing device), computer software and OJP FORM 4000/2 (REV. 4-88) hardware, and command boards for supervisors' vehicles. Nueces County will fund a prosecutor position and pay for travel and training costs. The goal of both jurisdictions is to improve the effectiveness and efficiency of the criminal justice system through the preservation of a drug abuse prosecutor, law enforcement equipment, and officer training. NCA/NCF AGENDA MEMORANDUM First Reading for the City Council Meeting of September 9, 2014 Second Reading for the City Council Meeting of September 16, 2014 DATE: 8/18/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department MichaelMo@cctexas.com, 361-826-3494 Senior Companion Program (SCP) grant award for FY14-15 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program with a City match of $76,903; and appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds that must be appropriated each year. This award is year two of a three year contract with the corporation for National and Community Service in the amount of $264,007. The $76,903 City match for this program is included in the FY15 proposed budget and will be appropriated at a later date. The Senior Companion Program (SCP) assists low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 264,007 $264,007 Encumbered / Expended Amount This item $ 264,007 $264,007 BALANCE $ 264,007 $264,007 Fund(s): Parks and Recreation Grant Fund Comments: Federal grant for FY14-15. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program with a City match of $76,903; and appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion 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 a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program with a City match of $76,903; SECTION 2. That $264,007 is appropriated in the No. 1067 Parks and Recreation Grants Fund to continue the Senior Companion Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Award Information Agreement No.: 13SCWTX001 Project Period: 07/01/2013 - 06/30/2016 Amendment No.: 1 Budget Period: 07/01/2014 - 06/30/2015 CFDA No.: 94.016 Grant Year: 2 Award Description Authorize FY2014 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Year 2 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $264,007 $264,007 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $264,007 $264,007 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $264,007 5528,014 Funding Source and Amount 2014 --OPE 1-P 77 -OPO -22413-4101 $264,007.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 10/23/12. Grantee shall prepare a Project Progress Report semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2014 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https://egrants.cns.gov/termsandconditions/FGPSCPTandC_Revised20131204.pdf, all assurances and certifications made in the grant application, and all applicable federal statutes, regulations and guidelines. The grantee agrees to administer the funded Page 1 For Official Use Only For Official Use Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Program in accordance with the approved grant application and budget(s), supporting documents, and other representations made in support of the approved grant application. Corporation for National and Community Service: 06/03/2014 Signature Date Lennette B. White Name (typed) Senior Grants Officer Title Lennette B. White, 215-964-6309 Grants Official Benjamin Alamprese, 512-391-2944 Program Official Page 2 For Official Use Only AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 9, 2014 Second Reading Ordinance for the City Council Meeting of September 16, 2014 DATE: August 18, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 FY14 Elderly Nutrition Program (ENP) Grant Final Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $427,397 final 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. Council appropriated the first installment of grant funds in the amount of $219,808 in April of 2014. Total funding for the FY14 Elderly Nutrition Program (ENP) Grant FY14 is $647,205. 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 Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $ 427,397 $ 427,397 BALANCE $ 427,397 $ 427,397 FUND(S): The revenue from this reimbursement program is budgeted in the Parks & Recreation Grant Fund 1067; Project/Grant 810814. Comments: N/A 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 $427,397 final 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 $427,397 final 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 , 2014, 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 City Secretary Nelda Martinez Mayor COASTAL BEND resource :, Center Adownw Area Agency on ging OF7NLECa=SUAL WM 1 COASTAL BEND COUNCIL OF GOVERNMENTS July 18, 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 Available) for FY2014 Dear Ms. Munoz: Enclosed is your third allocation of funds for FY2014, reflecting year-to-date funds awarded through July 18, 2014. These funds are provided under the Title III of the Older Americans Act of 1965, as amended. This is anticipated to be your final award for FY2014. If you have any questions about the enclosure, please call the office or send your inquiry by email. Sincerely, Betty Lam i, Director Area Agency on Aging enclosure AarMigOorl'ar. WNiFNFY14tCdCC NFA3 L3 7.1&1+ cc: Aldilia Saldivar Finance - Federal Grants LOCATION: 2910 LEOPARD STREET; CORPUS CHIRSTI, TEXAS 78408 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI, TEXAS 78469 www.aaacoastaiben d,org PHONE: (361) 883-3935 TOLL FREE' 1-800.817-5743 FAX- (361) 883-5749 The Area Agency an 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: Ms. Elsa Munoz, Superintendent City of Corpus Christi Parks & Recreation Department Senior Community Services I Post Office Box 9277 Corpus Christi, Texas 78469 Date: July 18, 2014 CONTRACT PERIOD: 10/01/2013 - 09/30/2014 CONTRACT NUMBER: AA3- i 148-4 AWARD ISSUANCE NUMBER: 3 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. PR - CONGREGATE MEALS I11-CI/SGR/N51P Prior Con ,; ` Award- .: $107,361 $128,440 $ 66,512 $302,313 HOME DELIVERED MEALS [II C2/SGR/NSIP $107,004 $170,606 $ 52,661 $330,271 SUPPORTIVE SERVICES III -B $ 5,443 $ 9,178 $ - 0 - $ 14,621 TOTAL AWARD $219,808 $308,224 $119,173 $647,205 (1) This award represents final anticipated funding for FY14 based on funds awarded to CBCOG-AAA through July 18, 2014. �6hn P. Buckner, Executive Director Coastal Bend Council of Governments AchTInAssICncIAAAfyen Coni Yt4INrAICefee 1000 l is is cc. .tldilia Saldd+'ar Finance - Federal Grants AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 9, 2014 Second Reading Ordinance for the City Council Meeting of September 16, 2014 DATE: 9/18/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department MichaelMo@cctexas.com, 361-826-3494 Retired Senior Volunteer Program (RSVP) grant award for FY14-15 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $47,934.00 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $47,934.00 grant in the No. 1067 Parks and Recreation Grants Fund. PURPOSE: Appropriation of grant funding to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service. The amount of $47,934 is the States portion of the three year contract. No need for additional local match for this portion. The RSVP program Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During a previous grant period (7/01/2014-6/30/15) and fiscal year 2014-2015, 433 enrolled volunteers contributed 47,000 hours through 40+ different non-profit organizations like the, The Women's Shelter, Corpus Christi Food Bank, Deaf & Hard of Hearing Center, KEDT TV, Corpus Christi Metro Ministries, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapter. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $47,934.00 $47,934.00 Encumbered / Expended Amount This item $47,934.00 $47,934.00 BALANCE $47,934.00 $47,934.00 Fund(s): Parks and Recreation Grant Fund Comments: Federal grant for 2014-2015 RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an $47,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $47,934 grant in the No.1067 Parks and Recreation Grants Fund Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $47,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. Section 2. That $47,934 grant from the Corporation for National and Community Service is appropriated into the No. 1067 Parks and Recreation Grants Fund for the Retired Senior Volunteer Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Retired and Senior Volunteer Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Carpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Award Information Agreement No.: 14SRWTX004 Project Period: Amendment No.: 1 Budget Period: CFDA No.: 94.002 Grant Year: Award Description 07/01/2014 - 06/30/2017 07/01/2014 - 06/30/2015 1 This award includes a one-time augmentation of $2500.00 to support training and technical assistance activities or other one time increase in approved budget line items. Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic and Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22). Funding Information Year 1 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $45,434 $2,500 $47,934 Grantee's Unobligated Balance (Carryover) so $0 $0 Total Available 545,434 52,500 547,934 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $45,434 $47,934 Funding Source and Amount 2014 --OPE l -P74-OPO-22413-4101 $2,500.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 9/10/13. The grantee shall be entitled to reimbursement for costs incurred 011 or after July 1, 2014 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https://egrants.cns.gov/termsandconditions/RSVPTandC_Revised20140114.pdfall assurances and certifications made in the grant application, and all applicable federal statutes, regulations and guidelines. The grantee agrees to administer the funded Program in accordance with the approved grant application and budget(s), supporting documents, and other representations made in support of the approved grant application. Page 1 For Official Use Only Notice of Grant Award Retired and Senior Volunteer Program Grantee For Official Use Only 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 City of Corpus Christi ETN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Corporation for National and Community Service: 07/29/2014 Signature Date Ben Stoltenberg Name (typed) Senior Grants Officer Title Lame -tie B. White, 215-964-6309 Grants Official Benjamin Alarnprese, 512-391-2944 Program Official Page 2 For Official Use Only AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 9, 2014 Second Reading Ordinance for the City Council Meeting of September 16, 2014 DATE: August 19, 2014 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361-826-7205 Accepting a Continued Services "Bundle" Grant from the Department of State Health Services and appropriating funds to include: I DCU/FLU-LAB Infectious Disease Control/FLU-LAB, CPS/LRN-PHEP CPS- Laboratory Response Network-PHEP, RLSS/LPHS RLSS/Local Public Health System-PnP, IMM/LOCALS Immunization Branch Locals, TB/PC-STATE Tuberculosis Prevention and Control -State, TB/PC-FEDERAL Tuberculosis Prevention and Control -Federal CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a total grant amount of $722,821 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services for the contract period of September 1, 2014 through August 31, 2015; and to ratify acceptance of the grants to begin as of September 1, 2014. PURPOSE: The bundled grants are to continue to provide services in the Health District Laboratory, TB Clinic, Immunizations Clinic as well as conducting flu surveillances and Public Health Preparedness for the community. The RLSS grant allows the Health District to work on infrastructure to maintain these clinics. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a total grant amount of $722,821 to provide funding for public health services beginning September 1, 2014 through August 31, 2015 to fund personnel, fringe benefits and supplies to support the pro vi s i o n of e s s e n t i a l public health services including Tuberculosis Prevention, Immunizations, Laboratory Services and Public Health Emergency Preparedness. The total dollar amount per grant is a follows: IDCU/FLU-LAB Infectious Disease Control Unit -$5,000, CPS/LRN-PHEP La bo r a t o ry Res p o n se Network -PHEP S e c t i on -$201,123, RLSS/LPHS RLSS/Local Public Health System -PnP- $164,368, IMMILOCALS Immunization Branch -$241,637, TB/PC-STATE Tuberculosis Prevention and Control -State -$62,173, TB/PC-FEDERAL Tuberculosis Prevention and Control -Federal -$48, 520. ALTERNATIVES: To discontinue clinical services at the Corpus Christi-Nueces County Public Health District. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance -Federal Grant and Office of Management and Budget. FINANCIAL IMPACT: x Operating o Revenue o Capital o Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $722,821 $722,821 BALANCE $722,821 $722,821 Fund(s): Health Grants 1066 Comments: CPS -Laboratory Response Network, TB/PC- Tuberculosis Prevention and Control -Federal, and TB/PC- Tuberculosis Prevention and Control -State require a 10% in-kind match, all others no match required. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2015-001102-00 I DCU/FLU-LAB Contract No. 2015-001139-00 CPS/LRN-PHEP Contract No. 2015-000023-00 RLSS/LPHS-PnP Contract No. 2015-000014-00 IMM/LOCALS Contract No. 2015-001398-00 TB/PC-STATE Contract No. 2015-002508-00 TB/PC-FED Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a total grant amount of $722,821 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services for the contract period of September 1, 2014 through August 31, 2015; and to ratify acceptance of the grants to begin as of September 1, 2014. 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 total grant amount of $722,821 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2014 through August 31, 2015, to provide continued clinical services: (1) $5,000 (Contract #2015-001102-00) for the IDCU/FLU-LAB Infectious Disease Control Unit/FLU-LAB; (2) $201,123 (Contract #2015-001139-00) for the CPS/LRN-PHEP CPS -LABORATORY RESPONSE NETWORK-PHEP; (3) $164,368 (Contract #2015-000023-00) for the RLSS/LPHS RLSS/Local Public Health System-PnP; (4) $241,637 (Contract #2015-000014-00) for the IMM/LOCALS Immunization Branch -Locals; (5) $62,173 (Contract #2015-001398-00) for the TB/PC-STATE Tuberculosis Prevention and Control -State; and (6) $48,520 (Contract #2015-002508-00) for the TB/PC-FED Tuberculosis Prevention and Control -Federal. Section 2: Further the City Council ratifies acceptance of the grants to begin as of September 1, 2014. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, 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 day of , 2014. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Fiscal Year 2015 Department of State Health Services Contract General Provisions (Core/Subrecipient) Contents ARTICLE I Section 1.01 Section 1.02 ARTICLE II Section 2.01 Section 2.02 Section 2.03 Section 2.04 Section 2.05 Section 2.06 Section 2.07 Section 2.08 Section 2.09 Section 2.10 Section 2.11 Section 2.12 Section 2.13 ARTICLE III Section 3.01 Section 3.02 Section 3.03 Section 3.04 Section 3.05 Section 3.06 Section 3.07 ARTICLE IV Section 4.01 Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 ARTICLE V Section 5.01 Section 5.02 CONTRACT COMPONENTS; ORDER OF PRECEDENCE 5 Contract Components 5 Order of Precedence. 5 COMPLIANCE AND REPORTING 5 Compliance with General Provisions, Statutes and Rules. 5 Compliance with Requirements of Solicitation Document. 5 Reporting. 6 Client Financial Eligibility. 6 Applicable Contracts Law and Venue for Disputes 6 Applicable Laws and Regulations Regarding Funding Sources. 6 Statutes and Standards of General Applicability. 6 Applicability of General Provisions to Interagency and Interlocal Contracts. 8 Civil Rights Policies and Complaints. 9 Licenses, Certifications, Permits, Registrations and Approvals 9 Funding Obligation. 10 Whistleblower Protection. 10 Federal Assistance Identification Number. 10 S ERVICES 10 Education to Persons in Residential Facilities 10 Disaster Services 10 Consent to Medical Care of a Minor 11 Telemedicine Medical Services. 11 Fees for Personal Health Services. 11 Cost Effective Purchasing of Medications. 11 Services and Information for Persons with Limited English Proficiency12 FUNDING 12 Debt to State and Corporate Status. 12 Application of Payment Due. 12 Use of Funds. 12 Use for Match Prohibited. 12 Program Income 13 Nonsupplanting. 13 PAYMENT METHODS AND RESTRICTIONS 13 Payment Methods 13 Billing Submission 13 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 1 Section 5.03 Section 5.04 Section 5.05 Section 5.06 ARTICLE VI Section 6.01 Section 6.02 Section 6.03 Section 6.04 Section 6.05 ARTICLE VII Section 7.01 Section 7.02 Section 7.03 ARTICLE VIII Section 8.01 Section 8.02 Section 8.03 Section 8.04 Section 8.05 Section 9.01 ARTICLE X Section 10.01 ARTICLE XI Section 11.01 Section 11.02 Section 11.03 Section 12.01 Section 12.02 Section 12.03 Section 12.04 Section 12.05 Section 12.06 Section 12.07 Section 12.08 Section 12.09 ARTICLE XIII Section 13.01 Section 13.02 Section 13.03 Section 13.04 Section 13.05 Final Billing Submission 14 Working Capital Advance 14 Financial Status Reports (FSRs) 14 Third Party Payors. 14 TERMS AND CONDITIONS OF PAYMENT 15 Prompt Payment. 15 Department Review. 15 Withholding Payments. 15 Condition Precedent to Requesting Payment 15 Acceptance as Payment in Full. 15 ALLOWABLE COSTS AND AUDIT REQUIREMENTS 16 Allowable Costs. 16 Independent Single or Program -Specific Audit. 17 Submission of Audit 17 CONFIDENTIALITY 18 Maintenance of Confidentiality 18 Department Access to PHI and Other Confidential Information. 18 Exchange of Client -Identifying Information. 18 Security of Patient or Client Records 18 HIV/AIDS Model Workplace Guidelines. 19 Texas Public Information Act 19 RECORDS RETENTION 19 Retention. 19 ACCESS, INSPECTION AND AUDIT OF RECORDS 19 Access and Inspection. 19 State Auditor's Office. 20 Responding to Deficiencies 20 Child Abuse Reporting Requirement 20 Significant Incidents. 21 Litigation 21 Contract or License Action Against the Contractor 21 Insolvency. 21 Misuse of Funds and Performance Malfeasance 22 Criminal Activity and Disciplinary Action 22 Retaliation Prohibited. 22 Documentation. 23 ASSURANCES AND CERTIFICATIONS 23 Certification 23 Child Support Delinquencies. 24 Authorization 24 Gifts and Benefits Prohibited 24 Ineligibility to Receive the Contract 24 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 2 Section 13.06 Antitrust 25 Section 13.07 Initiation and Completion of Work. 25 ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR 25 Section 14.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. 25 Section 14.02 Management and Control Systems 25 Section 14.03 Insurance. 26 Section 14.04 Fidelity Bond. 26 Section 14.05 Liability Coverage 26 Section 14.06 Overtime Compensation 27 Section 14.07 Program Site 27 Section 14.08 Cost Allocation Plan. 27 Section 14.09 No Endorsement 27 Section 14.10 Historically Underutilized Businesses (HUBs). 28 Section 14.11 Buy Texas 28 Section 14.12 Contracts with Subrecipient and Vendor Subcontractors 28 Section 14.13 Status of Subcontractors. 29 Section 14.14 Incorporation of Terms in Subrecipient Subcontracts 29 Section 14.15 Independent Contractor. 29 Section 14.16 Authority to Bind. 30 Section 14.17 Tax Liability. 30 Section 14.18 Notice of Organizational Change. 30 Section 14.19 Quality Management. 30 Section 14.20 Equipment. 30 Section 14.21 Supplies. 30 Section 14.22 Changes to Equipment List 31 Section 14.23 Property Inventory and Protection of Assets. 31 Section 14.24 Bankruptcy. 31 Section 14.25 Title to Property. 31 Section 14.26 Property Acquisitions. 32 Section 14.27 Disposition of Property. 32 Section 14.28 Closeout of Equipment. 32 Section 14.29 Assets as Collateral Prohibited. 32 ARTICLE XV GENERAL TERMS 32 Section 15.01 Assignment 32 Section 15.02 Lobbying. 33 Section 15.03 Conflict of Interest. 33 Section 15.04 Transactions Between Related Parties 34 Section 15.05 Intellectual Property. 34 Section 15.06 Other Intangible Property. 35 Section 15.07 Severability and Ambiguity. 35 Section 15.08 Legal Notice. A 35 Section 15.09 Successors. 35 Section 15.10 Headings 36 Section 15.11 Parties 36 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 3 Section 15.12 Section 15.13 Section 15.14 Section 15.15 Section 15.16 Section 15.17 Section 15.18 Section 15.19 Section 15.20 Section 15.21 Section 15.22 Section 15.23 Section 15.24 ARTICLE XVI Section 16.03 Section 16.04 ARTICLE XVII Section 17.01 Section 17.02 Section 17.03 Section 17.04 Section 17.05 ARTICLE XVIII Section 18.01 Section 18.02 Section 18.03 Section 18.04 Section 18.05 Section 18.06 ARTICLE XIX Section 19.01 Section 19.02 Section 19.03 ARTICLE XX Section 20.01 Section 20.02 Section 20.03 Section 20.04 Section 20.05 Survivability of Terms. 36 Direct Operation. 36 Customer Service Information. 36 Amendment. 36 Contractor's Notification of Change to Certain Contract Provisions. 37 Contractor's Request for Revision of Certain Contract Provisions. 37 Immunity Not Waived. 38 Hold Harmless and Indemnification. 38 Waiver. 38 Electronic and Information Resources Accessibility and Security Standards. 38 Force Majeure. 40 Interim Contracts 40 Cooperation and Communication. 41 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 41 Notice of Remedies or Sanctions 42 Emergency Action. 42 CLAIMS AGAINST THE DEPARTMENT 43 Breach of Contract Claim. 43 Notice 43 Sole Remedy. 43 Condition Precedent to Suit. 43 Performance Not Suspended 43 TERMINATION AND TEMPORARY SUSPENSION 44 Expiration of Contract or Program Attachment(s). 44 Effect of Termination. 44 Acts Not Constituting Termination. 44 Termination or Temporary Suspension Without Cause 44 Termination For Cause. 45 Notice of Termination 46 VOID, SUSPENDED, AND TERMINATED CONTRACTS 46 Void Contracts. 46 Effect of Void, Suspended, or Involuntarily Terminated Contract. 46 Appeals Rights 47 CLOSEOUT 47 Cessation of Services At Closeout 47 Administrative Offset. 47 Deadline for Closeout. 47 Payment of Refunds 47 Disallowances and Adjustments. 48 General Provisions (Core Subrecipient) 2015 (Month Day, Year) 4 ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a) the Core Contract and the Program Attachment(s) or statements of work, including all attachments, b) addenda or amendments thereto and these General Provisions; c) the solicitation document, including all attachments, addenda or amendments thereto; and d) the response, proposal or application submitted by Contractor in response to the solicitation document. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict will be resolved in the above order of priority. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance with General Provisions, Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s) to comply, with these General Provisions, the requirements of the Department's rules of general applicability and other applicable state and federal statutes, regulations, rules, and executive orders, as such statutes, regulations, rules, and executive orders currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code, Title 25 (Rules). To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract will control. Contractor further agrees that, upon notification from DSHS, Contractor shall comply with the terms of any contract provisions DSHS is required to include in its contracts under legislation effective at the time of the effective date of this Contract or during the term of this Contract. Section 2.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document, if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 5 Section 2.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment and/or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Section 2.04 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 2.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, this Contract will be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit will be Travis County, Texas. Section 2.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http://www.dshs.state.tx.us/contracts/links shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements §.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http://www.dshs.state.tx.us/contracts/links shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a) the following statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1) General Provisions (Core Subrecipient) 2015 (Month Day, Year) 6 Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq.; 2) Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4) the Americans with Disabilities Act of 1990, 42 USC §§12101 et seq.; 5) Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC § 200 et seq.; 11) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 12) Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 13) Public Health Service Act of 1912, §§523 and 527, 42 USC § 290dd-2, and 42 CFR Part 2, relating to confidentiality of alcohol and drug abuse patient records; 14) Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 15) DSHS Policy AA -5018, Non- discrimination Policy for DSHS Programs; b) Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c) Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d) National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (PL 93-348 and PL 103-43), regarding human subjects involved in research; e) Hatch Political Activity Act, 5 USC §§1501-1508 and 7324-28, which limits the political activity of employees whose employment is funded with federal funds; f) Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons with disabilities; h) Texas Workers' Compensation Act, Tex. Lab. Code Chapters 401-406 and 28 Tex. Admin. Code Part 2, regarding compensation for employees' injuries; i) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j) The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin. Code Chapter 96 regarding safety standards for handling blood borne pathogens; k) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1) environmental standards pursuant to the following: 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93- 234); 5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6) Federal Water Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9) General Provisions (Core Subrecipient) 2015 (Month Day, Year) 7 Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§7401 et seq.; 10) Wild and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.) related to protecting certain rivers system; and 11) Lead -Based Paint Poisoning Prevention Act (42 USC §§ 4801 et seq.) prohibiting the use of lead-based paint in residential construction or rehabilitation; m) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763) regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration (5 CFR Part 900, Subpart F); n) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; o) Davis -Bacon Act (40 USC §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC §§ 327-333), regarding labor standards for federally -assisted construction subagreements; p) National Historic Preservation Act of 1966, §106 (16 USC § 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; q) financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations;" r) Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); s) Executive Order, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of the Contract; t) Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and u) requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. If this Contract is funded by a federal grant or cooperative agreement, Contractor shall, and shall cause its subcontractors to, comply with additional state or federal requirements found in the Notice of Grant Award and incorporated herein by reference. Contractor may obtain a copy of any applicable Notice of Grant Award from the contract manager assigned to the Program Attachment. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions will not apply to Contractors that are State agencies or units of local government; and certain additional provisions will apply to such Contractors. a) The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: 1) Hold Harmless and Indemnification, Section 13.19; 2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies); 3) Insurance, Section 12.03; 4) Liability Coverage, Section 12.05; 5) Fidelity Bond, Section 12.04; 6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity); 7) Debt to State and Corporate Status, Section 3.01; 8) Application of Payment Due, Section 3.02; and 9) Article XV Claims against the Department (This Article is inapplicable to interagency contracts only). General Provisions (Core Subrecipient) 2015 (Month Day, Year) 8 b) The following additional provisions will apply to interagency contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771; 2) The Parties hereby certify that (1) the services specified are necessary and essential for the activities that are properly within the statutory functions and programs of the affected agencies of State government; (2) the proposed arrangements serve the interest of efficient and economical administration of the State government; and (3) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder; and 3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health & Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. c) The following additional provisions will apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Tex. Gov. Code Chapter 791; 2) Payments made by DSHS to Contractor will be from current revenues available to DSHS; and 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests (pursuant to the Contractor's Request for Revision to Certain Contract Provisions section), when signed by a duly authorized representative of Contractor, will be effective as of the effective date specified by the Department, whether that date is prior to or after the date of any ratification by Contractor's governing body. Section 2.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten (10) calendar days after Contractor's receipt of the claim. Notice must be directed to — Civil Rights Office Health and Human Services Commission 701 W. 51st St., Mail Code W206 Austin, Texas 78751 (888) 388-6332 or (512) 438-4313 TTY Toll-free (877) 432-7232 HHSCivilRightsOffice@hhsc.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 9 Section 2.11 Funding Obligation. This Contract is contingent upon the availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction will include instructions and detailed information on how DSHS will fund the services and/or goods to be procured with the restricted or reduced funds. Section 1.03 Section 2.12 Whistleblower Protection. Contractor shall include the Whistleblower Protection Enhancement Act and Texas Whistleblower Act protections to grantees, their subgrantees and subcontractors and Contractor must inform its employees of whistleblower rights and remedies. Section 1.04 Section 2.13 Federal Assistance Identification Number. Contractor shall include the Federal Assistance Identification Number (FAIN) on each subaward under a Federal award to enable reporting of expenditures according to the FAIN. As a condition of the award, Federal agencies require that all recipients document the assigned FAIN on each subaward under the Federal award. ARTICLE III S ERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and who are twenty-two (22) years of age or younger, have access to educational services as required by Tex. Educ. Code § 29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not later than the third calendar day after the date a person who is twenty-two (22) years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or as a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: community evacuation; health and medical assistance; assessment of health and medical needs; health surveillance; medical care personnel; health and medical equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug, and medical device safety; worker health and safety; mental health and substance abuse; public health information; vector control and veterinary services; and victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, be cost-effective, and be least intrusive on Contractor's primary services. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 10 Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Tex. Fam. Code Chapter 32, relating to consent to treatment of a child by a non -parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex. Fam. Code Chapter 32, federal law supersedes state law. Section 3.04 Telemedicine Medical Services. Contractor shall ensure that if Contractor or its subcontractor uses telemedicine/telepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: a) clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e) use by credentialed licensed providers providing clinical care within the scope of their licenses; f) demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule § 448.911. Section 3.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health & Safety Code § 12.032, DSHS Rule §1.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee must not exceed the actual cost of providing the services. No client may be denied a service due to inability to pay. Any charges assessed to individuals for screenings must be accounted for as Program Income in accordance with the DSHS Contractor's Financial Procedure Manual. Section 3.06 Cost Effective Purchasing of Medications. If medications are funded under this Contract, Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 11 Section 3.07 Services and Information for Persons with Limited English Proficiency. Contractor shall take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. Contractor shall make every effort to avoid use of any persons under the age of eighteen (18) or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). Contractor, if a corporation, further certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. Section 4.03 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 4.04 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 12 Section 4.05 Program Income. Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in UGMS § .25(g)(2), for the use of program income to further the program objectives of the state or federal statute under which the Program Attachment was made, and Contractor shall spend the program income on the same Program Attachment project in which it was generated. Contractor shall identify and report this income in accordance with the Compliance and Reporting Article of these General Provisions, the Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts/cfpm.shtm and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 4.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of the Program Attachment(s), the payment method for each Program Attachment will be one of the following methods: a) cost reimbursement. This payment method is based on an approved budget in the Program Attachment(s) and acceptable submission of a request for reimbursement; or b) unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service, as stated in the Program Attachment(s) and acceptable submission of all required documentation, forms and/or reports. Section 5.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 13 Section 5.03 Final Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than forty-five (45) calendar days following the end of the term of the Program Attachment for goods received and services rendered during the term. If necessary to meet this deadline, Contractor may submit reimbursement or payment requests by facsimile transmission. Reimbursement or payment requests received in DSHS's offices more than forty-five (45) calendar days following the end of the applicable term will not be paid. Consideration of requests for an exception will be made on a case-by-case basis, subject to the availability of funding, and only for an extenuating circumstance, such as a catastrophic event, natural disaster, or criminal activity that substantially interferes with normal business operations or causes damage or destruction of a place of business and/or records. A written statement describing the extenuating circumstance and the last request for reimbursement must be submitted for review and approval to the DSHS Accounting Section. Section 5.04 Working Capital Advance. If allowed under this Contract, a single one-time working capital advance per term of the Program Attachment may be granted at the Department's discretion. Contractor must submit documentation to the contract manager assigned to the Program Attachment to justify the need for a working capital advance. Contractor shall liquidate the working capital advance as directed by the Department. The requirements for the documentation justifying the need for an advance and the directions for liquidating the advance are found in the Contractor's Financial Procedures Manual located at http://www.dshs.state.bcus/contracts/cfpm.shtm. Section 5.05 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. Contractor shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. Section 5.06 Third Party Payors. A third party payor is any person or entity who has the legal responsibility for paying for all or part of the services provided. Third party payors include, but are not limited to, commercial health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill the Department for services eligible for reimbursement from third party payors. Contractor shall (a) enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs, and bill those programs for the covered services; (b) provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c) allow clients who are General Provisions (Core Subrecipient) 2015 (Month Day, Year) 14 otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; (d) not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted, in which case the thirty (30) -day requirement in the Billing Submission section will be extended until all such appeals have been exhausted; (e) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and (g) provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment law (Tex. Gov. Code Chapter 2251). Contractor shall comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Section 6.02 Department Review. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance are subject to audit or review and recoupment of payments by the Department. Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures, disallowed costs, or overpayments that Contractor has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the date(s) due. Department may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Section 6.04 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 6.05 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section of the Services Article of these General Provisions or under 25 Tex. Admin. Code § 444.413, Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients or participants, and Contractor shall not seek additional reimbursement or payment for services or goods from clients General Provisions (Core Subrecipient) 2015 (Month Day, Year) 15 or participants or charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. ARTICLE VII ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 7.01 Allowable Costs. For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule General Provisions (Core Subrecipient) 2015 (Month Day, Year) 16 A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http://www.dshs.state.tx.us/contracts/links shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. Section 7.02 Independent Single or Program -Specific Audit. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the Office of Management and Budget (OMB) Circ. No. A-133, the Single Audit Act of 1984, P L 98- 502, 98 Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 110 Stat. 1396. The $500,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in OMB Circular A-133 or UGMS, as applicable, for their program -specific audits. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. If Contractor fails to complete the Single Audit Status Form within thirty (30) calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http://www.dshs.state.tx.us/contracts/links shtm. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six (6) years. Section 7.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program -Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Health and Human Services Commission Contract Oversight and Support, Mail Code Office of Inspector General 1326 Compliance/Audit, Mail Code 1326 P.O. Box 149347 P.O. Box 85200 Austin, Texas 78714-9347 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministration@dshs. state.tx.us Electronic submission to HHSC should be addressed as follows: Queenah.Teamah@hhsc.state.tx.us General Provisions (Core Subrecipient) 2015 (Month Day, Year) 17 If Contractor fails to submit the audit report as required by the Independent Single or Program - Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE VIII CONFIDENTIALITY Section 8.01 Maintenance of Confidentiality. Contractor shall maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI), and any other information that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); Tex. Health & Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex. Occ. Code Chapters 56 and 159 and all applicable rules and regulations. Section 8.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 8.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall disclose information described in Tex. Health & Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 8.04 Security of Patient or Client Records. Contractor shall maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSHS-funded contractor. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 18 Section 8.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Tex. Health & Safety Code § 85.112-114. A link to the Model Workplace Guidelines can be found at http: //www.dshs.state.tx.us/hivstd/policy/policies.shtm. ARTICLE IX REQUIRED DISCLOSURES Section 9.01 Texas Public Information Act. Notwithstanding any provision in this Contract to the contrary, the Department will comply with the Texas Public Information Act, Texas Government Code, Chapter 552, as interpreted by judicial opinions and the opinions of the Attorney General of the State of Texas. If Contractor is not a state agency, institution of higher education or other governmental entity, then Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE X RECORDS RETENTION Section 10.01 Retention. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all other records, including financial records that are generated or collected by Contractor under the provisions of this Contract, for a period of four (4) years after the termination of this Contract. If services are funded through Medicaid, the federal retention period, if more than four (4) years, will apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes, rules and regulations governing medical information. Contractor shall include this provision concerning records retention in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four (4) years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to the Program Attachment . ARTICLE XI ACCESS, INSPECTION AND AUDIT OF RECORDS Section 11.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly General Provisions (Core Subrecipient) 2015 (Month Day, Year) 19 authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, OIG, and the State Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records (including financial records, client and patient records, if any, and Contractor's personnel records and governing body personnel records), books, papers or documents related to this Contract; and the right to interview members of Contractor's governing body, staff, volunteers, participants and clients concerning the Contract, Contractor's business and client services. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall make available to the Department information collected, assembled or maintained by Contractor relative to this Contract for the Department to respond to requests that it receives under the Public Information Act. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 11.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds will apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 11.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site(s) will be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program or management review or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance Article of these General Provisions. ARTICLE XII NOTICE REQUIREMENTS Section 12.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: Human Immunodeficiency Virus/Sexually Transmitted Diseases General Provisions (Core Subrecipient) 2015 (Month Day, Year) 20 (HIV/STD); Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and Women, Infants and Children (WIC) Nutrition Services. Contractor shall comply with child abuse reporting guidelines and requirements in Tex. Fam. Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department located at www.dshs.state.tx.us/childabusereporting. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. Section 12.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Program Attachment significant incidents involving substantial disruption of Contractor's program operation, or affecting or potentially affecting the health, safety or welfare of Department -funded clients or participants within seventy-two (72) hours of discovery. Section 12.03 Litigation. Contractor shall notify the contract manager assigned to the Program Attachment of litigation related to or affecting this Contract and to which Contractor is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, including environmental and civil rights matters, professional liability, and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 12.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the Contract if Contractor has had a contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three (3) working days of the suspension or termination. Such notification must include the reason for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the contract; the date of the suspension or termination; and the contract or case reference number. If Contractor, as an organization, has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non- profit entity, it shall disclose this information within three (3) working days of the surrender, suspension or revocation to the contract manager assigned to the Program Attachment by submitting a one-page description that includes the reason(s) for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the license action; and a license or case reference number. Section 12.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three (3) working days of the date of General Provisions (Core Subrecipient) 2015 (Month Day, Year) 21 determination that Contractor is insolvent or incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in writing the contract manager assigned to the Program Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by Contractor's governing body. Section 12.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the contract manager assigned to the Program Attachment , any knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies, and procedures related to performance under this Contract. Contractor shall make such report no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http://sao.fraud.state.tx.us, and to the HHS Office of Inspector General at http://www.oig.hhs.gov/fraud/hotline/ no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 12.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. Contractor shall notify in writing the contract manager assigned to the Program Attachment if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who engaged, or was alleged to have engaged, in an activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed by DSHS. Section 12.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 22 Section 12.09 Documentation. Contractor shall maintain appropriate documentation of all notices required under these General Provisions. ARTICLE XIII ASSURANCES AND CERTIFICATIONS Section 13.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not disqualified under 2 CFR §376.935 or ineligible for participation in federal or state assistance programs; b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d) it is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e) it is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f) that no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g) neither it, nor its principals have within the three(3)-year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses enumerated in subsection g) of this section; and i) neither it, nor its principals within a three(3)-year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Contractor shall include the certifications in this Article in all subcontracts and solicitations for subcontracts. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment . If Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment . General Provisions (Core Subrecipient) 2015 (Month Day, Year) 23 Section 13.02 Child Support Delinquencies. As required by Tex. Fam. Code § 231.006, a child support obligor who is more than thirty (30) calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from state funds under a contract to provide property, materials, or services or receive a state -funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 13.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and, if applicable, that a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 13.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 13.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code § 2155.004 and federal law, Contractor is ineligible to receive this Contract if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement(s) of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor, nor its employees, nor anyone acting for Contractor has received compensation from DSHS for participation in the development, drafting or preparation of specifications, requirements or statement(s) of work for this Contract or in the Solicitation Document on which this Contract is based; (b) pursuant to Tex. Gov. Code §§ 2155.006 and 2261.053, Contractor is ineligible to receive this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law, or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Tex. Gov. Code §§ 2155.004, 2155.006 or 2261.053, and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 24 Section 13.06 Antitrust. Pursuant to 15 USC § 1, et seq. and Tex. Bus. & Comm. Code § 15.01, et seq. Contractor certifies that neither Contractor, nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. Section 13.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 14.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for-profit organizations. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and Department's monitoring processes. Further, Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. Staff members, including the executive director, shall not serve as voting members of Contractor's governing body. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Tex. Gov. Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two (2) years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Ignorance of any Contract provisions or other requirements contained or referred to in this Contract will not constitute a defense or basis for waiving or appealing such provisions or requirements. Section 14.02 Management and Control Systems. Contractor shall comply with all the requirements of the Department's Contractor's Financial Procedures Manual, and any of its subsequent amendments, which is available at the Department's web site: http://www.dshs.state.tx.us/contracts/cfpm.shtm. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during General Provisions (Core Subrecipient) 2015 (Month Day, Year) 25 the term of the contract through the completion of the closeout procedures. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual. Those requirements and procedures include, at a minimum, the following: a) b) c) financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Program Attachment and are traceable from the transaction to the general ledger; and effective internal and budgetary controls; comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and resolution of any findings; billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 14.03 Insurance. Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to the Program Attachment to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Section 14.04 Fidelity Bond. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. The fidelity bond or insurance must provide for indemnification of losses occasioned by (1) any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or (2) failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 14.05 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit General Provisions (Core Subrecipient) 2015 (Month Day, Year) 26 corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. Section 14.06 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: 1) with the prior written approval of DSHS; 2) temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result. Section 14.07 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire, and safety standards. Section 14.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format provided in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to mailto:coscap@dshs.state.tx.us no later than the 60th calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall implement and follow the applicable Cost Allocation Plan. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty (30) calendar days after the effective date of the change. Cost Allocation Plans must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts/cfpm.shtm. Section 14.09 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS, and from using the Department's name, logo or website link in any manner that is intended, General Provisions (Core Subrecipient) 2015 (Month Day, Year) 27 or that could be perceived, as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 14.10 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Program Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code § 20.10 et seq. Contractors may obtain a list of HUBS at http://www.window.state.tx.us/procurement/prog/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before proposed changes will be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity, in accordance with 34 Tex. Admin. Code § 20.16(b). Section 14.11 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Tex. Gov. Code § 2155.4441. Section 14.12 Contracts with Subrecipient and Vendor Subcontractors. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: a) name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (E1N); b) a detailed description of the services to be provided; c) measurable method and rate of payment and total not -to -exceed amount of the contract; d) clearly defined and executable termination clause; and e) beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or that cover a term within the beginning and ending dates of the applicable Program Attachment(s). General Provisions (Core Subrecipient) 2015 (Month Day, Year) 28 Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs; or if the subcontractor would be ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract section (Assurances and Certifications Article); or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article). Section 14.13 Status of Subcontractors. Contractor shall require all subcontractors to certify that they are not delinquent on any repayment agreements; have not had a required license or certification revoked; and have not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three (3) years any license issued by the Department. Section 14.14 Incorporation of Terms in Subrecipient Subcontracts. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor), (1) the certifications stated in the Assurances and Certifications Article; (2) the requirements in the Conflicts of Interest section and the Transaction Between Related Parties section of the General Terms Article; and (3) a provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with the Access and Inspection Article in these General Provisions. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. If a subcontractor is unable to certify to any of the statements in Section 14.13 or any of the certifications stated in the Assurances and Certifications Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment . If the subcontractor's status with respect to the items certified in Section 14.13 or the assurances stated in the Assurances and Certifications Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment . Section 14.15 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents will not be eligible for unemployment compensation from the Department or the State of Texas. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 29 Section 14.16 Authority to Bind. The person or persons signing this Contract on behalf of Contractor, or representing themselves as signing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 14.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has failed to remain current on a liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department will not enter into a contract with Contractor for three (3) years from the date of termination. Section 14.18 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Program Attachment within ten (10) business days of any change to the Contractor's name; contact information; key personnel, officer, director or partner; organizational structure, such as merger, acquisition or change in form of business; legal standing; or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the Amendments section of these General Provisions. Section 14.19 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 14.20 Equipment. Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form as required under Section 14.23. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the contract manager assigned to the Program Attachment. Section 14.21 Supplies. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than General Provisions (Core Subrecipient) 2015 (Month Day, Year) 30 $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non- portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. Prior approval by DSHS of the purchase of controlled assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 14.23. Section 14.22 Changes to Equipment List. All items of equipment to be_purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. Contractor shall submit to the contract manager assigned to the Program Attachment, a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment or by written acceptance of Contractor's Contract Revision Request, as appropriate; or, in the case of minor changes to Contractor's approved equipment list, by email in accordance with the Contractor's Financial Procedures Manual. Section 14.23 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in the Other Intangible Property section of Article XIII and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15th of each year. The report is located on the DSHS website at http://www.dshs.state.tx.us/contracts/forms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 14.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Section 14.25 Title to Property. At the conclusion of the contractual relationship between the Department and Contractor, for any reason, title to any remaining equipment and supplies purchased with funds under this Contract General Provisions (Core Subrecipient) 2015 (Month Day, Year) 31 reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 14.26 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Section 14.27 Disposition of Property. Contractor shall follow the procedures in the American Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to the Program Attachment. After an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 14.28 Closeout of Equipment. At the end of the term of a Program Attachment that has no additional renewals or that will not be renewed (Closeout) or when a Program Attachment is otherwise terminated, Contractor shall submit to the contract manager assigned to the Program Attachment, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout or termination of the Program Attachment and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. Section 14.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XV GENERAL TERMS Section 15.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior written consent of the Department. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 32 Section 15.02 Lobbying. Contractor shall comply with Tex. Gov. Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352 and UGMS). If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or will be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration, certification, and disclosure at the time of application for this Contract; upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and at the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Program Attachment. Contractor shall also comply, as applicable, with the lobbying restrictions and requirements in 2 CFR Part 230 (OMB Circulars A-122), Appendix B paragraph 25; 2 CFR Part 225 (A-87) Appendix B section -24; 2 CFR §215.27 (A-110) and 2 CFR Part 220 (A-21) Appendix A, subsection J.17 and J.28. Contractor shall include this provision in any subcontracts. Section 15.03 Conflict of Interest. Contractor represents to the Department that it and its -subcontractors, if any, do not have nor shall Contractor or its subcontractors knowingly acquire or retain, any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family), or any affiliate or subcontractor and the Department or HHSC, their commissioners or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Program Attachment within ten (10) days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of General Provisions (Core Subrecipient) 2015 (Month Day, Year) 33 interest the subcontractor has or may have within ten (10) days of when the subcontractor becomes aware of the actual or potential conflict of interest. Section 15.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transactions between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Program Attachment the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party will perform under this Contract. Contractor shall comply with Tex. Gov. Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A-110, 2 CFR § 215.42, and UGMS. Section 15.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. a) "Intellectual property" means created property that may be protected under copyright, patent, or trademark/service mark law. b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. c) If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes (1) the copyright in any intellectual property developed under this Contract, including any subcontract; and (2) any rights of copyright to which a Contractor purchases ownership with contract funds. Contractor shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant -supported activity. An acknowledgment must be to the effect that "This publication was made possible by grant number from (federal awarding agency)" or "The project described was supported by grant number from (federal awarding agency)" and "Its contents are solely the responsibility of the authors General Provisions (Core Subrecipient) 2015 (Month Day, Year) 34 and do not necessarily represent the official views of the (federal awarding agency)." d) If the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty -free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for DSHS, public health, and state governmental noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds. e) If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Program Attachment. Section 15.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs, software licenses with a value of $500 or more, etc. Contractor shall inventory all such non -copyrightable intangible property. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision will survive the termination or expiration of this Contract. Section 15.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 15.08 Legal Notice. A ny notice required or permitted to be given by the provisions of this Contract will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 15.09 Successors. This Contract will be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 35 Section 15.10 Headings. The articles and section headings used in this Contract are for convenience of reference only and will not be construed in any way to define, limit or describe the scope or intent of any provisions. Section 15.11 Parties. The Parties represent to each other that they are entities fully familiar with transactions of the kind reflected by the contract documents, and are capable of understanding the terminology and meaning of their terms and conditions and of obtaining independent legal advice pertaining to this Contract. Section 15.12 Survivability of Terms. Termination or expiration of this Contract or a Program Attachment for any reason will not release either Party from any liabilities or obligations in this Contract that (a) the Parties have expressly agreed will survive any such termination or expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 15.13 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. Section 15.14 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Tex. Gov. Code Chapter 2114 regarding Customer Service surveys. Section 15.15 Amendment. The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract without the written agreement of Contractor. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 36 Section 15.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a) contractor's contact person and contact information; b) contact information for key personnel, as stated in Contractor's response to the Solicitation Document, if any; c) cumulative budget transfers that exceed 25% among direct cost categories, other than the equipment category, of cost reimbursement contract Program Attachments of less than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); d) minor corrections or clarifications to the Contract language that in no way alter the scope of work, objectives or performance measures; and e) a change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten (10) calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. The notification may be by letter, fax or email. Except for contracts funded by funding sources that have different percentage requirements, cumulative budget line item transfers of 25% or less among direct cost categories, other than equipment, of cost reimbursement contracts of any amount do not require written amendment or prior approval or notification. Section 15.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by Contractor, but must be approved by DSHS. The following amendments to this Contract may be made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories, other than the equipment category, that exceed 25% of Program Attachments of $100,000 or more, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees; and g) cumulative budget transfers into or out of the equipment category that do not exceed 10% of any Program Attachment, provided that the total budget amount is unchanged (cumulative transfers from or to the equipment category that equal or exceed 10% of any Program Attachment require an amendment to this Contract as described in the Amendment section of this Article). In order to request a revision of any of the enumerated provisions, Contractor shall request the change in writing from their assigned contract manager. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may General Provisions (Core Subrecipient) 2015 (Month Day, Year) 37 indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision amendment under this section. Section 15.18 Immunity Not Waived. The Parties expressly agree that no provision of this contract is in any intended to constitute a waiver by Department or the State of Texas of any immunities from suit or from liability that Department or the State of Texas may have by operation of law. Section 15.19 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments; and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 15.20 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract will not constitute a waiver of either Party's rights under this Contract. Section 15.21 Electronic and Information Resources Accessibility and Security Standards. (a) This section applies if the Contract requires the Contractor to procure or develop Electronic and Information Resources (EIR) for DSHS, or to change any of DSHS' EIR. This section also applies if the Contract requires the Contractor to perform a service or supply goods that include EIR that (i) DSHS employees are required to use or permitted access to; or (ii) Members of the public are required or permitted to access. This section does not apply to incidental uses of EIR in the performance of a contract, unless the parties agree that the EIR will become property of the state or will be used by DSHS clients after completion of the Contract. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a product/service. (b) Definitions. 1. "Accessibility Standards" means the Electronic and Information Resources Accessibility Standards in 1 TAC Chapter 213, and the Web Site Accessibility Standards/Specifications in 1 TAC Chapter 206. 2. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes, but is not limited to, telephones and other General Provisions (Core Subrecipient) 2015 (Month Day, Year) 38 telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. 3. "Electronic and Information Resources Accessibility Standards means the accessibility standards for electronic and information resources contained in Volume 1 Texas Administrative Code chapter 213. 4. "Web Site Accessibility Standards/Specifications" means standards contained in Volume 1 Texas Administrative Code Chapter 206. 5. "Products" means information resources technologies that are, or are related to, EIR. (c) Accessibility Requirements. Under Texas Government Code Chapter 2054, Subchapter M, and implementing rules of the Department of Information Resources (DIR), DSHS must procure Products that comply with the Accessibility Standards when such Products are available in the commercial marketplace or when such Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. (d) Evaluation, Testing and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither (1) the review, testing (including acceptance testing), evaluation or monitoring of any Product; nor (2) the absence of such review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing and monitoring. (e) Representations and Warranties. 1. Contractor represents and warrants that (i) as of the effective date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Contract, unless and to the extent the Parties otherwise expressly agree in writing; and (ii) if the Products will be in the custody of the state or a DSHS client after the Contract expiration or termination, the Products will continue to comply with such Accessibility Standards after the expiration or termination of the Contract term, unless DSHS and/or client, as applicable, uses the Products in a manner that renders it noncompliant. 2. In the event Contractor should have known, becomes aware, or is notified that the Product and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including but not limited to remediation, replacement, and upgrading of the Product, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 39 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. (f) Remedies. 1. Pursuant to Texas Government Code §2054.465, neither Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Texas Government Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct and consequential damages and any other remedies to which DSHS may be entitled. This remedy is cumulative of any and all other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 15.22 Force Majeure. Neither Party will be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order, or acts of God. The existence of any such cause of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other by any reasonable method (phone, email, etc.) and, as soon as practicable, must submit written notice with proof of receipt, of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 15.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program Attachments will automatically continue as an "Interim Contract" beyond the expiration date of the term of the Contract or Program Attachment(s), as applicable, under the following circumstances: (1) on or shortly prior to the expiration date of the Contract or Program Attachment, there is a state of disaster declared by the Governor that affects the ability or resources of the DSHS contract or program staff managing the Contract to complete in a timely manner the extension, renewal, or other standard contract process for the Contract or Program Attachment; and (2) DSHS makes the determination in its sole discretion that an Interim Contract is appropriate under the circumstances. DSHS will notify Contractor promptly in writing if such a determination is made. The notice will specify whether DSHS is extending the Contract or Program Attachment for additional time for Contractor to perform or complete the previously contracted goods and services (with no new or additional funding) or is purchasing additional goods and services as described in the Program Attachment for the term of the Interim Contract, or both. The notice will include billing instructions and detailed information on how DSHS will fund the goods or services to be procured during the Interim Contract term. The Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless the Parties agree to a shorter period of time. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 40 Section 15.24 Cooperation and Communication. Contractor shall cooperate with Department staff and, as applicable, other DSHS contractors, and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. ARTICLE XVI BREACH OF CONTRACT AND REMEDIES FOR NON- COMPLIANCE Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a) failure to properly provide the services and/or goods purchased under this Contract; b) failure to comply with any provision of this Contract, including failure to comply with all applicable statutes, rules or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSHS or agreed order issued by DSHS; e) failure by Contractor to provide a full accounting of funds expended under this Contract; f) discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; g) any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or h) Contractor is on or is added to the Excluded Parties List System (EPLS). Section 16.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; General Provisions (Core Subrecipient) 2015 (Month Day, Year) 41 b) suspend all or part of this Contract. Suspension is an action taken by the Department in which the Contractor is notified to temporarily (1) discontinue performance of all or part of the Contract, and/or (2) discontinue incurring expenses otherwise allowable under the Contract as of the effective date of the suspension, pending DSHS's determination to terminate or amend the Contract or permit the Contractor to resume performance and/or incur allowable expenses. Contractor shall not bill DSHS for services performed during suspension, and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; c) deny additional or future contracts with Contractor; d) reduce the funding amount for failure to 1) provide goods and services as described in this Contract or consistent with Contract performance expectations, 2) achieve or maintain the proposed level of service, 3) expend funds appropriately and at a rate that will make full use of the award, or 4) achieve local match, if required; e) disallow costs and credit for matching funds, if any, for all or part of the activities or action not in compliance; f) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; Section 16.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing them, the corrective actions, if any, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If requested by the Department, the written response must state how Contractor shall correct the noncompliance (corrective action plan) or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department will provide written notice to Contractor of Department's decision. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the approved corrective action plan. If DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 16.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: General Provisions (Core Subrecipient) 2015 (Month Day, Year) 42 a) Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic or fmancial and may include failing to provide services, providing inadequate services, providing unnecessary services, or using resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case-by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVII CLAIMS AGAINST THE DEPARTMENT Section 17.01 Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department Rules §§ 4.11- 4.24 will be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 17.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Tex. Gov Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing of a contested case proceeding under Tex. Gov. Code Chapter 2260, subchapter C. Section 17.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under this Article. Section 17.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking consent to sue from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107. Neither the execution of this Contract by DSHS nor any other conduct of any representative of DSHS relating to this Contract will be considered a waiver of sovereign immunity to suit. Section 17.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in part. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 43 ARTICLE XVIII TERMINATION AND TEMPORARY SUSPENSION Section 18.01 Expiration of Contract or Program Attachment(s). Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Program Attachment will end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion of the term of all Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article. Section 18.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by Contractor of the authority to obligate previously awarded funds. Contractor's costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable, to DSHS or another entity designated by DSHS. Upon termination of all or part of this Contract, Department and Contractor will be discharged from any further obligation created under the applicable terms of this Contract or the Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS, and except as provided in the Survivability of Terms section of the General Terms Article. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of information will survive this Contract. Section 18.03 Acts Not Constituting Termination. Termination does not include the Department's (1) withdrawal of funds awarded on the basis of Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance at the expiration of the term of a Program Attachment; (3) refusal to extend a Program Attachment or award additional funds to make a competing or noncompeting continuation, renewal, extension, or supplemental award; (4) non -renewal of a contract or Program Attachment at Department's sole discretion; or (5) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. Section 18.04 Termination or Temporary Suspension Without Cause. a) Either Party may terminate this Contract or a Program Attachment, as applicable, with at least thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services, Contractor shall give the Department at least ninety (90) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 44 b) The Parties may terminate this Contract or a Program Attachment by mutual agreement. c) DSHS may temporarily suspend or terminate this Contract or a Program Attachment if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendments to the Appropriations Act, health and human services consolidations, or any disruption of current appropriated funding for this Contract or Program Attachment. Contractor will be notified in writing of any termination or temporary suspension or of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor shall discontinue performance under the Contract as of the effective date of the suspension, for the duration of the suspension. d) Department may terminate this Contract or a Program Attachment immediately when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 18.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty (30) calendar days written notice to the other Party. Department may terminate this Contract, in whole or in part, for breach of contract or for any other conduct that jeopardizes the Contract objectives, by giving at least thirty (30) calendar days written notice to Contractor. Such conduct may include one or more of the following: a) Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance or oversight of this Contract; c) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; d) Department determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its requirements under this Contract or exercise adequate control over expenditures or assets; e) Department determines that Contractor, its agent or another representative offered or gave a gratuity (e.g., entertainment or gift) to an official or employee of DSHS or HHSC for the purpose of obtaining a contract or favorable treatment; f) Department determines that this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements or statement(s) of work or Solicitation Document on which this Contract is based in violation of Tex. Gov. Code § 2155.004; or Department determines that Contractor was ineligible to receive this Contract under Tex. Gov. Code §§ 2155.006 or 2261.053 related to certain disaster response contracts; g) Contractor appears to be financially unstable. Indicators of financial instability may include one or more of the following: 1) Contractor fails to make payments for debts; 2) Contractor makes an assignment for the benefit of its creditors; 3) Contractor admits in writing its inability to pay its debts generally as they become due; 4) if judgment for the payment of money in excess of $50,000 (that is not covered by insurance) is rendered by any court or governmental body against Contractor, and Contractor does not (a) discharge the judgment, or (b) provide for its discharge in accordance with its terms, or (c) procure a stay of execution within thirty (30) calendar days from the date of entry of the judgment, or (d) if the execution is stayed, within the thirty (30) -day period or a longer period during which execution of the judgment has been stayed, appeal from the judgment and cause the execution to General Provisions (Core Subrecipient) 2015 (Month Day, Year) 45 be stayed during such appeal while providing such reserves for the judgment as may be required under Generally Accepted Accounting Principles; 5) a writ or warrant of attachment or any similar process is issued by any court against all or any material portion of the property of Contractor, and such writ or warrant of attachment or any similar process is not released or bonded within thirty (30) calendar days after its issuance; 6) Contractor is adjudicated bankrupt or insolvent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, or consents to the filing of any case or petition against it under any such law; 8) any property or portion of the property of Contractor is sequestered by court order and the order remains in effect for more than thirty (30) calendar days after Contractor obtains knowledge of the sequestration; 9) a petition is filed against Contractor under any state reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, and the petition is not dismissed within thirty (30) calendar days; or 10) Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or of all or any part of its property; h) Contractor's management system does not meet the UGMS management standards; or i) Any required license, certification, permit, registration or approval required to conduct Contractor's business or to perform services under this Contract is not obtained or is revoked, is surrendered, expires, is not renewed, is inactivated or is suspended. Section 18.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. If either Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor shall attempt to resolve any issues related to the anticipated termination in good faith during the notice period. ARTICLE XIX VOID, SUSPENDED, AND TERMINATED CONTRACTS Section 19.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 19.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, or is suspended, or is terminated for cause is not eligible for Any renewal or increase of funding for an existing contract, or new contracts or renewals until, in the case of suspension or termination, the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void, any amount paid is subject to to the Contractor is subject to recoupment by DSHS. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 46 Section 19.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. ARTICLE XX CLOSEOUT Section 20.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its own terms, Contractor shall cease services under this Contract or Program Attachment; and shall cooperate with DSHS to the fullest extent possible upon expiration or prior to expiration, as necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. Upon receiving notice of Contract or Program Attachment termination or non -renewal, Contractor shall immediately begin to effect an orderly and safe transition of recipients of services to alternative service providers, as needed. Contractor also shall completely cease providing services under this Contract or Program Attachment by the date specified in the termination or non -renewal notice. Contractor shall not bill DSHS for services performed after termination or expiration of this Contract or Program Attachment, or incur any additional expenses once this Contract or Program Attachment is terminated or has expired. Upon termination, expiration (with no renewal) or non -renewal of this Contract or a Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 20.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against billings. Section 20.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other Closeout reports required under this Contract within forty-five (45) calendar days after the Contract or Program Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are not received within forty-five (45) calendar days after the Contract or Program Attachment end date. Section 20.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and will result in a refund due, which Contractor shall pay within the time period established by the Department. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 47 Section 20.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections, or other transactions. General Provisions (Core Subrecipient) 2015 (Month Day, Year) 48 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2015-001102-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $5,000.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2014 and ends on 08/31/2015. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: IDCU/FLU-LAB Infectious Disease Control Unit/FLU-LAB Page 1 of 10 7. Statement of Work: Contractor shall identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area. Contractor may contact flutexas@dshs.state.tx.us for guidance on appropriate submitters. Contractor shall perform the activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8, "Service Area" of this contract. Contractor shall: • identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area; • receive clinical specimens Monday through Friday from designated submitters within the Contractor's service area; • test up to two hundred (200) clinical specimens meeting Clinical Laboratory Improvement Act (CLIA'88) specifications; • perform on each specimen, the Centers for Disease Control and Prevention (CDC) Real Time (RT) Polymerase Chain Reaction Method (PCR) for typing of influenza viruses; • retain positive influenza specimens through the end of the Contract term; • when directed by the Influenza Coordinator within the Department of State Health Services (DSHS) Emerging and Acute Infectious Disease Branch, appropriately submit the requested number of positive specimens to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified contract laboratory; • comply with DSHS Infectious Disease Control Unit (IDCU) program established influenza surveillance protocol; and • comply with Health and Safety Code Chapter §81.046 located at http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.81.htm#81.046. DSHS shall: • ensure Contractor receives a copy of the current influenza surveillance protocol, no later than the week ending October 4, 2014 (Morbidity and Mortality Weekly Report (MMWR) week 40). DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of unanticipated financial shortfalls. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Renewal Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds. PERFORMANCE MEASURES: The following performance measure will be used to assess in part Contractor's effectiveness in providing Page 2 of 10 the services described in this Contract without waiving the enforceability of any of the other terms of the Contract. Contractor shall: 1. Ensure that at least one (1) healthcare provider, clinic, or hospital submits influenza surveillance specimens to the Contractor; 2. Provide and submit a list of providers or facilities that routinely submit specimens to the Contractor on or before December 1, 2014, by electronic mail to flutexas@dshs.state.tx.us; 3. Perform testing weekly unless no samples were received that week; 4. When requested, send samples of all specimens testing positive for influenza to the Laboratory Services Section, Department of State Health Services (DSHS), Austin, Texas or other designated laboratory within ten (10) business days of request; and 5. Provide and submit written weekly reports on the RT -PCR influenza testing results, in the format provided by DSHS, each Monday, or if a holiday, the next business day beginning September 8, 2014 and continuing through the end of the Contract term. Reports should be sent by electronic mail to flutexas@dshs.state.tx.us. Compliant reporting is required prior to DSHS approval for payment. a. Compliant Contractors submit weekly RT -PCR influenza testing result reports according to the format specified by DSHS and the due dates specified in the Programmatic Reporting Requirements. b. Non-compliant Contractors submit less than 80% of the weekly RT -PCR influenza testing reports according to the format specified by DSHS and the due dates specified in the Programmatic Reporting Requirements. See Programmatic Reporting Requirements section for required reports, time periods and due dates. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below. Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us. Page 3 of 10 8. Service Area Nueces County Page 4 of 10 This section intentionally left blank. Page 5 of 10 10. Procurement method: Non-Competitive Interagency/Interlocal GST-2012-Solicitation-00038 DSHS GOLIVE IDCU FLU LAB PROPOSAL 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2015 12. Payment Method: Cost Reimbursement 13. Source of Funds: State 14. DUNS Number: 069457786 Page 6 of 10 15. Programmatic Reporting Requirements: Report Name Providers Report Weekly Report Financial Status Rep Financial Status Rep Financial Status Reps Financial Status Reps Submission Instructions: Frequency Nonrecurring Weekly Quarterly Quarterly Quarterly Quarterly Period Begin 09/01/2014 Monday 09/01/2014 12/01/2014 03/01/2015 06/01/2015 Period End 12/01/2014 Friday 11/30/2014 02/28/2015 05/31/2015 08/31/2015 Performance Measure Reports should be sent by electronic mail to flutexas@dshs.state.tx.us. Due Date 12/01/2014 Following Monday 12/31/2014 03/31/2015 06/30/2015 10/15/2015 Financial Status Reports can be faxed to the Claims Processing Unit at (512) 776-7442 or to the email address at invoices@dshs.state.tx.us. Page 7 of 10 16. Special Provisions General Provisions, Article V. Payment Methods and Restrictions, Section 5.02 Billing Submission, is revised to include the following: DSHS will reimburse Contractor upon submission of a State of Texas Purchase Voucher and DSHS acceptance of the required activities as indicated in the Performance Measures. General Provisions ARTICLE XV. GENERAL TERMS, Section 15.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 8 of 10 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2015-001102-00 b. General Provisions Subrecipient General Provisions c. Attachments Budgets d. Declarations e. Exhibits Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi Public Health District By: By: Signature of Authorized Official Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 787-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 9 of 10 Budget Summary Organization Name: Corpus Christi Public Health District Contract Number: 2015-001102-00 Budget Categories Program ID: IDCU/FLU-LAB Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $0.00 $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $5,000.00 $0.00 $0.00 $5,000.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Total Direct Costs $5,000.00 $0.00 $0.00 $5,000.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $5,000.00 $0.00 $0.00 $5,000.00 Page 10 of 10 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2015-001139-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $201,123.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2014 and ends on 08/31/2015. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: CPS/LRN-PHEP CPS -LABORATORY RESPONSE NETWORK-PHEP Page 1 of 12 7. Statement of Work: STATEMENT OF WORK: A. Contractor will perform activities in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-120102CONT14) and the Office of the Assistant Secretary for Preparedness and Response (OASPR) from the Centers for Disease Control and Prevention (CDC). CDC's five-year Public Health Emergency Preparedness (PHEP) — Hospital Preparedness Program (HPP) Cooperative Agreement seeks to align PHEP and HPP programs and advance public health and healthcare preparedness and insure jurisdictions are capable of providing a standard battery of tests for high priority biological threats and emerging infectious diseases. B. Contractor will comply with new biological laboratory requirements in accordance with the revised CDC policy for LRN-B Reference Level Laboratories. C. Contractor will not exceed the total amount of this Contract without DSHS prior approval, which will be evidenced by the Parties executing a written amendment. D. Contractor will comply with all applicable federal and state laws, rules, and regulations including, but not limited to, the following: 1. Public Law 107-188, Public Health Security and Bioterrorism Preparedness and Response Act of 2002; 2. Public Law 113-05, Pandemic and All -Hazards Preparedness Reauthorization Act; and 3. Texas Health and Safety Code Chapter 81. E. Texas Government Code § 421.062 provides that since this Contract is for a homeland security service that neither party is responsible for any civil liability that may arise from this Contract. F. The following documents and resources are incorporated by reference and made a part of this Contract: 1. DSHS and CDC Public Health Emergency Preparedness Cooperative Agreement, Funding Opportunity Number: CDC-RFA-TP12-120102CONT14; 2. Public Health Preparedness Capabilities: National Standards for State and Local Planning, March 2011: http://www.cdc.gov/phpr/capabilities/DSLR_capabilities_July.pdf; 3. Presidential Policy Directive 8/PPD-8, March 30, 2011: http://www. hlswatch .com/wp-content/u p loads/2011 /04/PPD-8-Prepa red ness. pdf; 4. Homeland Security Exercise and Evaluation Plan (HSEEP) Documents: https://hseep.dhs.gov/pages/1001_HSEEP7.aspx; 5. Ready or Not? Have a Plan; Surviving Disaster: How Texans Prepare (videos): http://www.texasprepares.org/survivingdisaster.htm; 6. Preparedness Program Guidance(s) as provided by DSHS and CDC. 7. FY2015 Office of the Assistant Secretary for Preparedness and Response (OASPR) Hospital Preparedness Program — CFDA Number 93.074 http://www.phe.gov/preparedness/planning/hpp/pages/default.aspx. G. Funds awarded for this Contract must be matched by costs or third party contributions that are not paid by the Federal Government under another award, except where authorized by Federal statute to be used for cost sharing or matching. The non-federal contributions (match) may be provided directly or through donations from public or private entities and may be in cash or in-kind donations, fairly evaluated, including plant, equipment, or services. The costs that the Contractor incurs in fulfilling the matching or cost-sharing Page 2 of 12 requirement are subject to the same requirements, including the cost principles, that are applicable to the use of Federal funds, including prior approval requirements and other rules for allowable costs as described in 45 CFR 74.23 and 45 CFR 92.24. H. Contractor will notify DSHS in advance of Contractor's plans to participate in or conduct local exercises, in a format specified by DSHS. Contractor will participate in statewide exercises planned by DSHS as needed to assess the capacity of Contractor to respond to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. Contractor will prepare after -action reports, documenting and correcting any identified gaps or weaknesses in preparedness plans identified during exercise, in a form specified by DSHS. I. Contractor will cooperate with DSHS to coordinate all planning, training and exercises performed under this Contract with the Governor's Division of Emergency Management of the State of Texas, or other points of contact at the discretion of the division, to ensure consistency and coordination of requirements at the local level and eliminate duplication of effort between the various domestic preparedness funding sources in the state. J. The Contractor is required to provide matching funds for this Contract not less than ten -percent of total costs. Refer to the DSHS Contractor's Financial Procedures Manual, Chapter 9 (http://www.dshs.state.tx.us/contracts/cfpm.shtm) for additional guidance on match requirements, including descriptions of acceptable match resources. Documentation of match, including methods and sources must be included in the Contractor's Contract budget and Contractor must follow procedures for generally accepted accounting practices as well as meet audit requirements. K. In the event of a public health emergency involving a portion of the state, Contractor will mobilize and dispatch staff or equipment purchased with funds from the previous PHEP cooperative agreement and that are not performing critical duties in the jurisdiction served to the affected area of the state upon receipt of a written request from DSHS. L. Contractor will inform DSHS in writing if Contractor will not continue performance under this Contract within thirty days of receipt of an amended standard(s) or guideline(s). After receipt of this notice, DSHS may terminate this Contract immediately or within a reasonable period of time as determined by DSHS. M. Contractor will develop, implement and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Contract, including partial full-time employees and temporary staff. N. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total Contract amount, Contractor's budget may be subject to a decrease for the remainder of the Term of the Contract. Vacant positions existing after ninety days may result in a decrease in funds. O. The Contractor will: 1. Maintain a confirmatory bioterrorism testing laboratory with a staff trained and proficient in CDCs LRN biothreat protocols; 2. Provide test samples from identified service area for biothreat agents and toxins. Once biological agent is identified, Contractor will be prepared to test for other infectious agents and for other public health threats and emergencies; 3. Test food samples for select biological agents using conventional and advanced bacteriological Page 3 of 12 techniques and CDC-LRN protocols; 4. Maintain extensive collaboration with local law enforcement, hazardous material and other emergency responders. In addition, Contractor will prepare Standard Operating Procedures and Standard Operating Guidelines (SOPs/SOGs) covering interaction with these agencies in the event of an emergency or incident; 5. Provide copies of all new or revised SOPs/SOGs related to preparedness to DSHS with quarterly report; 6. Utilize DSHS's provided Public Health Laboratory Information Management System (PHLIMS), or a LIMS that has been configured to be compatible with the CDC Results Messenger (RM) reporting system, or CDC RM for reporting biothreat testing and results. This reporting will include sample and laboratory data as well as the final report; 7. Prepare current information during an incident; 8. Provide LRN surge capability plan; 9. Maintain extensive collaboration with all hospitals located in the identified service area to plan for response activities for biothreats; 10. Present laboratory -oriented training to hospitals and reference laboratories in the identified service area on the LRN sentinel protocols to include packaging and shipping of both biological and chemical samples according to published CDC protocols; 11. Maintain a system for safe specimen transport from local laboratories; 12. Explore the capabilities and needs of sentinel laboratories; 13. Describe their plans to meet updated LRN-B program requirements for Standard reference level laboratories as outlined in the Funding Opportunity Announcement FOA, Appendix 10. 14. Programmatic reports as directed by DSHS in a format specified by DSHS. Contractor will provide DSHS other reports, including financial reports, and any other reports that DSHS determines necessary to accomplish the objectives of this contract and to monitor compliance; 15. An end -of -year performance report in a format specified by DSHS no later than August 14, 2015; and 16. Reports as requested by DSHS to satisfy information -sharing Requirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and (c); and 17. If Contractor is legally prohibited from providing a report under this Contract, Contractor will immediately notify DSHS in writing. P. Contractor's laboratory microbiologist will be responsible for: 1. Training other Contractor laboratory staff in setting up and performing all diagnostic and reference testing for select biological agents; 2. Monitoring and evaluating biothreat incidents, outbreaks of infectious disease and other public health threats and emergencies; 3. Communicating with all other laboratories within the service area as defined by DSHS; and 4. Interacting with DSHS and CDC. Q. In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately five percent of the Contractor's staff's time supporting this Contract for response efforts. DSHS will reimburse Contractor up to five percent of this Contract funded by CDC for personnel costs responding to an emergency event. Contractor will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor will notify the Assigned Contract Manager in writing when this provision is implemented. R. For the purposes of this Contract, the Contractor may not use funds for fundraising activities, lobbying, research, construction, major renovations and reimbursement of pre -award costs, clinical care, purchase of vehicles of any kind, funding an award to another party or provider who is ineligible, backfilling costs for staff or the purchase of incentive items. Page 4 of 12 PERFORMANCE MEASURES: A. Contractor will meet and report performance measures based on milestones that are developed in coordination with DSHS for the Contractor's project as provided in the Section I. The Contractor must also demonstrate adherence to PHEP reporting deadline and the capability to receive, stage, store, distribute and dispense materiel during a public health emergency. B. Failure to meet the deliverables in Section I may result in withholding a portion of the fiscal year 2015 PHEP base award. C. DSHS will send a schedule for the reporting these Performance Measures within 30 days of the contract start date, which is subject to change as DSHS and CDC modify performance measures and due dates. D. Contractor will provide services in the following counties: BILLING INSTRUCTIONS: Contractor will request payment using the State of Texas Purchase Voucher (Form B-13) on a monthly basis and acceptable supporting documentation for reimbursement of the required services/deliverables. Additionally, the Contractor will submit the Financial Status Report (FSR -269A) and the Match Reimbursement Certification (B -13A) on a quarterly basis. Vouchers, supporting documentation, Financial Status Report, and B -13A should be mailed or emailed to the addresses below. Claims Processing Unit, MC1940 Texas Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 Email: invoices@dshs.state.tx.us Page 5 of 12 8. Service Area Calhoun County, Goliad County, Jackson County, Victoria County, Aransas County, Bee County, Jim Wells County, Kleberg County, Live Oak County, Nueces County, Refugio County, San Patricio County Page 6 of 12 This section intentionally left blank. Page 7 of 12 10. Procurement method: Non-Competitive Interagency/Interlocal GST-2012-Solicitation-00030 DCPS GOLIVE LRN PHEP 11. Renewals: Number of Renewals Remaining: 2 Date Renewals Expire: 08/31/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.069, 93.069 14. DUNS Number: 069457786 Page 8 of 12 This section intentionally left blank. Page 9 of 12 16. Special Provisions SPECIAL PROVISIONS: A. Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 14, 2015, for costs incurred between the services dates of September 1, 2014 to June 30, 2015. No expenditures with service dates from September 1, 2014 to June 30, 2015 will be paid after August 14, 2015 from the Budget Period 3 (BP3) allocation. This Subsection supersedes Section 4.03 of the Fiscal Year 2015 Department of State of Health Services General Provisions (Core/Sub Recipient). B. General Provisions, Funding Article IV, Use of Funds Section 4.03, is amended to include the following: Contractor is allocated $167,603 from September 1, 2014 -June 30, 2015. Contractor is allocated $33,520 from July 1, 2015 -August 31, 2015. Expenditures may not exceed the above allocated amounts within the specified timeframes. C. General Provisions, Terms and Conditions of Payment Article VI, is revised to include: DSHS will monitor Contractor's billing activity and expenditure reporting on a quarterly basis. Based on these reviews, DSHS may reallocate funding between contracts to maximize use of available funding. D. General Provisions, Allowable Costs and Audit Requirements Article VII, is amended to include the following: For the purposes of this Contract, funds may not be used for: fundraising activities, lobbying, research; construction, major renovations, reimbursement of pre -award costs; clinical care; the purchase of vehicles, funding an award to another party or provider who is ineligible, or backfilling costs for staff new construction, or the purchase of incentive items. E. General Provisions, Access and Inspection Article XI, Access Section 11.01 is hereby revised to include the following: In addition to the site visits authorized by this Article of the General Provisions, Contractor will allow DSHS to conduct on-site quality assurance reviews of Contractor. Contractor will comply with all DSHS documentation requests and on-site visits. Contractor will make available for review all documents related to the Statement of Work and Exhibit A, upon request by the DSHS Program staff. F. General Provisions, General Business Operations of Contractor Article XIV, Equipment Purchases (Including Controlled Assets), Section 14.20, is revised as follows: Contractor is required to initiate the purchase of approved equipment no later than June 30, 2015 as documented by issue of a purchase order or written order confirmation from the vendor on or before June 30, 2015. In addition, all equipment must be received no later than 60 calendar days following the end of the Contract term. G. General Provisions, General Terms Article XV, Amendment Section 15.15, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least 90 days prior to the end of the term of this Contract. Page 10 of 12 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2015-001139-00 b. General Provisions Subrecipient General Provisions c. Attachments Budgets d. Declarations e. Exhibits Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi Public Health District By: By: Signature of Authorized Official Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 787-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 11 of 12 Budget Summary Organization Name: Corpus Christi Public Health District Contract Number: 2015-001139-00 Budget Categories Program ID: CPS/LRN-PHEP Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $100,680.00 $0.00 $0.00 $100,680.00 Fringe Benefits $36,547.00 $0.00 $0.00 $36,547.00 Travel $9,696.00 $0.00 $0.00 $9,696.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $20,432.00 $0.00 $0.00 $20,432.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $33,768.00 $0.00 $0.00 $33,768.00 Total Direct Costs $201,123.00 $0.00 $0.00 $201,123.00 Indirect Costs $0.00 $20,112.00 $0.00 $20,112.00 Totals $201,123.00 $20,112.00 $0.00 $221,235.00 Page 12 of 12 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2015-000023-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $164,368.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2014 and ends on 08/31/2015. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: RLSS/LPHS RLSS/Local Public Health System-PnP Page 1 of 13 7. Statement of Work: STATEMENT OF WORK: A. CONTRACTOR will work on continuing the local public health infrastructure within the counties identified in Section II by: 1. Developing objective(s) to address a public health issue; 2. Utilizing resources provided through this contract to conduct activities outlined in the Exhibit A and services that provide or support the delivery of essential public health services; 3. Assessing, monitoring, and evaluating the essential public health activities and services provided through this Program Attachment; and 4. Developing strategies to improve the delivery of essential public health service(s) to identified service area. These tasks shall be performed in accordance with Department of State Health Services (DSHS) Division for Regional and Local Health Services Inter -local Application. The assessment and/or evaluation activities must include measurable standards. Acceptable standards include the National Public Health Performance Standards approved by the Centers for Disease Control and Prevention, Healthy People 2020 related goals and objectives, DSHS Programmatic grant guidance and performance standards relative to the contractors identified scope of work, as well as any federal, state or local law or regulation governing the delivery of essential public health services. Other evaluation methods utilizing standards not listed in this Program Attachment must be pre -approved by DSHS. B. CONTRACTOR will perform activities required under this program attachment in the service area designated in the most recent version of Section 8, "Service Area" of this contract." C. CONTRACTOR will comply with all applicable federal and state laws, rules, regulations and standards including, but not limited to, the following: 1. Chapter 23-11 of the Healthy People 2020; 2. Section 121.002, Texas Health & Safety Code, definition of ten essential public health services; 3. Government Code, Section 403.1055, "Permanent Fund for Children and Public Health". D. CONTRACTOR will not use funds from the Permanent Fund for Children and Public Health for lobbying expenses under the Government Code, Section 403.1067. E. CONTRACTOR will comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Program Attachment. F. DSHS will inform CONTRACTOR in writing of any changes to applicable federal and state laws, rules, regulations, standards and guidelines. CONTRACTOR shall comply with the amended law, rule, regulation, standard or guideline except that CONTRACTOR shall inform DSHS Program in writing if it shall not continue performance under this contract Attachment within thirty (30) days of receipt of an amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. G. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that Page 2 of 13 projected in Contractor's total Contract amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. PERFORMANCE MEASURES: A. CONTRACTOR will complete the PERFORMANCE MEASURES as stated in the CONTRACTOR'S FY15 Local Public Health Service (LPHS) Service Delivery Plan, and as agreed upon by DSHS, hereby attached as Exhibit A. B. CONTRACTOR will provide activities and services as submitted by CONTRACTOR in the following county (ies)/area: BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed OR submitted by fax OR electronic mail to the addresses/number below. Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX #: (512) 776-7442 Email: invoices©dshs.state.tx.us Page 3 of 13 8. Service Area Nueces County Page 4 of 13 This section intentionally left blank. Page 5 of 13 10. Procurement method: Non-Competitive Interagency/Interlocal GST-2012-Solicitation-00025 RLHS GOLIVE LPHS PROPOSAL 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2015 12. Payment Method: Cost Reimbursement 13. Source of Funds: State, State 14. DUNS Number: 069457786 Page 6 of 13 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date Project Service DelivI Quarterly 09/01/2014 11/30/2014 12/31/2014 Project Service DelivI Quarterly 12/01/2014 02/28/2015 03/31/2015 Project Service DelivI Quarterly 03/01/2015 05/31/2015 06/30/2015 Project Service DelivI Quarterly 06/01/2015 08/31/2015 09/30/2015 Financial Status Rep' Quarterly 09/01/2014 11/30/2014 12/31/2014 Financial Status Rep Quarterly 12/01/2014 02/28/2015 03/31/2015 Financial Status Rep Quarterly 03/01/2015 05/31/2015 06/30/2015 Financial Status Rep Quarterly 06/01/2015 08/31/2015 10/15/2015 Submission Instructions: Contractor shall submit Project Service Delivery Plan (Exhibit A) report on a quarterly basis, as noted on the Exhibit A, to the contract manager by the end of the month following the end of each quarter. Submit to: LocalPHTeam@dshs.state.tx.us ; Fax #: 512/776-9347. Contractor shall submit quarterly FSRs to Fiscal -Claims Processing Unit by the last business day of the month following the end of each quarter. Contractor shall submit the final FSR no later than 45 calendar days following the end of the applicable term. Submit to: invoices@dshs.state.tx.us ; Fax #: 512/776-7442. Page 7 of 13 16. Special Provisions SPECIAL PROVISIONS: General Provisions, ARTICLE II COMPLIANCE AND REPORTING, Section 2.03 Reporting, are revised to include the following paragraph: CONTRACTOR will submit quarterly and final performance reports that describe progress toward achieving the objectives contained in approved Contractor's Service Delivery Plan and any written revisions. Contractor will submit the performance reports by the end of the month following the end of each quarter, in a format to be provided by DSHS. Failure to submit a required report of additional requested information by the due date specified in the Program Attachment (s) or upon request constitutes breach of contract, may result in delay payment, and may adversely affect evaluation of Contractor's future contracting opportunities with the department. Programmatic Reporting Submission Requirements: Reports and Report signature page should be sent electronically to: LocalPHTeam©dshs.state.tx.us, or the signature page can sent by facsimile to 512-776-7391. A copy of the report should be sent to the respective DSHS Health Service Region, Attention: Deputy Regional Director. See Programmatic Reporting Requirements section for required reports. General Provisions, ARTICLE III SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staff's time supporting this Program Attachment for response efforts. DSHS will reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor will notify the Assigned Contract Manager in writing when this provision is implemented. General Provisions, ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR, Section 14.01 Responsibilities and Restrictions Concerning Governing Board, Officers and Employees, is not applicable to this program Attachment. General Provisions, ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR, Section 14.20 Equipment (Including Controlled Assets) Purchases, is revised to include the following: For the purpose of this Program Attachment, equipment is not approved as part of the base budget for LPHS. The funds are for direct services. Although, at mid -year of the contract term, if funds are identified as not being used, the funds may be used to purchase equipment in the 3rd quarter of the contract or program attachment term. Contractor must submit proposal to redirect funds with justification as to how the equipment helps achieve the goals, objectives, and deliverables outlined in Exhibit A (Project Service Delivery Plan). The proposal must be submitted to the contract manager assigned to the program attachment. Page 8 of 13 General Provisions, ARTICLE XV GENERAL TERMS, Section 15.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests electronically through the Contract Management and Procurement System (CMPS) at least 90 days prior to the end of the term of this Program Attachment. Page 9 of 13 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2015-000023-00 b. General Provisions Subrecipient General Provisions c. Attachments Budgets d. Declarations Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. Exhibits Project Service Delivery Plan Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi Public Health District By: By: Signature of Authorized Official Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 787-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 10 of 13 Budget Summary Organization Name: Corpus Christi Public Health District Program ID: RLSS/LPHS Contract Number: 2015-000023-00 Budget Categories Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $121,592.00 $0.00 $0.00 $121,592.00 Fringe Benefits $41,597.00 $0.00 $0.00 $41,597.00 Travel $1,079.00 $0.00 $0.00 $1,079.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $100.00 $0.00 $0.00 $100.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Total Direct Costs $164,368.00 $0.00 $0.00 $164,368.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $164,368.00 $0.00 $0.00 $164,368.00 Page 11 of 13 Project Service Delivery Plan Organization Name: Corpus Christi Public Health District Contract Number: 2015-000023-00 Program ID: RLSS/LPHS Contract Term: 09/01/2014 - 08/31/2015 Program Name: RLSS/Local Public Health System -Pi Exhibit A: Local Health Department: Corpus Christi-Nueces County Public Health District Contract Term: September 1, 2014 through August 31, 2015 Indicate in this plan how requested Local Public Health Services (LPHS) contract funds will be used to address a public health issue through essential public health services. The plan should include a brief description of the public health issue(s) or public health program to be addressed by LPHS funded staff, and measurable objective(s) and activities for addressing the issue. List only public health issues/programs, objectives and activities conducted and supported by LPHS funded staff. List at least one objective and subsequent required information for each public health issue or public health program that will be addressed with these contract funds. The plan must also describe a clear method for evaluating the services that will be provided, including identification of a specific evaluation standard, as well as recommendations or plans for improving essential public health services delivery based on the results of the evaluation. Complete the table below for each public health issue or public health program addressed by LPHS funded staff. (Make additional copies of the table as needed) Public Health Issue: Briefly describe the public health issue to be addressed. Number issues if more than one issue will be addressed. 1. Reduce risk of disease transmission within Nueces County. 2. Public health planning and policy development. Essential Public Health Service(s): List the EPHS(s) that will be provided or supported with LPHS Contract funds 1. Diagnose and investigate community health problems and community health hazards. 2. Develop policies and plans that support individual and community efforts to improve health. Objective(s): List at least one measurable objective to be achieved with resources funded through this contract. Number all objectives to match issue being addressed. Ex: 1.1, 1.2, 2.1, 2.2, etc.) 1. Perform appropriate public health investigation, disease detection, prevention, intervention, and documentation for reportable diseases identified within Nueces County. 2. Ensure that policies and protocols for disease control are complete and current. Performance Measure: List the performance measure that will be used to determine if the objective has been met. List a performance measure for each objective listed above. 1. All reportable disease identified in Nueces County will be investigated, will receive appropriate public health intervention, and will be accurately recorded in the Health District database. 2. All policies and protocols related to disease prevention, surveillance, investigation, reporting, and outbreak response will be current, complete, and in compliance with DSHS and CDC standards. Activities List the activities conducted to meet the proposed objective. Use numbering system to designate Page 12 of 13 match between issues/programs and objectives. 1.1 Diagnose and investigate cases of communicable diseases within Nueces County. 1.2 Provide immunizations for vaccine preventable diseases. 1.3 Provide outreach and education related to risks for disease transmission. 1.4 Provide appropriate laboratory testing and laboratory services to diagnose and identify diseases. 1.4.1 Water microbiology testing will be offered to the public to ensure drinking water safety. 1.4.2 Environmental samples will be tested to assure safety or as indicated due to disease outbreak. 1 Review and update policies and protocols for communicable diseases at least yearly. 2.2 Develop protocols or newly identified diseases and health risks in a timely manner. 2.3 Fully inform staff of protocol additions, changes and updates. Evaluation and Improvement Plan List the standard and describe how it is used to evaluate the activities conducted. This can be a local, state or federal guideline. 1.1 DSHS policies and guidelines related to communicable disease investigation and reporting will be followed. 1.2 Number of vaccinations given. 1.3 Number of outreach activities or clinics focused on public health education and/or immunizations. 1.4 Number of STD tests performed. Number of drinking water tested for potability. Environmental samples tested as indicated. 1.4.1 Total number of drinking water specimens 1.4.2 Number of environmental samples tested 2.1 Policies reviewed annually to insure that they comply with current DSHS and CDC recommendations. 2.2 Policies will comply with DSHS and CDC recommendations. 2.3 All communicable disease staff will be provided with information and training concerning any addition, deletion, or change to any communicable disease protocol or policy. Deliverable Describe the tangible evidence that the activity was completed. 1.1 Database of reportable communicable diseases will be maintained and updated continuously. 1.2 Monthly totals of immunizations provided will be calculated and maintained. 1.3 Records of community events will be maintained, with date, topic(s), and numbers of participants recorded. Counseling will be completely documented in 100% of communicable disease client records. 1.4 100% of communicable disease documented will indicate appropriate lab testing was performed. 1.41 Monthly numbers of specimens tested will be recorded. 1.4.2 Monthly numbers of specimens tested will be recorded. 2.1 Evidenced by signed protocol manuals. 2.2 New policies will be generated within 15 days of identification of new diseases or health risks within the community, as evidenced by signed SOP. 2.3 Documentation of all staff training will be maintained. Page 13 of 13 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2015-000014-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $241,637.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2014 and ends on 08/31/2015. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: IMM/LOCALS Immunization Branch -Locals Page 1 of 25 7. Statement of Work: Contractor shall implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children two (2) years of age or younger (0 to 35 months of age). Contractor shall incorporate traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization capacity, and establish uniform operating policies, as described herein. Contractor shall perform the activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service Area" of this contract. Contractor shall be enrolled as a provider in the Texas Vaccines for Children (TVFC) program, which includes a signed Deputization Addendum to TVFC Provider Enrollment Form (E6-102), by the effective date of this Program Attachment, and must adhere to the TVFC Operations Manual and associated TVFC policy guidelines provided by DSHS (located at http://www.dshs.state.tx.us/immunize/tvfc/tvfc_manual.shtm). Contractor shall comply with written policies and procedures provided by DSHS in managing vaccines supplied through the TVFC program, including guidelines for proper storage and handling of vaccines and for safeguarding vaccine in the event of natural disaster. Contractor shall comply with all requirements laid out in the final, approved Work Plan (Exhibit A). • Contractor will use the current vaccine management system as described in the TVFC Operations Manual. • Contractor shall notify providers of changes to vaccine storage and handling, vaccine management reporting, and present updates and training to providers, as requested by DSHS. • Contractor shall plan and implement community-based activities and collaborations to accomplish the required tasks as specified in the final, approved Work Plan (Exhibit A). Contractor shall report all reportable conditions as specified in 25 Texas Administrative Code (TAC) Part I §§97.1-97.6 and §§97.101-97.102, and as otherwise required by law. Contractor shall report all vaccine adverse event occurrences in accordance with the 1986 National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa-25 (located at http://vaers.hhs.gov/ or 1-800-822-7967). Contractor shall inform and educate the public about vaccines, and vaccine -preventable diseases, as described in the DSHS Immunization Contractors Guide for Local Health Departments (located at http://www.dshs.state.tx.us/immunize/docs/contractor/E 11-13985_FY2015_ContractorsGuide.pdf). Contractor shall conduct outreach and collaborative activities with American Indian tribes located within the boundaries of the contractor's jurisdiction. Contractor shall work to promote a health care workforce within the Local Health Department's service area (including Contractor's staff) that is knowledgeable about vaccines, vaccine safety, vaccine -preventable diseases, and delivery of immunization services. Contractor shall not deny vaccinations to recipients because they do not reside within Contractor's jurisdiction or because of an inability to pay an administration fee. Page 2 of 25 Contractor shall comply with all applicable federal and state regulations and statutes, including but not limited to: • Human Resources Code §42.043, VTCA; • Education Code §§38.001-38.002, VTCA; • Health and Safety Code §§12.032, 81.023 and 161.001-161.009, VTCA; • 25 TAC Chapter 97; • 25 TAC, Chapter 96; • 25 TAC, Chapter 100; • 42 USC §§247b and 300 aa -25; • Omnibus Budget Reconciliation Act of 1993, 26 USC §4980B; and • Senate Bill 346. Contractor shall comply with current applicable state and federal standards, policies and guidelines, including but not limited to DSHS's Standards for Public Health Clinic Services, revised August 31, 2004 (located at http://www.dshs.state.tx.us/qmb/default.shtm#public). Contractor shall be responsible for conducting outreach regarding vaccinations for children (19 through 35 months of age in the Contractor's jurisdiction) included on the list distributed to Contractor by DSHS. Lists are distributed at the start of each quarterly reporting period (September 01, 2014, December 01, 2014, March 01, 2015, and June 01, 2015.). Contractor must receive written approval from DSHS before varying from applicable policies, procedures, protocols, and/or work plans, and must update and disseminate its implementation documentation to its staff involved in activities under this contract within forty-eight (48) hours of making approved changes. Contractor shall review monthly grant funding expenditures and salary savings from any grant -paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this contract before the end of the contract term on August 31, 2015. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a monthly basis. If expenditures are below what is projected in Contractor's total Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. SECTION II: PERFORMANCE MEASURES: The following performance measure(s) will be used, in part, to assess Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the terms of the Contract. Contractor shall: • Investigate and document, in accordance with DSHS Texas Vaccine -Preventable Disease Surveillance Guidelines (located at http://www.dshs.state.tx.us/idcu/investigation/conditions/) and NBS Data Entry Guidelines, at least 90% of suspected reportable vaccine -preventable disease cases within thirty (30) days of notification. • Complete 100% of the follow-up activities, designated by DSHS, for TVFC provider quality assurance Page 3 of 25 site visits assigned by DSHS. • Ship overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Health Service Region (HSR) Immunization Program Manager to avoid vaccine waste. • Contact and provide case management to 100% of the number of hepatitis B surface antigen -positive pregnant women identified. • Contact 3% or 250 children per FTE (whichever is more) who are not up-to-date on their immunizations according to the ImmTrac-generated client list provided to the contractor by DSHS at the beginning of each reporting period. • Perform outreach and education activities targeting adolescents 14 to 18 years of age and their parents via health-care providers, health-care clinics, hospitals, and any other health-care facility providing health care to adolescents 14 to 18 years of age to satisfy Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095 requirements. Additional outreach and educational activities may focus on high schools, colleges, and universities. • Participate in at least one collaborative meeting concerning tribal health issues, concerns, or needs with American Indian tribal members during the contract term if American Indian tribes are in their jurisdiction. • Report outreach done, and collaborative efforts made, with the American Indian tribes in the contractor's jurisdiction. • Review 100% of monthly biological reports, vaccine orders (when applicable), and temperature logs for accuracy to ensure the vaccine supply is appropriately maintained and within established maximum stock levels. • Complete 100% of child-care facility and Head Start center assessments, in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. • Complete 100% of public and private school assessments, retrospective surveys, and validation surveys, in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. • Report number of doses administered to underinsured children monthly, as directed by DSHS. • Report the number of unduplicated underinsured clients served, as directed by DSHS. Contractor shall utilize the AFIX (Assessment, Feedback, Incentives, and eXchange) on line tool and methodology, found in the Immunization Quality Assurance Tool Resource Manual, (located at http://www.dshs.state.tx.us/immunize/docs/QA_site_visit.pdf) to assess immunization practices and coverage rates for all sub -contracted entities and non -local health department Women, Infant and Children (WIC) clinics. Immunization provider coverage rates will be generated using the Comprehensive Clinic Assessment Software Application (CoCasa), as specified by DSHS. Contractor shall utilize the Center for Disease Control and Prevention (CDC) Provider education, Assessment, and Reporting (PEAR) system to document TVFC quality assurance site -visits for all sub -contracted entities and non -local health department Women, Infant and Children (WIC) clinics. . Contractor shall submit the final assessment results in the PEAR system within 10 days of conducting the Page 4 of 25 visit. Contractor shall utilize the CDC PEAR system to document TVFC unannounced storage and handling visits conducted at TVFC provider offices. Contractor shall submit the final unannounced storage and handling visit results in the PEAR system within 10 days of conducting the visit. Contractor is required to complete and submit Immunization Inter -Local Agreement Quarterly Report form, utilizing the format provided by the DSHS Program and available at http://www.dshs.state.tx.us/immunize/providers.shtm, by the report due date. Report Type Reporting Period Report Due Date Programmatic 09/1/2014 to 11/30/2014 12/31/2014 Programmatic 12/1/2014 to 02/28/2015 03/31/2015 Programmatic 03/1/2015 to 05/31/2015 06/30/2015 Programmatic 06/1/2015 to 08/31/2015 09/30/2015 Contractors LHD ILA Quarterly Reports should be submitted electronically to dshsimmunizationcontracts©dshs.state.tx.us according to the time frames stated above. SECTION III: SOLICITATION DOCUMENT: Governmental Entity SECTION IV: RENEWALS: There are no renewals. SECTION V: PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List. SECTION V: BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. The Form B-13 can be found at the following link http://www.dshs.state.tx.us/grants/forms/bl3form.doc. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit MC 1940 1100 West 49th Street P. O. Box 149347 Austin, Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 458-7442. The email address is invoices©dshs.state.tx.us. Page 5 of 25 8. Service Area Nueces County Page 6 of 25 This section intentionally left blank. Page 7 of 25 10. Procurement method: Non -Competitive GST -2012 -Solicitation -00022 Interagency/Interlocal DCPS "GOLIVE" IMMUNIZATION LOCALS PROPOSAL 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2015 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.268, 93.268, 93.268, 93.268, 93.268, 93.268, State 14. DUNS Number: 069457786 Page 8 of 25 15. Programmatic Reporting Requirements: Report Name LHD ILA Quarterly RI LHD ILA Quarterly RI LHD ILA Quarterly RI LHD ILA Quarterly RI Financial Status Rep Financial Status Rep Financial Status Reps Financial Status Reps Frequency Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Period Begin 09/01/2014 12/01/2014 03/01/2015 06/01/2015 09/01/2014 12/01/2014 03/01/2015 06/01/2015 Period End 11/30/2014 02/28/2015 05/31/2015 08/31/2015 11/30/2014 02/28/2015 05/31/2015 08/31/2015 Submission Instructions: LHD ILA Quarterly Reports shall be sent to dshsimmunizationcontracts©dshs.state.tx.us. Financial Status Reports shall be sent to invoices©dshs.state.tx.us. Due Date 12/31/2014 03/31/2015 06/30/2015 09/30/2015 12/31/2014 03/31/2015 06/30/2015 10/15/2015 Page 9 of 25 16. Special Provisions General Provisions, ARTICLE III SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staff's time supporting this Program Attachment for response efforts, as pre -approved in writing by DSHS. DSHS shall reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. General Provision, ARTICLE IV. FUNDING, Section 4.03 Use of Funds, is revised to include: • Funds shall not be used for purchase of vaccines, inpatient care, construction of facilities, or debt retirement. For immunization activities performed under this Program Attachment, General Provisions, ARTICLE XIV. General Business Operations of Contractor, Section 14.06 Overtime Compensation, is replaced with the following paragraphs: • Contractor is authorized to pay employees who are not exempt under the Fair Labor Standards Act (FLSA), 29 USC, Chapter 8, §201 et seq., for overtime or compensatory time at the rate of time and one-half per FLSA. • Contractor is authorized to pay employees who are exempt under FLSA on a straight time basis for work performed on a holiday or for regular compensatory time hours when the taking of regular compensatory time off would be disruptive to normal business operations. • Authorization for payment under this provision is limited to work directly related to immunization activities and shall be in accordance with the amount budgeted in this contract Attachment. Contractor shall document proper authorization or approval for any work performed by exempt or non-exempt employees in excess of forty (40) hours per work week. • All revenues directly generated by this Program Attachment or earned as a result of this Program Attachment during the term of this Program Attachment are considered program income; including income generated through Medicaid billings for immunization related clinic services. The Contractor shall use this program income to further the scope of work detailed in this Program Attachment, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. Program income shall not be used for purchase of vaccines, inpatient care, construction of facilities, or debt retirement. General Provisions, ARTICLE XV. GENERAL TERMS, Section 15.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 10 of 25 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2015-000014-00 b. General Provisions Subrecipient General Provisions c. Attachments Budgets d. Declarations Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. Exhibits Exhibit A Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi Public Health District By: By: Signature of Authorized Official Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 787-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 11 of 25 Budget Summary Organization Name: Corpus Christi Public Health District Program ID: IMM/LOCALS Contract Number: 2015-000014-00 Budget Categories Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $192,036.00 $0.00 $0.00 $192,036.00 Fringe Benefits $44,380.00 $0.00 $0.00 $44,380.00 Travel $4,886.00 $0.00 $0.00 $4,886.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $335.00 $0.00 $0.00 $335.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Total Direct Costs $241,637.00 $0.00 $0.00 $241,637.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $241,637.00 $0.00 $0.00 $241,637.00 Page 12 of 25 Exhibit A Organization Name: Corpus Christi Public Health District Contract Number: 2015-000014-00 Program ID: IMM/LOCALS Contract Term: 09/01/2014 - 08/31/2015 Program Name: Immunization Branch -Locals UNIT A Program Stewardship and Accountability Contractor General Requirement Unit A-1: Implement a comprehensive immunization program. Activities under this requirement shall be conducted in accordance with the Department of State Health Services (DSHS) Immunization Contractors Guide for Local Health Departments. Activities: • Adhere to Standards for Child and Adolescent Immunization Practices and Standards for Adult Immunization Practices found at: http://www.cdc.gov/vaccines/pubs/pinkbook/downloads/appendices/H/standards-pediatric.pdf and http://www.cdc.gov/vaccines/pubs/pinkbook/downloads/appendices/H/standards-adult.pdf. • Maintain current policies in compliance with the DSHS Immunization Contractors Guide for Local Health Departments and have them available to Contractor's staff. • Lapse no more than 5% of total funded amount of the contract. o Maintain and adjust spending plan throughout the contract term to avoid lapsing funds. o Account for and use Program Income appropriately throughout the contract term. o Maintain staffing levels to meet required activities of the contract and to ensure that all funds in the personnel category are expended. • Submit required Quarterly Local Health Department (LHD) Inter -Local Agreement (ILA) Reports to DSHS Immunization Contracts at dshsimmunizationcontracts©dshs.state.tx.us by Close of Business (COB) on December 31, 2014; March 31, 2015; June 30, 2015; and September 30, 2015 or the next business day if the date falls on a weekend or state approved holiday. • Submit Corrective Action Plan (CAP) letter to DSHS Contract Management Unit (CMU) within fifteen (15) business days after On -Site Evaluation if findings are not resolved at time of site visit to the satisfaction of the HSR Immunization Program Manager and DSHS Immunization Branch Contracts staff. Contractor General Requirement Unit A-2: Complete Texas Vaccines for Children (TVFC) site visits, TVFC unannounced visits, and follow-up visits assigned by DSHS Immunization Branch or DSHS Health Service Region Immunization Program staff within prescribed timeframes outlined in the TVFC Operations Manual. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Conduct TVFC site visit follow-up and submit results following the process described and within deadlines established in the TVFC Operations Manual. • Conduct TVFC site visits in 100% of subcontracted entities as listed in the Inter -Local Application and Page 13 of 25 non -Local Health Department WIC immunization clinics, if applicable. • Conduct TVFC unannounced storage and handling visits at TVFC enrolled provider offices within the jurisdiction following the process described and within deadlines established in the TVFC Operations Manual. Contractor General Requirement Unit A-3: Ensure that expired, wasted, and unaccounted-for vaccines do not exceed 5% in Contractor's clinics. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and TVFC Operations Manual. Activities: • Ensure that expired, wasted, and unaccounted-for vaccines do not exceed 5% in Contractor's clinics. • Ensure that all expired, spoiled/wasted vaccines is appropriately identified and entered into the Electronic Vaccine Inventory (EVI) system. • Maintain storage and handling policies and procedures according to the TVFC Operations Manual. (http://www.dshs.state.tx.us/immunize/tvfc/tvfc.manual.shtm) • Ensure that appropriate Vaccine Management plan is in place at each clinic location and that it includes an updated Emergency Contingency Plan. • Ensure that overstocked vaccines or those vaccines nearing expiration are shipped to alternate providers as directed by the Health Service Region (HSR) Immunization Program managers, for timely use to avoid vaccine waste. Contractor General Requirement A-4: Implement a plan to assure that vaccines provided through the TVFC program are not provided inadvertently to fully privately insured individuals, including children covered by S -CHIP. Establish and maintain protocols for screening individuals for eligibility and insurance coverage before administering vaccines provided through the TVFC program. Contractors may use Patient Eligibility Screening Form (C-10) or electronically store this information. Any child who upon screening meets one of the eligibility criteria listed below and who is 18 years of age or younger qualifies for state or federal vaccine through the TVFC program: a. Eligible for Vaccine For Children (VFC) Vaccine: • Medicaid Enrolled, • No Health Insurance, • American Indian or Alaskan Native, or • Underinsured* served by a Federally Qualified Health Center, Rural Health Clinic, or a deputized provider. b. Eligible for State/Federal Vaccine: • Enrolled in CHIP**, or • Other Underinsured***. Page 14 of 25 • Underinsured includes children with health insurance that does not include vaccines or only covers specific vaccine types. Children are only eligible for vaccines that are not covered by insurance. In addition, to receive VFC vaccine, underinsured children must be vaccinated through a Federally Qualified Health Center (FQHC) or Rural Health Clinic (RHC) or under an approved deputized provider. The deputized provider must have a written agreement with an FQHC/RHC and the state/local/territorial immunization program in order to vaccinate underinsured children. ** Children enrolled in separate state Children's Health Insurance Program (CHIP). These children are considered insured and are eligible for vaccines through the TVFC program as long as the provider bills CHIP for the administration of the vaccine. *** Other underinsured are children that are underinsured but are not eligible to receive federal vaccine through the VFC program because the provider or facility is not a FQHC/RHC or a deputized provider. However, these children may be served if vaccines are provided by the state program to cover these non-VFC eligible children. UNIT B Assessing Program Performance Contractor General Requirement Unit B-1: Conduct educational, promotional, and outreach activities for the general public to enhance immunization awareness, including distribution of DSHS-provided materials. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Contractor will provide vaccine and immunization education to target audiences and to the general public on the benefits of vaccination, the risk of vaccine -preventable diseases, staying on the Advisory Committee on Immunization Practices (ACIP) Recommended Immunization Schedule(s), and the importance of not missing any vaccines. • Inform and educate parents of infants, children, adolescents, adults (men and women), grandparents, seniors, health-care providers, and the general public about vaccines for all age groups and vaccine -preventable diseases. Information should include the importance and benefits of being fully vaccinated, vaccine recommendations, and the location of community vaccination clinics. • Conduct at least one monthly immunization education activity specifically directed to one of the target groups as directed by DSHS. • Conduct at least twelve (12) outreach and educational activities during the contract period in accordance with Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095, to each of the following audiences: health-care providers, health-care clinics, hospitals, and any other health-care facility providing health care to adolescents 14 to 18 years of age and report results on the Quarterly Report. Additional outreach and educational activities may focus on high schools, colleges, and universities. • Document the activity with the number and type of participants and evaluate activity by obtaining feedback from participants. • Use national immunization observances as opportunities to conduct specific education and promotional Page 15 of 25 activities to give emphasis to the importance and benefits of vaccines: National Infant Immunization Week (NIIW), National Immunization Month (NIM), National Adult Immunization Week (NAIW), and National Influenza Week (NIW). • Develop and implement a written communications and customer service plan to assure customers receive consistent, correct immunization information and services in a courteous and friendly manner on a timely basis. • Participate in special initiatives as directed by DSHS, such as the Dairy Queen Coupon project, the Hallmark Card Governor's Program, and others. • Participate in statewide media campaigns by distributing DSHS-developed and produced public service announcements and materials to local television and radio stations, newspapers, parent publications, university newspapers, high school newspapers, and neighborhood newspapers. • Promote www.ImmunizeTexas.com, the Immunization Branch's website; The Upshot, electronic newsletter; and the Vaccine Advisory, vaccine newsletter to providers in the Contractor's jurisdiction. • Promote and distribute immunization literature for the public to TVFC providers and Contractor's clinics. • Provide information to clients, families, health-care providers, and the general public on the purpose of ImmTrac, the benefits of ImmTrac participation, and the importance of maintaining a complete immunization history in ImmTrac. • Inform the general public about the Texas Vaccines for Children (TVFC) program and the qualifications to participate in it. • Distribute TVFC information and educational materials at venues where parents of TVFC-eligible children might frequent. • Inform and highly recommend to the medical community and local providers within the Contractor's' jurisdiction on the annual Centers for Disease Control and Prevention (CDC) Epidemiology and Prevention of Vaccine -Preventable Disease (EPI -VAC) training. Establish collaborative efforts with appropriate community entities regarding promoting immunizations and the reduction of vaccine -preventable diseases. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Identify providers, hospitals, schools, child-care facilities, social service agencies, and community groups involved in promoting immunizations and reducing vaccine -preventable diseases. • List and maintain contact information of group members and collaborations and identify the best practices they are promoting. • Maintain written agreements and updates of group members and collaborations. • Document communications, group meetings, and planning of activities that promote the Best Practices identified in contract agreement. Documents are to be accessible during site visits. • Report new group members on the Quarterly Report. Contractor General Requirement Unit B-2: When assigned by DSHS, complete 100% of child-care facility and Head Start center assessments and child-care audits. Activities under this requirement shall be conducted in accordance with the DSHS Page 16 of 25 Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. When assigned by DSHS, complete 100% of public and private school assessments, retrospective surveys, and validation surveys. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. Activities: • Complete and report 100% of required audits/assessments as assigned by the Immunization Branch, DSHS. These will include: o Texas Child -Care Immunization Assessment o Child -Care Audit o Annual Report of Immunization Status (school self -assessments) o School Audit o Texas School Immunization Validation Survey o Texas County Retrospective Immunization School Survey (TCRISS) • Assigned surveys/assessments must be completed utilizing the instructions in DSHS Immunization Contractors Guide for Local Health Departments and the Population Assessment Manual. • Monitor vaccination and exemptions per respective areas for completed audits/assessments. • Analyze, provide feedback, and monitor vaccination trends for public school districts, private schools, licensed child-care facilities, and registered family homes to increase vaccination coverage using audit/assessment data. • Identify trends and areas of need for local health department jurisdictions and coordinate interventions. • Collaborate with school/child-care facilities and registered family homes to identify needed improvements. Report these results/findings to the Assessment, Compliance and Evaluation Group, Immunization Branch, DSHS. Contractor General Requirement B-3: Work with TVFC providers to develop quality improvement processes to increase coverage levels and decrease missed opportunities using AFIX components, as appropriate, and move toward use of IIS as primary source of data for provider coverage level assessment by the end of project period. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and the Texas Vaccine For Children Provider Manual. Activities: • Conduct immunization coverage level assessments utilizing the AFIX online tool and (CoCASA) in 100% of subcontracted entities as listed in the Inter -Local Application and non -Local Health Department WIC immunization clinics, if applicable. • Conduct TVFC quality assurance site -visits for all sub -contracted entities and non -local health department Women, Infant and Children (WIC) clinics utilizing the CDC Provider Education, Assessment, and Reporting (PEAR) system and submitting the final assessment results in the PEAR system within 10 days of conducting the visit. • Conduct TVFC unannounced storage and handling visits at TVFC provider offices utilizing the CDC Page 17 of 25 PEAR system and submitting the final unannounced storage and handling visit results in the PEAR system within 10 days of conducting the visit. Contractor General Requirement B-4: Investigate and document at least 90% of reportable suspected vaccine -preventable disease cases within thirty (30) days of notification in accordance with DSHS Texas Vaccine -Preventable Disease (VPD) Surveillance Guidelines (http://www.dshs.state.tx.us/idcu/health/vaccine_preventable_diseases/resources/) and National Electronic Disease Surveillance System (NEDSS). Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Adhere to the DSHS VPD Surveillance Guidelines, NEDSS Data Entry Guidelines, and Epi -Case Criteria Guide (https://txnedss.dshs.state.tx.us:8009/PHI NDox/UserResources/Epi%20Case%20Criteria%20Guide%2020 12.pdf) in conducting this General Requirement and the associated activities. • Complete all data entry into NEDSS Base System (NBS) following the NBS data Entry Guidelines. (https://txnedss.dshs.state.tx.us:8009/PHI NDox/UserResources/Data_Entry_Guidelines_2007.pdf). • Verify and enter complete vaccination history in NBS on all VPD investigations with case status of confirmed or probable. Complete vaccination history should be assessed through ImmTrac, provider offices, school records, or patient records. • Routinely review and follow up on all VPD laboratory reports received, including electronic lab reports (ELRs) sent from DSHS through NBS and Health Alert Network (HAN). • Provide feedback on any unmet performance measures during each Quarterly Report review. • All new VPD surveillance staff will attend Introduction to NBS training and complete the certification process in order to gain access to the NBS system. Contractor General Requirement Unit B-5: Educate, inform, and train the medical community and local providers within Contractor's jurisdiction on immunization activities listed below. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Provide training on TVFC requirements and updates (as described in the TVFC Operations Manual) to TVFC providers annually at a minimum. • Ensure that the TVFC providers have the most up-to-date, DSHS-produced immunization information in their offices. • Provide training, information, and technical assistance to promote the effective use of ImmTrac by private providers (which includes education regarding the benefits of ImmTrac participation). • Educate private providers about the ImmTrac enrollment process and the statutory requirement to report immunizations. • As directed by DSHS identify first responders and their immediate family in the community and inform Page 18 of 25 them of the opportunity to be included in ImmTrac. • Conduct educational training for hospital and health-care providers within the Contractor's jurisdiction, to increase mandatory screening and reporting of hepatitis B surface antigen (HBsAg_ - positive women. • Provide training on the prevention of Perinatal Hepatitis B to providers within the Contractor's jurisdiction. • Educate physicians, laboratories, hospitals, schools, child-care staff, and other health providers on VPD reporting requirements. • Educate and update providers on the most currentACIP recommendations for all age groups, as well as on applicable regulatory vaccination requirements. • Provide training relating to Standards for Child and Adolescent Immunization Practices (http://www.cdc.gov/vaccines/schedules/hcp/child-adolescent.html) and Standards for Adult Immunization Practices (http://www.cdc.gov/vaccines/schedules/hcp/adult.html) to all immunization providers within Contractor's jurisdiction. • Inform all private providers on the federal requirement that the most current Vaccine Information Statements (VIS) must be distributed to patients (http://www.cdc.gov/vaccines/pubs/vis/default.htm). • Promote a health-care workforce that is knowledgeable about vaccines, vaccine recommendations, vaccine safety, vaccine -preventable diseases, and the delivery of immunization services. • Educate health-care workers on the need to be vaccinated themselves. • Provide information to community health-care employers (hospitals, clinics, doctor's offices, long-term care facilities) about the importance of vaccination of health-care workers. • Educate private providers to send National Immunization Surveys (NIS) to the Contractor for research prior to returning the survey to CDC, if applicable. • Coordinate educational and other activities with local WIC programs to assure that children participating in WIC are screened and referred to their "medical home" for vaccination using a documented immunization history in accordance with the Standards for Child and Adolescent Immunization Practices (http://www.cdc.gov/vaccines/schedules/hcp/child-adolescent.html). • Offer educational opportunities to all WIC programs in the service area, including information about on-line and satellite -broadcast continuing education opportunities from the Centers for Disease Control and Prevention (CDC) Continuing Education web site (http://www.cdc.gov/vaccines/ed/default.htm). • Report on education, training, outreach activities or collaborative efforts conducted to the medical community and local providers in the Contractor's jurisdiction and the outcomes on each Quarterly Report. UNIT C Assuring Access to Vaccines Contractor General Requirement Unit C-1: Engage American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations located within contracted local health department boundaries in immunization activities. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Page 19 of 25 Activities: • Perform education, training, outreach activities and provide technical assistance for American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations. • Report on education, training, outreach activities, or collaborative efforts conducted to American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations and the outcomes on each Quarterly Report. Contractor General Requirement Unit C-2: Provide immunization services and ACIP -recommended vaccines in Contractor's clinics to children, adolescents, and adults to maximize vaccine coverage levels within Contractor's jurisdiction. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Ensure that all ACIP recommended vaccines are routinely available to TVFC patients and that Adult Safety Net vaccines are available to eligible adult patients. • Recommend the simultaneous administration of all needed vaccines for the patient. • Follow only medically supportable contraindications to vaccination. • Verbally educate patients and parents/guardians about the benefits and risks of vaccination and distribute DSHS educational materials as applicable as part of this conversation. • Discuss, and attempt to schedule, the next immunization visit at each client encounter. • Explain the benefits of a "medical home" and assist the parent/guardian in obtaining or identifying the child's medical home. • Use a Reminder/Recall system (manual, TWICES, ImmTrac, or other system). • Establish "standing orders" for vaccination in Contractor's clinics, consistent with legal requirements for standing orders (including, but not limited to, those found in the Texas Medical Practice Act). • Implement an employee immunization policy according to CDC recommendations in Contractor's clinics. Enroll and sustain a network of TVFC and other providers to administer federally funded vaccines to program -eligible populations according to CDC/ACIP and National Vaccine Advisory Committee (NVAC) standards. Conduct recruitment to increase the number of ImmTrac providers, TVFC providers, and Perinatal Hepatitis B Providers. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Conduct recruitment activities as defined in the TVFC Operations Manual with providers on the DSHS-supplied provider recruitment list. • Target adolescent health-care providers for recruitment and emphasize adolescent vaccine requirements and recommendations Page 20 of 25 Contractor General Requirement Unit C-3: Assure compliance with Health and Human Services (HHS) Deputization Guidance. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Annually sign Deputization Addendum to Texas Vaccines for Children Program (TVFC) Provider Enrollment Form (E6-102), and provide immunization services to underinsured children. • Report monthly the number of vaccine doses administered to underinsured clients by age categories 0-6 and 7-18 years of age as directed by DSHS. • Report monthly the number of unduplicated underinsured clients served by age categories 0-6 and 7-18 years of age as directed by DSHS. Contractor General Requirement Unit C-4: Work with partners, as appropriate, to assure coordination of the following activities in order to prevent perinatal hepatitis B transmission. a.) Identification of HBsAg -positive pregnant women. b.) Newborn prophylaxis with hepatitis b vaccine and hepatitis B immune globulin (HBIG). c.) Timely completion of doses two and three. d.) Post -vaccination serology. Ensure all pregnant women are screened for HBsAg and that all HBsAg -positive pregnant women are reported to DSHS. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Develop a surveillance system that includes prenatal care providers, obstetrical and gynecological care providers, family practitioners, and labor and delivery facilities to assure all HBsAg -positive pregnant women are reported to DSHS within one week of diagnosis. • Educate prenatal care providers to ensure they are screening pregnant women for HBsAg status during each pregnancy; implement procedures for documenting HBsAg screening results in prenatal care records, and forward original laboratory results to the delivery facility. • Educate delivery hospitals to ensure they verify prenatal HBsAg test results of pregnant women on admission for delivery and test for HBsAg at delivery. • Provide DSHS produced educational materials on how to prevent perinatal hepatitis B transmission for distribution to appropriate clients in agencies that include WIC, religious organizations, refugee/immigration assistance programs, and other community-based organizations. • Provide trainings, as directed by DSHS, to delivery hospitals on reporting HBs -Ag positive test results for women who have delivered at their facilities. • Submit a Perinatal Hepatitis B (PHB) quarterly report to the Perinatal Hepatitis B Prevention Program Page 21 of 25 Coordinator reporting educational trainings conducted. Ensure that all infants born to HBsAg -positive women and women whose HBsAg status is unknown will receive the first dose of the hepatitis B vaccine and hepatitis B immune globulin (HBIG) within 12 hours of birth. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Ensure all labor and delivery facilities develop standing orders and policies to administer the first dose of the hepatitis B vaccine and HBIG to at -risk infants within 12 hours of birth. • Identify labor and delivery facilities that do not have standing orders and/or policies and educate providers to establish standing orders and policies to administer to at -risk infants the first dose of the hepatitis B vaccine and HBIG within 12 hours of birth. •\ Determine the number of newborns that do not receive the first dose of the hepatitis B vaccine and/or the hepatitis B immune globulin and work with those facilities to ensure all at -risk infants receive the hepatitis B vaccine series and hepatitis B immune globulin within 12 hours of birth. • Report to DSHS all infants born to HBsAg -positive women within fifteen (15) calendar days of the event. Ensure that 100% of the number of identified infants born to HBsAg -positive women will complete the hepatitis B vaccine series and post -vaccination serology testing. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Administer or obtain from the provider or ImmTrac the complete hepatitis B vaccine series. Infants shall complete the hepatitis B vaccine series by 6 — 8 months of age if the infant receives a single antigen or Pediarix vaccine and by 15 months of age if the infant receives the Comvax series. • Perform post -vaccination serology testing or obtain from the provider the post -vaccination serology testing results to determine immunity against hepatitis B. Post vaccination serology testing shall be done by 9 — 15 months of age if the infant received a single antigen or Pediarix vaccine and by 18 months of age if the infant received the Comvax vaccine series. • For all cases documented as a lost to follow-up on the Perinatal Hepatitis B case management form, report the number and types of attempted activities performed in locating the mother or guardian of the infant to DSHS on the Perinatal Hepatitis B case management form. Contractor General Requirement C-5 All household contacts over 24 months of age and sexual partners of reported HBsAg -positive women shall be referred for serologic testing to determine susceptibility status in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Household contacts over the age of 24 months and sexual contacts are not eligible for the program. They should be referred to health care providers for screening and vaccination if susceptible. The number of Page 22 of 25 contacts over age 24 months identified and referred to a health care provider is to be documented on the woman's case management form. Ensure all household contacts below or equal to 24 months of age are case managed as appropriate to ensure the infant completes the hepatitis B vaccine series and receives post -vaccination serology testing as scheduled. A contact case management form should be completed for all contacts under or equal to 24 months of age and case management activities performed. UNIT D Immunization Information Technology Infrastructure -Assure that the immunization information technology infrastructure supports program goals and objectives. Contractor General Requirement Unit D-1: Promote provider site participation and assure immunization record completeness, timeliness, accuracy, efficiency, and data use to support immunization program goals and objectives. Effectively utilize ImmTrac, the statewide immunization registry, in Contractors' clinics. Work in good faith, and as specified herein, to increase the number of children less than six (6) years of age who participate in ImmTrac. Work in good faith and as specified herein, to ensure ImmTrac registered private providers use ImmTrac effectively as defined in the DSHS Immunization Contractors Guide for Local Health Departments. Activities under the requirements above shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments Activities: • Recruit new private provider sites for ImmTrac. • Search for the client's immunization history at every client encounter. • Review the client's record for vaccines due and overdue according to the CDC Recommended Schedules at: http://www.cdc.gov/vaccines/schedules/index.html. • Report to ImmTrac all immunizations administered to children (younger than 18 years of age) and consented adults in Contractor's clinics, either directly into ImmTrac or through TWICES. • Follow and explain recommended guidelines for obtaining and submitting ImmTrac consent forms according to the instructions found at http://www.dshs.state.tx.us/immunize/docs/consent_guidelines.pdf. • Implement changes to the consent process as directed by DSHS. • Offer updated Immunization History Report to the client or client's parent or guardian at every client encounter. • At every client encounter, compare all immunization histories (ImmTrac, TWICES, validated patient -held records, clinic medical record) and enter into ImmTrac or TWICES any historical immunizations not in Page 23 of 25 ImmTrac. • Verbally and with DSHS produced literature, inform parents presenting at Contractor's clinics about ImmTrac and the benefits of inclusion in ImmTrac. • Provide orientation to all ImmTrac providers at least once a year and maintain documentation of all technical assistance provided (e.g., telephone logs). • Explain and demonstrate the effective use of ImmTrac according to the instructions located in the DSHS Immunization Contractors Guide for Local Health Departments. • Conduct follow-up with registered ImmTrac providers who are inactive or not using ImmTrac effectively. • Train ImmTrac providers' staff on ImmTrac data entry and quality standards. • Update all demographic information, including address and telephone number, at every client encounter. • Conduct outreach (including, but not limited to, the specific outreach described in the DSHS Immunization Contractors Guide for Local Health Departments) to families of children 19 to 35 months of age who are not up-to-date on their immunizations according to ImmTrac; locate additional immunization histories; and enter history data into ImmTrac. • Collaborate with prenatal health-care providers, birth registrars, hospital staff, pediatricians, and other entities to educate parents, expectant parents, and providers about ImmTrac and the benefits of participation. Includes the dissemination of DSHS educational materials as appropriate. • Identify and contact families of children for whom ImmTrac consent has been granted but who do not have complete immunization records in ImmTrac. • Identify all providers who administer vaccine in awardee's jurisdiction, including both pediatric and adult immunization providers. • Collaborate with partners and develop a provider recruitment strategy to include complementary vaccinators, such as pharmacists and school -located vaccination clinics. • Encourage ImmTrac participation among providers. • Use and train providers on the use of the new immunization information system (IIS) as the system becomes available. Contractors General Requirement Unit D-2: Incorporate dose -level accountability into IIS functionality so that information can be received and stored (Dose -level accountability includes assigned a provider -determined program eligibility category for a patient to each administered dose of vaccine. • Conduct education and monitoring of providers to improve eligibility tracking and reporting. Contractors General Requirement Unit D-3: Assure provider participation in vaccine ordering and inventory management using the Electronic Vaccine Inventory system. • Educate providers regarding vaccine ordering policies. • Train providers to use the Electronic Vaccine Inventory system for inventory and order entry. • Train providers on the use of the new IIS system as the system is available. Page 24 of 25 Assist all other TVFC providers in local jurisdiction with maintenance of appropriate vaccine stock levels. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and TVFC Operations Manual. Activities: • Evaluate maximum vaccine stock levels twice a year in all TVFC provider clinics under Contractor's jurisdiction and assess providers' inventories when visiting clinics. This activity will become part of the Electronic Vaccine Inventory (EVI) system and local health departments will be advised if any assistance on this activity is needed. • Review 100% of all vaccine orders, monthly biological reports, and monthly temperature logs for accuracy and to ensure that the vaccine supply requested is within established guidelines. Review may be done from a paper report or on the EVI system. • If vaccine is available locally, conduct transfers and/or deliveries to support the TVFC providers requesting assistance. • Educate and assist all TVFC providers with TVFC Provider Choice, as directed by DSHS. • Offer provider updates, training, and information as changes to vaccine management occur Page 25 of 25 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2015-001398-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $62,173.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2014 and ends on 08/31/2015. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: TB/PC-STATE Tuberculosis Prevention and Control -State Page 1 of 16 7. Statement of Work: SECTION 1. STATEMENT OF WORK A. PROVISION OF SERVICES: Throughout the Contractor's defined service area, Contractor shall develop and provide services and associated activities to prevent and control tuberculosis in their jurisdiction. Contractor shall perform activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service Area" of this contract. Contractor shall provide these services in compliance with the following: •DSHS Tuberculosis Work Plan, http://www.dshs.state.tx.us/idcu/disease/tb/policies/ DSHS Standards of Performance for the Prevention and Control of Tuberculosis, http://www.dshs.state.tx.us/I DCU/disease/tb/publications/SOP-2014-final.doc; •DSHS Standards for Public Health Clinic Services, http:// www.dshs.state.tx.us/qmb/dshsstndrds4clinicservs.pdf; •American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5211a1 .htm; •Diagnostic Standards and Classification of Tuberculosis in Adults and Children, (American Journal of Respiratory and Critical Care Medicine), Vol. 161, pp. 1376-1395, 2000) http://ajrccm.atsjournals.org/cg i/content/full/161 /4/1376; •Treatment of Tuberculosis, (ATS/CDC/IDSA), 2003; •Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, http://www.cdc.gov/mmwr/PDF/rr/rr4906.pdf; •Updated: Adverse Event Data and Revised ATS/CDC Recommendations against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis Infection — United States, 2003, MMWR 52 (No. 31), http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5231a4.htm; •Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005 at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5412a1.htm; and •Guidelines for the Prevention and Treatment of Opportunistic Infections Among HIV -Exposed and HIV -Infected Children, http://www.cdc.gov/mmwr/pdf/rr/rr58e0826.pdf. Contractor shall comply with all applicable federal and state regulations and statues, including, but not limited to, the following: •Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B; Page 2 of 16 •Communicable Disease Prevention and Control Act, Health and Safety Code, Chapter 81; •Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities, Health and Safety Code, Chapter 89; •Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of Communicable Diseases; and •Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter H, Tuberculosis Screening for Jails and Other Correctional Facilities. Contractor shall perform all activities under this Program Attachment in accordance with the Tuberculosis and Refugee Health Services Branch, Tuberculosis Work Plan (attached as Exhibit A), and detailed budget as approved by DSHS. Contractor must receive written approval from DSHS before varying from applicable procedures in the final approved work plan, and must update its implementation documentation within forty-eight (48) hours of making approved changes so that staff working on activities under this contract know of the change(s). DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Renewal Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Use of Funds: Contractor shall demonstrate fiduciary responsibility in administering program funds. Contractor shall provide a match of no less than 20% of the total budget reflected in the Program Attachment. Contractor shall provide match at the required percentage or DSHS may withhold payments, use administrative offsets, or request a refund from Contractor until such time as the required match ratio is met. No federal or other grant funds can be used as part of meeting the match requirement. Contractor shall not use DSHS funds or matching funds (including in-kind contributions) for: 1. Entertainment; or 2. Sectarian worship, instruction, or proselytization. However, food and incentives are allowed using DSHS funds, but are not allowed for matching funds (including in-kind contributions). Contractor shall provide TB services to individuals with suspected or confirmed TB disease including persons identified as a contact to a known case or suspect, refugees and class B immigrants regardless of their ability to pay for services. Contractor shall: 1. Lapse no more than 5% of the total funded amount of the contract. 2. Maintain and adjust spending plan throughout the contract term to avoid lapsing funds. 3. Maintain staffing levels to meet required activities of the contract and to ensure all funds in personnel category are expended. Contractor's budget shall include costs to cover required TB trainings and continuing education training. Page 3 of 16 Contractor's budget shall include costs to cover patient transportation i.e. ambulance services as needed. B. REPORTING: Contractor shall provide a complete and accurate Annual Progress Report covering the period from January to December 2014, in the format provided by DSHS, demonstrating compliance with requirements of the Program Attachments during that time period. The report shall include, but not limited to, a detailed analysis of performance related to the performance measures listed below. The Contractor's Annual Progress Report shall not be combined with another Contractor's or health service region's Annual Progress Report. The report is due February 13, 2015, and shall be sent to the TB Reporting Mailbox - TBContractReporting©dshs.state.tx.us. For any individual -level patient data will need to be sent to Public Health Information Network (PHIN). Contractors can mail the Annual Progress Report to their DSHS health service region thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to DSHS health service region, the deadline for submission to TB and Refugee Health Services Branch remains unchanged. Contractor shall maintain documentation used to calculate performance measures as required by General Provisions Article VIII "Records Retention" and by Texas Administrative Code Title 22, Part 9 Chapter 165, §165.1 regarding retention of medical records. Contractor shall adhere to all reporting requirements documented in the Tuberculosis Work Plan and CDC Tuberculosis Surveillance Data Training Report of Verified Case of Tuberculosis (RVCT) Instruction Manual, http://www.cdc.gov/tb/programs/rvct/InstructionManual.pdf. C. TRAINING: Contractor shall provide orientation and training to all employees involved in TB activities including physicians, nurses, contact investigators, outreach workers, case registry staff, receptionists, and other support staff. Within 90 days of employment, all newly hired employees shall complete required TB training specific to their duties and responsibilities. Refer to the Tuberculosis Work Plan for required trainings for newly hired employees. Each year, employees providing TB services shall receive 16 hours of continuing education or training relevant to their position. Documentation of all training (including the hours, topics, and dates) shall be retained for each employee who delivers TB services and made available upon request by DSHS Tuberculosis and Refugee Health Services Branch and listed in detail in the Accomplishments section of the Annual Progress Report. Contractor's case registry staff shall attend annual medical records conference and workshop to obtain the latest records management procedures. D. MEDICATIONS AND SUPPLY INVENTORY MANAGEMENT: Contractor shall order medications through DSHS-enabled pharmacy ordering system. Contractor shall assure anti -TB medications and supplies purchased with DSHS Tuberculosis and Refugee Health Services Branch funds are used in a prudent manner that contributes to disease control in their service area. Contractor shall monitor and manage its usage of anti -tuberculosis medications and testing supplies furnished by DSHS in accordance with first -expiring -first -out (FEFO) principles of inventory control to minimize waste for those products with expiration dates and set maximum stock levels at a two (2) month supply for first-line drugs, one (1) month supply for second -line drugs, and based on number of patients Page 4 of 16 receiving treatment. Contractor shall obtain approval from the TB and Refugee Health Services Branch prior to ordering Priftin. In addition, a TB expert physician consultation and approval from the TB and Refugee Health Services Branch shall be obtained by the contractor before second -line injectables, as well as Moxifloxin, Levoquin, and Linezolid can be dispensed by the DSHS Pharmacy Services Branch. Contractor shall only provide Purified Protein Derivative (PPD) and syringes for TB skin testing to Texas Health and Safety Code, Chapter 89 correctional facilities. No later than the seventh (7) working day of every month, the Contractor shall perform a physical count of its inventory of anti -tuberculosis medications and tuberculosis testing supplies furnished by DSHS, as well as acknowledge receipt of inventory, record in the Inventory Tracking Electronic and Asset Management System (ITEAMS) the number of doses administered to patients, doses wasted or expired, and appropriately reconcile the quantities by product and lot number. Failure to reconcile in (TEAMS may prohibit release of medications and supplies. Products that have not been used in six (6) months or will not be used in six (6) months shall be returned to DSHS Pharmacy as soon as possible and recorded in (TEAMS. Contractor shall assure that medications are stored properly and securely, in accordance with manufacturer's instructions. SECTION II. PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of the Contract or any other method of determining compliance: 1. Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Directly Observed Therapy (DOT). For FY15 reporting, data will cover all cases from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 90% is required. If data indicates a compliance percentage for this Performance Measure of less than 90%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 2. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months shall complete therapy within 365 days or less. *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY15 reporting, data will cover all cases from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 86% is required. If data indicates a compliance percentage for this Performance Measure of less than 86%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 3. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. Page 5 of 16 For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 97.6% is required. If data indicates a compliance percentage for this Performance Measure of less than 97.6%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 4. Newly -reported cases of TB with Acid-fast Bacillis (AFB) positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 46% is required. If data indicates a compliance percentage for this Performance Measure of less than 46%, then DSHS may (at its sole discretion) require additional measures be taken by contractor to improve the percentage, on a timeline set by DSHS; 5.Newly-reported TB cases shall have an HIV test performed (unless they are known HIV-positive, or if the patient refuses) and shall have positive or negative HIV test results reported to DSHS according to the reporting schedule provided in Section 1, B herein. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 82% is required. If fewer than 82% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 6. Newly -reported suspected cases of TB disease shall be started in timely manner on the recommended initial 4 -drug regimen. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 93.4% is required. If fewer than 93.4% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 7. Newly -reported TB patients with a positive AFB sputum -smear result shall have at least three contacts identified as part of the contact investigation that must be pursued for each case. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 90% is required. If data indicates a compliance percentage for this Performance Measure of less than 90%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 8. Newly -identified contacts, identified through the contact investigation, that are associated with a sputum Page 6 of 16 AFB smear -positive TB case shall be evaluated for TB infection and disease. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 82% is required. If data indicates a compliance percentage for this Performance Measure of less than 82%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 9. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case and that are newly diagnosed with latent TB infection (LTBI) shall be started on timely and appropriate treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 67.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 67.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case that are newly diagnosed with LTBI and that were started on treatment shall complete treatment for LTBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, and according to the timelines given, therein. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 47.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 47.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 11. Newly -reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease shall have sputum AFB -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 90.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 90.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 12. Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS Page 7 of 16 may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 13. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate medical evaluation within 90 days of arrival. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 56% is required. Measure of less than 56%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS;14. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with latent TB infection (LTBI during evaluation in the US, increase the proportion who start treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 66% is required. Measure of less than 66%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with latent TB infection (LTBI during evaluation in the US and started on treatment, increase the proportion who complete LTBI treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 67% is required. Measure of less than 67%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; and 16. All reporting to DSHS shall be completed as described in Section I, B Reporting and submitted by the deadlines given. If Contractor fails to meet any of the performance measures, Contractor shall furnish in the narrative report, due February 13, 2015, a written explanation including a plan (with schedule) to meet those measures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below. Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Page 8 of 16 Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us. Page 9 of 16 8. Service Area Nueces County Page 10 of 16 This section intentionally left blank. Page 11 of 16 10. Procurement method: Non-Competitive Interagency/Interlocal GST-2012-Solicitation-00061 FY14 TB State 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2015 12. Payment Method: Cost Reimbursement 13. Source of Funds: State 14. DUNS Number: 069457786 Page 12 of 16 15. Programmatic Reporting Requirements: Report Name Annual Report Financial Status Rep Financial Status Rep Financial Status Rep Financial Status Rep' Frequency Annually Quarterly Quarterly Quarterly Quarterly Period Begin January 1, 2014 September 1, 2014 December 1, 2014 March 1, 2015 June 1, 2015 Submission Instructions: Submission Instructions are: Annual Report: Submit program reports to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us. Financial Status Reports: Claims Processing Unit, MC1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 Period End December 31, 2014 November 30, 2014 February 28, 2015 May 31, 2015 August 31, 2015 The fax number is (512) 776-7442. The email address is invoices@dshs.state.tx.us Due Date February 13, 2015 December 31, 201, March 31, 2015 June 30, 2015 October 15, 2015 Page 13 of 16 16. Special Provisions General Provisions Article VIII Confidentiality, Section 8.03, Exchange of client -identifying information, is revised to include the following: Neither Contractor, nor any subcontractor, shall transfer a client or patient record through any means, including electronically, to another entity or person, or subcontractor without written consent from the client or patient, or someone authorized to act on his or her behalf; however, DSHS may require Contractor, or any subcontractor, to timely transfer a client or patient record to DSHS if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient, or is otherwise provided by law. DSHS shall have timely access to a client or patient record in the possession of Contractor, or any subcontractor, under authority of the Texas Health and Safety Code, Chapters 81 and 85, and the Medical Practice Act, Texas Occupations Code, Chapter 159. In such cases, DSHS shall keep confidential any information obtained from the client or patient record, as required by the Texas Health and Safety Code, Chapter 81, and Texas Occupations Code, Chapter 159. General Provisions, Article IV. Funding, Section 4.06 Nonsupplanting, is revised to include the following: Funding from this Contract shall not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Contract) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity. Contractor shall maintain local funding at a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' share set out in SECTION VII. BUDGET, Contractor shall supply funds for the remaining costs in order to accomplish the objectives set forth in this Contract. All revenues directly generated by this Contract or earned as a result of this Contract during the term of this Contract are considered program income; including income generated through Medicaid billings for TB related clinic services. Contractor may use the program income to further the scope of work detailed in this Contract, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. General Provisions, Article XV. General Terms, Section 15.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 14 of 16 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2015-001398-00 b. General Provisions Subrecipient General Provisions c. Attachments Budgets d. Declarations e. Exhibits Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi Public Health District By: By: Signature of Authorized Official Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 787-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 15 of 16 Budget Summary Organization Name: Corpus Christi Public Health District Contract Number: 2015-001398-00 Budget Categories Program ID: TB/PC-STATE Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $13,687.00 $8,408.00 $0.00 $22,095.00 Fringe Benefits $6,557.00 $4,028.00 $0.00 $10,585.00 Travel $5,793.00 $0.00 $0.00 $5,793.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $3,586.00 $0.00 $0.00 $3,586.00 Contractual $18,000.00 $0.00 $0.00 $18,000.00 Other $14,550.00 $0.00 $0.00 $14,550.00 Total Direct Costs $62,173.00 $12,436.00 $0.00 $74,609.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $62,173.00 $12,436.00 $0.00 $74,609.00 Page 16 of 16 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2015-002508-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $48,520.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2014 and ends on 08/31/2015. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Program Name: TB/PC-FED Tuberculosis Prevention and Control -Federal Page 1 of 17 7. Statement of Work: SECTION 1. STATEMENT OF WORK: A. PROVISION OF SERVICES: Throughout Contractor's defined service area, Contractor shall develop and provide services and associated activities for the prevention and control of tuberculosis (TB) in accordance with federal funding requirements. Contractor shall perform activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service Area" of this contract. Contractor shall not use funds under this contract to support clinical care such as physician and nursing services or medication purchases. Contractor may use funds under this contract to support any or all of the following activities: • Directly observed therapy (DOT); • Contact Investigations; • Contact Reviews; • Surveillance; • Reporting; • Data analyses; • Cluster investigations; and/or • Provider Education. Funds under this contract may support full time employees (FTEs) based on the percentage of time involved in performing any of the above activities or to support contractual activities such as DOT. Contractor shall provide services outlined above in compliance with the following: • DSHS Tuberculosis Work Plan, http://www.dshs.state.tx.us/idcu/disease/tb/policies/ • DSHS Standards of Performance for the Prevention and Control of Tuberculosis, http://www.dshs.state.tx.us/I DCU/disease/tb/publications/SOP-2014-final.doc; • American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5211al.htm; • Diagnostic Standards and Classification of Tuberculosis in Adults and Children, (American Journal of Respiratory and Critical Care Medicine), Vol. 161, pp. 1376-1395, 2000) Page 2 of 17 http://ajrccm.atsjournals.org/cgi/reprint/161/4/1376; • Treatment of Tuberculosis, (ATS/CDC/IDSA), 2003, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5211a1 .htm; • Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, http://www.cdc.gov/mmwr/PDF/rr/rr4906.pdf; • Updated: Adverse Event Data and Revised ATS/CDC Recommendations Against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis Infection — United States, 2003, MMWR 52 (No. 31), http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5231a4.htm; • Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005 http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5412a1.htm; and • Guidelines for the Prevention and Treatment of Opportunistic Infections Among HIV -Exposed and HIV -Infected Children, http://www.cdc.gov/mmwr/pdf/rr/rr58e0826.pdf. Contractor shall comply with all applicable federal and state regulations and statutes, including, but not limited to, the following: • Texas Tuberculosis Code, Health and Safety Code, Chapter 13, Subchapter B; • Communicable Disease Prevention and Control Act, Texas Health and Safety Code, Chapter 81; • Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities, Health and Safety Code, Chapter 89; • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of Communicable Diseases; and • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter H, Tuberculosis Screening for Jails and Other Correctional Facilities. Contractor shall perform all activities under this Renewal Program Attachment in accordance with Tuberculosis and Refugee Health Services Branch, Tuberculosis Work Plan (attached as Exhibit A), and detailed budget as approved by DSHS. Contractor must receive written approval from DSHS before varying from applicable procedures in the final approved work plan, and must update its implementation documentation within forty-eight (48) hours of making approved changes so that staff working on activities under this contract knows of the change(s). DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Renewal Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Use of Funds: Contractor will be subject to adjustments in award amounts based on changes to the number of clients served, utilization of funds, or other factors. Page 3 of 17 Contractor shall provide a match of no less than 20% of the DSHS share of the total budget reflected in the Program Attachment. Contractor shall provide match at the required percentage or DSHS may hold payment vouchers, use administrative offsets, or request a refund from Contractor until such time as the required match ratio is met. No federal or other grant funds can be used as match. Contractor shall not use DSHS funds or matching funds (including in-kind contributions) for: 1. Food; 2. Incentives; 3. Entertainment; or 4. Sectarian worship, instruction, or proselytization. Contractor shall: 1. Lapse no more than 5% of the total funded amount of the contract. 2. Maintain and adjust spending plan throughout the contract term to avoid lapsing funds. 3. Maintain staffing levels to meet required activities of the contract and to ensure all funds in personnel category are expended. Contractor's budget shall include costs to cover required TB trainings and continuing education training. Contractor is allocated $16,173.33 from September 1, 2014 — December 31, 2014. Contractor is allocated $32,346.67 from January 1, 2015 — August 31, 2015. Expenditures must not exceed the above allocated amounts within the specified timeframes. B. REPORTING: Contractor shall provide a complete and accurate Annual Progress Report covering the period from January to December 2014, in the format provided by DSHS, demonstrating compliance with requirements of the Program Attachments during that time period. The report shall include, but not limited to, a detailed analysis of performance related to the performance measures listed below. The Contractor's Annual Progress Report shall not be combined with another Contractor's or health service region's Annual Progress Report. The report is due February 13, 2015, and shall be sent to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us. Any individual -level patient data this will need to be sent to Public Health Information Network (PHIN). Contractors can mail the Annual Progress Report to their DSHS health service region thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to DSHS health service region, the deadline for submission to TB and Refugee Health Services Branch remains unchanged. Contractor shall maintain documentation used to calculate performance measures as required by General Provisions Article VIII "Records Retention" and by Texas Administrative Code Title 22, Part 9 Chapter 165, §165.1 regarding the retention of medical records. Contractor shall adhere to reporting requirements documented in the Tuberculosis Work Plan and the CDC Tuberculosis Surveillance Data Training Report of Verified Case of Tuberculosis (RVCT) Instruction Manual available at, http://www.cdc.gov/tb/programs/rvct/InstructionManual.pdf. C. TRAINING: Contractor shall provide orientation and training to all employees involved in TB activities including physicians, nurses, contact investigators, outreach workers, case registry staff, receptionists, and other support staff. Page 4 of 17 Within ninety (90) days of employment, all newly hired employees shall complete required TB training specific to their duties and responsibilities. Refer to the Tuberculosis Work Plan for required trainings for newly hired employees. Each year, employees that provide TB services shall receive sixteen (16) hours of continuing education or training relevant to their position. Documentation of all training (including the hours, topics, and dates) shall be retained for each employee who delivers TB services and made available upon request by DSHS Tuberculosis and Refugee Health Services Branch and listed in detail in the Accomplishments section of the Annual Progress Report. Contractor's case registry staff shall attend annual medical records conference and workshop to obtain the latest records management procedures. D. COHORT REVIEWS: Contractor shall conduct cohort reviews as described in the Tuberculosis Work Plan. Contractor shall submit all required documents for cohort reviews as noted in the TB Work Plan including but not limited to the Cohort Summary Report and Cohort Presentation Form using the following Cohort Period and Submission Schedule: Cohort Period & Submission Schedule Cohort Period Cases Counted In: 1st quarter (Jan 1 to Mar 31) current year 2nd quarter (Apr 1 to June 30) current year 3rd quarter (July 1 to Sep 30) current year 4th quarter (Oct 1 to Dec 31) current year Are reviewed and reported by: March 31 of the following year June 30 of the following year September 30 of the following year December 31 of the following year SECTION II. FY15 PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Renewal Program Attachment, without waiving the enforceability of any of the other terms of the contract or any other method of determining compliance: 1. Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Direct Observed Therapy (DOT). For FY15 reporting, data will cover all cases from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 90% is required. If data indicates a compliance rate percentage for this Performance Measure of less than 90%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 2. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months shall complete therapy within 365 days or less; *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY15 reporting, data will cover all cases from calendar year 2013 (1/1/2013 -12/31/2013). A Page 5 of 17 compliance percentage of not less than 86% is required. If data indicates a compliance percentage for this Performance Measure of less than 86%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 3. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 97.6% is required. If data indicates a compliance percentage of less than 97.6%for this Performance Measure then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 4. Newly -reported cases of TB with Acid-fast Bacillis (AFB) positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 46% is required. If data indicates a compliance percentage of less than 46% for this Performance Measure, then DSHS may (at its sole discretion) require additional measures be taken by contractor to improve the percentage, on a timeline set by DSHS; 5. Newly -reported TB cases shall have an HIV test performed (unless they are known HIV- positive, or if the patient refuses) and shall have positive or negative HIV test results reported to DSHS according to the schedule provided herein. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 82% is required. If fewer than 82% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 6. Newly -reported suspected cases of TB disease shall be started in timely manner on the recommended initial 4 -drug regimen. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 93.4% is required. If fewer than 93.4% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 7. Newly -reported TB patients with a positive AFB sputum -smear result shall have at least three contacts identified as part of the contact investigation that must be pursued for each case. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance Page 6 of 17 percentage of not less than 90% is required. If data indicates a compliance percentage for this Performance Measure of less than 90%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 8. Newly -identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case shall be evaluated for TB infection and disease. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 82% is required. If data indicates a compliance percentage for this Performance Measure of less than 82%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 9. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case and that are newly diagnosed with latent TB infection (LTBI) shall be started on timely and appropriate treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 67.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 67.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case that are newly diagnosed with LTBI and that were started on treatment shall complete treatment for LTBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, and according to the timelines given, therein. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 47.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 47.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 11. Newly -reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease shall have sputum AFB -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 90.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 90.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; Page 7 of 17 12. Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY15 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 13. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate medical evaluation within 90 days of arrival. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 56% is required. Measure of less than 56%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 14. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with latent TB infection (LTBI during evaluation in the US, increase the proportion who start treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 66% is required. Measure of less than 66%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with latent TB infection (LTBI during evaluation in the US and started on treatment, increase the proportion who complete LTBI treatment. For FY15 reporting, data will be drawn from calendar year 2013 (1/1/2013 -12/31/2013). A compliance percentage of not less than 67% is required. Measure of less than 67%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; and 16. All reporting to DSHS shall be completed as described herein under Section I -B above and submitted by the deadlines given. If Contractor fails to meet any of the performance measures, Contractor shall furnish in the narrative report, due February 13, 2015, a written explanation including a plan (with schedule) to meet those measures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and Page 8 of 17 supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below. Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices©dshs.state.tx.us. Page 9 of 17 8. Service Area Nueces County Page 10 of 17 This section intentionally left blank. Page 11 of 17 10. Procurement method: Non-Competitive Interagency/Interlocal GST-2012-Solicitation-00064 FY14 TB/FED 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2015 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.116, 93.116 14. DUNS Number: 069457786 Page 12 of 17 15. Programmatic Reporting Requirements: Report Name Narrative Reprt Financial Status Rep Financial Status Rep' Financial Status Rep Financial Status Rep Submission Instructions: Frequency Annually Quarterly Quarterly Quarterly Quarterly Period Begin January 1, 2014 September 1, 2014 January 1, 2015 March 1, 2015 June 1, 2015 Annual Report: Submit program reports to the TB Reporting Mailbox - TBContractReporting©dshs.state.tx.us. Financial Status Reports: Claims Processing Unit, MC1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 Period End December 31, 2014 December 31, 2014 February 28, 2015 May 30, 2015 August 31, 2015 The fax number is (512) 776-7442. The email address is invoices©dshs.state.tx.us Due Date February 13, 2015 February 2, 2015 March 30, 2015 June 30, 2015 October 15, 2015 Page 13 of 17 16. Special Provisions General Provisions, ARTICLE 111 SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staff's time supporting this Program Attachment for response efforts. DSHS shall reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre -event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. General Provisions, Article IV, Funding Section 4.03, Use of Funds, is amended to include the following: Contractor is allocated $16,173.33 from September 1, 2014 — December 31, 2014. Contractor is allocated $32,346.67 from January 1, 2015 — August 31, 2015. Expenditures may not exceed the above allocated amounts within the specified timeframes. General Provisions, Article IV. Funding, Section 4.06, Nonsupplanting, is revised to include the following: Funding from this Renewal Program Attachment shall not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Renewal Program Attachment) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity. Contractor shall maintain local funding at a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' set funding, Contractor shall supply funds for the remaining costs in order to accomplish the objectives set forth in this Program Attachment. General Provisions, ARTICLE V, Payment Methods and Restrictions Section 5.02, Billing Submission is amended to include the following: Contractor must submit requests for reimbursement or payment, or revisions to previous reimbursement request(s), no later than February 15, 2015 for costs incurred between the service dates of September 1, 2014 and December 31, 2014. General Provisions, Article V, Payment Methods and Restrictions, Section 5.03, Final Billing Submission, is amended to include the following: Contractor shall submit final close-out bill or revisions to previous reimbursement request(s), no later than February 15, 2015 for costs incurred between the services dates of September 1, 2014 and December 31, 2014. Expenditures with service dates from September 1, 2014 to December 31, 2014 will not be paid, if submitted after February 15, 2015. General Provisions, ARTICLE V. PAYMENT METHODS AND RESTRICTIONS, Section 5.05 Financial Status Reports, is amended to include the following: Contactor shall submit FSRs to Accounts Payable by the last business day of the month following the end of each term reported. The FSR period will be reported as follows: Quarter One shall include September 1, 2014 through December 31, 2014. Quarter two shall include January 1, 2015 through February 28, 2015. Quarter three shall include March 1, 2015 through May 30, 2015. Quarter four shall include June 1, 2015 Page 14 of 17 through August 31, 2015. Contractor shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term General Provisions Article VIII Confidentiality, Section 8.03, Exchange of client -identifying information, is revised to include the following: Neither Contractor, nor any subcontractor, shall transfer a client or patient record through any means, including electronically, to another entity or person, or subcontractor without written consent from the client or patient, or someone authorized to act on his or her behalf; however, DSHS may require Contractor, or any subcontractor, to timely transfer a client or patient record to DSHS if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient, or is otherwise provided by law. DSHS shall have timely access to a client or patient record in the possession of Contractor, or any subcontractor, under authority of the Texas Health and Safety Code, Chapters 81 and 85, and the Medical Practice Act, Texas Occupations Code, Chapter 159. In such cases, DSHS shall keep confidential any information obtained from the client or patient record, as required by the Texas Health and Safety Code, Chapter 81, and Texas Occupations Code, Chapter 159. General Provisions, Article XV. General Terms, Section 15.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 15 of 17 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2015-002508-00 b. General Provisions Subrecipient General Provisions c. Attachments Budgets d. Declarations e. Exhibits Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi Public Health District By: By: Signature of Authorized Official Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 787-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 16 of 17 Budget Summary Organization Name: Corpus Christi Public Health District Contract Number: 2015-002508-00 Budget Categories Program ID: TB/PC-FED Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $17,092.00 $6,093.00 $0.00 $23,185.00 Fringe Benefits $10,130.00 $3,611.00 $0.00 $13,741.00 Travel $6,633.00 $0.00 $0.00 $6,633.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $4,565.00 $0.00 $0.00 $4,565.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $10,100.00 $0.00 $0.00 $10,100.00 Total Direct Costs $48,520.00 $9,704.00 $0.00 $58,224.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $48,520.00 $9,704.00 $0.00 $58,224.00 Page 17 of 17 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 22, 2014 First Reading Ordinance for the City Council Meeting of September 9, 2014 Second Reading Ordinance for the City Council Meeting of September 16, 2014 DATE: August 19, 2014 TO: Ronald L. Olson, City Manager FROM: Julio Dimas, Interim Assistant Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning from Estate Residential to Commercial for Boat Storage By CCSemloh Partnership, Ltd. Property Address: 822 Graham Road CAPTION: Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. The property to be rezoned is described as a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. PURPOSE: The purpose of this rezoning is to allow development of the property for a boat storage facility. RECOMMENDATION: Staff Recommendation (July 29, 2014): Denial of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District and, in lieu thereof, approval of a Special Permit for a boat storage facility subject to 10 conditions. Staff Recommendation (July 22, 2014): Denial of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District and, in lieu thereof, approval of a Special Permit for a boat storage facility subject to a site plan and nine conditions. Planning Commission Recommendation (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to develop a boat storage facility comprising of ten storage buildings on 10.861 acres of property. The Unified Development Code allows this use by right in the "CG -2" General Commercial District with limited conditions pertaining to vehicle stacking at gated entrances, square footage limits, lighting, and the prohibiting of maintenance and purging of boats. The development will have to adhere to the buffer requirements of the UDC for the properties west and south that remain residential. The east boundary with the apartment complex does not require buffering, since the property is zoned commercial but will require construction of a 6 -foot fence at the boundary as per UDC requirements. Commercial properties exist north and across Compton Road, which is a Minor Residential Collector street having an 80 foot existing right-of-way. The second reading for the rezoning case was tabled on July 29th, in order to give the applicant additional time to consider the Special Permit approved on first reading (July 22nd) and zoning requirements for boat storage. After further investigating industry standards, the applicant has determined that larger storage unit square footages are no longer needed for his development and he would rather be granted the "CG -2" General Commercial District. The applicant does not want to pursue a Special Permit. Staff, however, maintains the same recommendation as of July 29th, for a Special Permit that gives flexibility in the site plan. On August 26th, City Council voted to rescind the Special Permit ordinance approved on first reading and to table the vote on the rezoning until the next meeting to pursue the "CG -2" General Commercial District as recommended by Planning Commission and requested by the applicant. ALTERNATIVES: 1. Approve the "CG -2" District recommended by the Planning Commission 2. Approve the Special Permit as recommended by staff. 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan but not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). The rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential uses. Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods. Compared to Neighborhood Commercial uses, such as retail, that provide daily convenience needs of nearby residents a boat storage facility is not a compatible use with uses allowed in the abutting "RE" Residential Estate Districts to the south and west. The rezoning would also allow other incompatible uses to be developed on the property. On the contrary, the proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the north and east. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: CG -2 Ordinance Aerial Overview Map Report with Attachments Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CCSemloh Partnership, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 18, 2014, during a meeting of the Planning Commission, and on Tuesday, July 22, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by CCSemloh Partnership, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road (the "Property"), from the "RE" Residential Estate District to the "CG -2" General Commercial District (Zoning Map Nos. 035031 & 035032), as shown in Exhibits "A", and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 STATE OF TEXAS JOB NO. 05-6819 COUNTY OF NUECES 10.861 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same Lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lot 10, Section 48 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod found for the Northeast corner of this tract, same being the Northeast corner of said Lot 10, same being the North corner of Block C-2, Laguna Business Center as recorded in Volume 33, Page 31 of the Map Records of Nueces County, Texas, same lying in the Southwest right-of-way margin of Compton Boulevard; THENCE, along the common boundary line of this tract with said Block C-2, SOUTH 29 degrees 00 minutes 00 seconds WEST, at 154.65 feet passing through a 5/8 inch iron rod found for the West corner of said Block C-2 and the North corner of Block C-3, Laguna Business Center as recorded in Volume 45, Page 8 of the Map Records of Nueces County, Texas, a total distance of 715.30 feet to a point for the Southeast corner of this tract, same Lying in the Northeast right-of-way margin of a 50 foot City of Corpus Christi drainage easement; THENCE, along said Northeast right-of-way margin of the 50 foot City of Corpus Christi drainage easement, NORTH 61 degrees 00 minutes 00 seconds WEST 663.05 feet to a point for the Southwest corner of this tract, same lying in the common boundary line of said Lots 10 & 11 of said Section 48; THENCE, along said common boundary line of Lots 10 & 11, Section 48, NORTH 29 degrees 00 minutes 23 seconds EAST 688.36 feet to a 5/8 inch iron rod found for a Northwest corner of this tract; THENCE, SOUTH 61 degrees 10 minutes 05 seconds EAST 20.10 feet to a 5/8 inch iron rod found for an interior corner of this tract; THENCE, NORTH 28 degrees 49 minutes 55 seconds EAST 25.00 feet to a 5/8 inch iron rod found for the North corner of this tract, same lying in said Southwest right- of-way margin of Compton Boulevard; THENCE, along said Southwest right-of-way margin of Compton Boulevard, SOUTH 61 degrees 10 minutes 05 seconds EAST 642.95 feet to the point of beginning and containing 10.861 acres of land. I hereby certify that this survey. as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition II Land Survey. Dated this the 23 day of /$1'r , 2014. Ronald A. Voss, ReEistered Professional 1,nnd Sturvnvnr Nn 7741 Exhibit A LINE ,14EA SUREo L GALL ri'C<o.eo 7 4- C.rtc J / Sale 06' /¢' E 30.00' S Gr.. 00.00-&- 0.00"E30.00' 30.00 2 //7d' 3.x' 140d /6z..ST NI7d'40'¢7.4— /6x.59 3 s e7- 2o'.z¢'6 40.0E' s e7.04' 2:59.4- :59'64o.0e' 40.01' Nze'49' 55'E 2s•o0' Mx9•00'o0•E 2s.00' /4m<..e 494 URA' GENTE4 K B, P 4/y esde,-osr'E euoej (.4,..<.,) ,G."1J%R.TTR) (sGI'oo'o0'E, 660'3 Mo�vrTON Go' PAR[Ce[.Z?C0J TR4<T 5... I73.o rI.4; / A-3 9n �Z — LscN oo'00'c 4so.ro7 `k. CS oto oo' oo'E 7 . Route vARO 4¢ �j p %P.F. I 60 , /1041. .RAR,M' �3so' o 1 S .9606._ N 4 G-2 n h UG n .r •BF rrr¢ss v UC•`/R.e.') TRACT A-3^ �OR /NA$6 147:04470 A'/, 4-2 A-3 .4= r� GWORN CT) ti to tot Da NN IS o -os F.ttb%!. ,r eSssnzf // /0 SEG7r0,.r 48 37.336 AcREs IJ /0.0%/ KG RCS" w L?w4,C N-3 1, LA4,. 3 .CE 7u. 1/ 4s, AS Q � �HRNG� O l N O \/ to /✓cr/ 00 oa%✓ 663.at U, /0 Tx C, o6 P.G. /2a5.o03 (N 44.//' 29W /234.83) GRAHAM 1P0A0 (.10.. Go' ,Par+) 0.t.40,e1 Or�C.r ti N /$$ASrs of .`JEAN q 74'FA ro Iu S 95.1 T —0 _�l.'0rq<oRe.v G.eo367E3, RG NOTES: (1.) Found 5/'a" I.R. @ all lot comers unless noted otherwise. (2.) House Ties are to the fours ation. (3 ��$ Oo.oTC3 Ser a'/R 1, Ronald A. Voss, a Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property shown hereon under my direction and supervision; that it is my knowledge and belief; that there are no apparent encroachments or overlapping of Improvements with the deed lines except as shown hereon. This Survey was performed without the benefit of a Title Policy or Title Opinion. NOTE: T1115 SURVEY LS FOR THE SOLE USE OF THE BUYER, TITLE COMPANY, OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY. NO LICENSE HAS BEEN CREATED, EXPRESSED OR IMPLIED, TO COPY THE SURVEY, WHICH IS VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. BUYER: This property Iles within Zone C according to FIRM C which LS not within the 100 year Flood Plane. NOT VALID WITHOUT ORIGINAL SIGNATURE AND ORIGINAL SEAL Registered Professional Land Surveyor State of Texas No. 2293 DATE: 05/03/05— c./64/os CREW: RS & DL OFFICE: RS & DL DRAFTING: RV & RA GF #: JOB #: 05-6819 /04 4/ Acres, Out of Lot 10 , Section 48, Flour Bluff and Encinal Farm and Garden Tracts, V. A, P. 41-43, (MRNCT), Corpus Christi, Nueces County, Texas. KEY: [RECORDED] (MEASURED) WOOD FENCE WIRE FENCE VINYL FENCE VOSS ENGINEERING, INC. ENGINEERING & LAND SURVEYING 3756 BRATTON ROAD, CORPUS CHRISTI, TEXAS, 78413 PHONE: (361)854-6202 FAX: (361) 853-4696 Exhibit B PLANNING COMMISSION FINAL REPORT Case No.: 0614-03 HTE No. 14-10000024 Planning Commission Hearing Date: June 18, 2014 City Council Public Hearing and First Reading Date: July 22, 2014 Applicant & Legal Description Representative: John Kendall Applicant/Owner: CCSemloh Partnership, Ltd. Legal Description/Location: Being a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. Zoning Request From: "RE" Residential Estate District To: "CG -2" General Commercial District Area: 10.861 acres Purpose of Request: To allow construction of a boat storage facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Estate Residential North "CG -1" General Commercial Commercial, Vacant & Public/Semi-public Estate Residential, Commercial & Public/Semi-Public South "RE" Residential Estate Vacant Estate Residential East "RE" Residential Estate Medium Density Residential Medium Density Residential West "RE" Residential Estate Vacant Estate Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP) and is planned for estate residential uses. The proposed change of zoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan. Map No.: 035031 & 035032 Zoning Violations: None Transporta- tion Transportation and Circulation: The subject property has access to Compton Road, which is a "01" Minor Residential Collector street. m L. N d Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Compton Rd. "01" Minor Residential Collector 60' ROW 40' paved 80' ROW 66' paved Not Available Case # 0614-03 CCSemloh Partnership, Ltd. Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District to allow construction of a boat storage facility. Development Plan: The owner is proposing to develop the lot with multiple structures to be used for boat storage. As shown on the attached site plan, the development will consist of ten boat storage buildings. The majority of the storage units will not exceed 400 square feet, as limited by the conditions listed in the Unified Development Code. However, the owners would like to construct units over the limit to house larger boats. A special permit would be required to allow this condition. The total area of the proposed buildings is 110,400 square feet. The business is proposed to operate from 6:00 AM to 10:00 PM and there will be no employees on site. Per the Unified Development Code (UDC), no purging of inboard or outboard boat engines would be permitted at the site. A Type C buffer, which consists of a 15 -foot wide buffer yard and 15 buffer points, would be required along the south and west property boundaries. Existing Land Uses & Zoning: North of the subject property and across Compton Road are a U.S. Post Office and the backside of a shopping center. These properties are zoned "CG -1" General Commercial District. South and west of the subject property is vacant land which is zoned "RE" Residential Estate District. East of the property are two apartment complexes that are zoned "CG -2" General Commercial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and all master plans. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Flour Bluff ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential uses. The proposed rezoning opens examination into two pertinent elements of the Comprehensive Plan such as: 1. Incompatible industrial and commercial land uses should not abut residential areas (Residential Policy Statement I). 2. Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods (Commercial Policy Statement D). K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items\7-29-2014\0614-03 CCSemloh Partnership, Ltd\0614-03 Report for CC, CCSemloh Partnership, Ltd_revised.docx Case # 0614-03 CCSemloh Partnership, Ltd. Page 3 Department Comments: • The proposed rezoning is not consistent with the Comprehensive Plan or the Future Land Use Plan's designation of the property for estate residential uses. • A boat barn is not a compatible use with the uses allowed in the abutting "RE" Residential Estate Districts to the south and west, which are also owned by CCSemloh Partnership, Ltd. The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the north and east. • Although planned for a boat storage facility, other incompatible uses will be allowed to be developed on the property. Uses such as vehicle sales and service, self- service storage, and bars and night clubs are allowed in the "CG -2" General Commercial District. These uses would not be compatible with the adjacent residentially zoned properties, therefore a Special Permit allowing only the boat storage facility will be appropriate for this area. • With the required conditions listed in the UDC and the Special Permit conditions, the proposed development would provide less of a negative impact to the adjacent estate residential properties. Staff Recommendation (July 22, 2014): Denial of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District and in lieu thereof, approval of a Special Permit for a boat storage facility subject to a site plan and nine conditions. Special Permit Conditions: The following development conditions are consistent with the limited conditions of the UDC with additional conditions to address negative impacts to the adjacent residential properties and to address the increased square footage of the units. 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a boat storage facility. 2. Buffer Yard: A 15 -foot wide buffer yard and 15 buffer points shall be installed, maintained, and remain in place along the south and west property boundaries as long as residential districts or uses are adjacent. 3. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. 4. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 50 square feet in area. One wall sign shall be permitted not to exceed 60 square feet. The wall sign must face Compton Road. 5. Vehicle Stacking: A minimum of four off-street vehicle stacking spaces designed in accordance with the standards of the Unified Development Code (UDC) shall be provided between the public right-of-way and the front access gate of the storage facility. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. A gated entry and security monitors for the facility are required to be installed, remain in place, and be maintained. 7. Storage Space: The maximum allowable storage space for a single boat storage unit shall not exceed 500 square feet and each unit shall only house a single boat. Case # 0614-03 CCSemloh Partnership, Ltd. Page 4 8. On-site Operations: No cleaning, purging, or maintenance of marine engines shall be permitted. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Planning Commission Recommendation (June 18, 2014): Approval of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. 0 0 IP SI� CL0 z Number of Notices Mailed — 16 within 200 -foot notification area; 2 outside notification area As of June 26, 2014: In Favor In Opposition — 4 inside notification area; 1 outside notification area — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) Site Plan K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items\7-29-2014\0614-03 CCSemloh Partnership, Ltd\0614-03 Report for CC, CCSemloh Partnership, Ltd_revised.docx SUBJECT PROPERTY 800 Feet Date Created: 6/4/2094 /Prep�'red By: LARRYF� /Dep. rrtmenof velopment\ices CASE: 0614-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition NAS SUBJECT PROPERTY �R. LOCATION MAP YIN City of Corpus Christi 0 IT EXISTING POW H 0S T SE Exhibit 0 Aerial Overview =ITV of CORPUS CHRCI1 DEVELOPMENT SERVICES Aerial =ITV of CORPUS CHRCI1 DEVELOPMENT SERVICES 2 Site Plan =ITV of CORPUS CHRCI1 DEVELOPMENT SERVICES Compton Rd. 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 9, 2014 Second Reading Ordinance for the City Council Meeting of September 16, 2014 DATE: August 8, 2014 TO: Ronald L. Olson, City Manager FROM: Alyssa Barrera, Business Liaison — City Manager's Office AlyssaB@cctexas.com (361) 826-3356 Ordinance Amendment regarding Reinvestment Zone Number Three, City of Corpus Christi, Texas. CAPTION: Amending Ordinance No. 027996, adopted on December 16, 2008, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Reinvestment Zone"), which was amended by Ordinance No. 028136 on April 28, 2009 and Ordinance No. 029403 on March 2, 2012, to correct the Board appointment procedure to comply with state law on tax increment participation; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to correct the Board Composition, outlined in Section 4(a) of Ordinance 027996, to reflect the state statute. BACKGROUND AND FINDINGS: On December 16, 2008, the City of Corpus Christi approved an Ordinance creating Tax Increment Financing District Three. As it was adopted, the Board of Directors was to consist of fifteen members, with "respective governing bodies of each taxing unit other than the City" having the ability to appoint one member to the board. In the effort to coordinate a first meeting of the TIF Board, staff identified the discrepancy between the ordinance and state statute (§311.009(a), Tax Code), which reads: "The board of directors of a reinvestment zone consists of at least five and not more than 15 members, unless more than 15 members are required to satisfy the requirements of this subsection. Each taxing unit other than the municipality or county that designated the zone that levies taxes on real property in the zone may appoint one member of the board if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone." This Ordinance Amendment will correct the structure, removing the additional entities and eliminating the 15 member requirement. The City will reserve the ten director appointments allowed to them by the Statute, with one reserved for a representative from the Downtown Management District. Currently, Del Mar College and Nueces County have Interlocal Agreements with the City to contribute to the TIF. ALTERNATIVES: The alternative was to not correct the Board composition. OTHER CONSIDERATIONS: There have been two previous amendments to Ordinance 027996, • April 2009 — Expanded boundaries • March 2012 — Corrected termination date CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Comments: RECOMMENDATION: Staff recommends approval of the Ordinance amendment LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment — TIRZ #3 Composition Page 1 of 3 Amending Ordinance No. 027996, adopted on December 16, 2008, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Reinvestment Zone"), which was amended by Ordinance No. 028136 on April 28, 2009 and Ordinance No. 029403 on March 2, 2012, to correct the Board appointment procedure to comply with state law on tax increment participation; providing for severance; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Ordinance No. 027996, adopted on December 16, 2008, and amended by Ordinance No. 028136 on April 28, 2009 and Ordinance No. 029403 on March 2, 2012, is amended by amending Section 4 as follows: That a board of directors for the Zone (the "Board") is established, which consists of twelve (12) members. The Board shall be appointed as follows: (a) Under Section 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone, if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone, may appoint one (1) member of the Board. Each such governing body may waive its right to appoint a director, and is deemed to have waived the right if it has not made the appointment within thirty (30) days of receiving written notice of its right to appoint a board member. (b) The remaining members of the Board are appointed by the City Council of the City. All members appointed by the Board must meet eligibility requirements, as set forth in the Act. Provided, however, notwithstanding any other provisions of this Ordinance, the City Council has the right to appoint at least ten (10) members, and the Board may exceed twelve (12) members, if necessary for the City Council to make the ten (10) appointments. (c) Terms of Board members are for two years. Terms must be staggered with half of the Board members appointed every year. Officers must be appointed as provided in the Act. (d) ...(no change) 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 Page 2 of 3 intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor APPROVED: This day of , 2014 Julian Grant Assistant City Attorney For City Attorney Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading 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 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 day of , 2014. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Action Item for the City Council Meeting of September 16, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Ordinance Adopting the Fiscal Year 2014 Property Tax Rate CAPTION: Ordinance setting a property tax rate of $0.585264 per $100 valuation which is effectively a 7.71% increase over the effective tax rate; and declaring an emergency. PURPOSE: Chapter 26.05 of the Property Tax Code states that a governing body of a taxing unit shall adopt a property tax rate before the later of September 30 or the 60th day after the date the certified appraisal roll is received by the taxing unit. This agenda item is in compliance with the Property Tax Code and will set the tax rate at $.585264 per $100 valuation, which was the rate used to determine the ad valorem tax rate revenue included in the fiscal year 2014-2015 operating budget and is the same ad valorem tax rate that is currently in effect. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. This vote was taken on August 12, 2014. Subsequently, two public hearings were held — one on August 26, 2014, and the second on September 9, 2014. This agenda item is required to set the property tax rate for fiscal year 2014-2015. Since the property tax rate of $0.585264 per $100 valuation exceeds the effective tax rate of $0.543343 per $100 valuation, specific wording is required in the ordinance to adopt the tax rate. It should be noted that two different percentage "increases" are noted in the ordinance. The first amount listed in the caption represents the percentage change between the total proposed tax rate ($0.585264) and the total effective tax rate ($0.543343). The second amount listed in the body of the ordinance represents the percentage change in the maintenance and operations portion of the proposed tax rate ($0.376806) to the maintenance and operations portion of the effective tax rate ($0.349273). This is in compliance with the specific wording outlined in the Property Tax Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Staff is requesting an emergency reading due to the fact that Section 26.06(e) of the Property Tax Code specifies that the meeting to vote on the tax "increase" may not be earlier than the third day or later than the 14th day after the date of the second public hearing. Since the second public hearing was held on September 9th, and the 14th day after that date is September 23rd, action could actually be taken September 23r . However this date is too late for the Nueces County Tax Office to prepare and mail all property tax bills by October 1St DEPARTMENTAL CLEARANCES: • Legal Department FINANCIAL IMPACT: Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget- - $ 92,787,000 $ 92,787,000 Encumbered/Expended amount of (date)- - - - This item - $ 92,787,000 $ 92,787,000 BALANCE - - $ - $ - FUND(S): General Fund $59,737,000 Debt Service Fund $33,050,000 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: • Ordinance Ordinance Setting a property tax rate of $0.585264 per $100 valuation which is effectively a 7.71 % increase over the effective tax rate; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2014 as follows: $0.376806 for the purpose of maintenance and operation 0.208458 for payment of principal and interest on debt $0.585264 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 7.88 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $27.53. SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2014 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.376806 on each one hundred dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the tax year 2014 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.208458 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2014-2015 Principal Interest & Fees Total 2005 General Obligation $6,515,000 $168,683 $6,683,683 2005 Certificates of Obligation $335,000 $13,699 $348,699 2006 Certificates of Obligation $445,000 $29,616 $474,616 2007 Certificates of Obligation $122,773 $78,969 $201,742 2007 General Obligation $195,000 $125,249 $320,249 2007A General Obligation $1,405,000 $1,020,216 $2,425,216 2008 Tax Notes $1,125,000 $19,800 $1,144,800 2008 Certificates of Obligation $255,000 $37,027 $292,027 2009 General Obligation $3,470,000 $3,265,907 $6,735,907 2009 Certificates of Obligation $315,000 $287,175 $602,175 2010 General Obligation $545,000 $434,236 $979,236 2010 Certificates of Obligation $115,000 $101,979 $216,979 2012 General Obligation $500,000 $1,847,390 $2,347,390 2012 Public Property Contractual Obligation $575,000 $130,037 $705,037 2012C General Obligation $3,455,000 $912,205 $4,367,205 2012D General Obligation $2,185,000 $2,574,641 $4,759,641 2013 General Obligation $1,500,000 $3,735,538 $5,235,538 In addition to the ad valorem tax levy for debt service totaling $29,437,708, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2014 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2015, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6: That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this day of September, 2014. Principal Interest & Fees Total 2014 Public Property Contractual Obligation $655,000 $211,609 $866,609 2014 Tax Notes $1,075,000 $114,923 $1,189,923 Total required for 2015 debt service $24,787,773 $15,108,899 $39,896,672 Less: Amount paid from unencumbered fund balance ($3,820,848) Less: Transfers for self- supporting debt ($6,638,116) Total to be paid from taxes in 2015 $29,437,708 In addition to the ad valorem tax levy for debt service totaling $29,437,708, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2014 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2015, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6: That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this day of September, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Day of , 2014 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Nelda Martinez Mayor The above ordinance was passed by the following vote: Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Nelda Martinez Colleen McIntyre Lillian Riojas Mark Scott First Reading Ordinance for the City Council Meeting of 9/16/14 Second Reading Ordinance for the City Council Meeting of 9/23/14 DATE: TO: September 4, 2014 Ronald L. Olson, City Manager FROM: Laura Z. Garcia, Library Director lauraga@cctexas.com 826-7070 Accepting and appropriating grant and reimbursement funds from the Texas State Library and Archives Commission for Corpus Christi Public Libraries. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas State Library and Archives Commission ("TSLAC") in the amount of $8,373 for the Impact Grant, in the amount of $37,226 for the Special Projects Grant, in the amount of $4,822 for the Edge Implementation Reimbursement Program, and in the amount of $3,000 for the Texas Reads Grant; and appropriating $53,421 from TSLAC in the Library Grants Fund No. 1068. PURPOSE: To be used for library services. BACKGROUND AND FINDINGS: Funds from the U.S. Institute of Museum and Library Services (IM LS) to the Texas State Library and Archives Commission (TSLAC) made the following grants possible: 1) Texas Read $3,000 — Science kits will be purchased to continue the focus on STEM (Science, Technology, Engineering and Math) programs. 2) Impact $8,373 — A mobile lab will be created to provide digital literacy classes to the public throughout the library system and at outreach locations. 3) Special Projects $37,226 - This grant will provide programming by means of iPad technology to three underserved populations. (1) Programming at the Library for Adults with intellectually, developmental, visual and hearing disabilities (2) Outreach programming for seniors at Senior Centers, Adult Daycares and Assisted Living Facilities (3) Outreach programming for families residing in local shelters, Metro Ministries Rainbow House and Women's Shelter of South Texas. Edge initiative reimbursement $4,822 — Network printers with wireless capability and scanners were purchased. The Library will be offering wireless printing and digital scanning services in the coming months. CCPL is participating in the Edge initiative which was developed by a national coalition of leading library and local government organizations, funded by the Bill and Melinda Gates Foundation and led by the Urban Libraries Council. The purpose of the initiative is to support libraries in making strategic decisions and identifying areas for improvement. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 53,421 53,421 BALANCE 53,421 53,421 Fund(s): Comments: None. RECOMMENDATION: Staff recommends acceptance and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas State Library and Archives Commission ("TSLAC") in the amount of $8,373 for the Impact Grant , in the amount of $37,226 for the Special Projects Grant, in the amount of $4,822 for the Edge Implementation Reimbursement Program, and in the amount of $3,000 for the Texas Reads Grant; and appropriating $53,421 from TSLAC in the Library Grants Fund No. 1068. 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 necessary documents to accept a grant in the amount of $8,373 from the Texas State Library and Archives Commission ("TSLAC") for the Impact Grant for the period of September 1, 2014 through August 31, 2015. SECTION 2. The City Manager or designee is authorized to execute all necessary documents to accept a grant in the amount of $37,226 from TSLAC for the Special Projects Grant for the period of September 1, 2014 through August 31, 2015. SECTION 3. The City Manager or designee is authorized to execute all documents necessary to accept a grant from TSLAC in the amount of $4,822 for the Edge Implementation Reimbursement Program. SECTION 4. The City Manager or designee is authorized to execute all necessary documents to accept a grant in the amount of $3,000 from TSLAC for the Texas Reads Grant for the period of September 1, 2014 through August 31, 2015. SECTIONS. That $53,421 from TSLAC is appropriated in the Library Grants Fund No. 1068 for execution of grant programs. 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 City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of September 16, 2014 Second Reading for the City Council Meeting of September 23, 2014 DATE: TO: FROM: August 25, 2014 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriation of Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment 2 for the security and perimeter road improvements s at Corpus Christi International Airport. CAPTION: Ordinance appropriating $92,864 from the Federal Aviation Administration Grant No. 3-48-0051- 048-2011, Amendment No. 2, in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $92,864. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 48 in the amount of $3,250,000 to the City of Corpus Christi to fund upgrades to security and perimeter road systems. In addition, City Council approved Amendment No. 1 in the amount of $62,249 on December 10, 2013. The project scope includes placing a portion of the fiber optic infrastructure around the airport perimeter road, three automatic rolling gates, access control readers and various surveillance cameras were installed to enhance airport security. And therefore complete the project. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced automatic gate and access control improvements were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding through Amendment Number 2 to Grant 48 in the amount of $92,864. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the terminal building. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,312,249 0 0 $3,312,249 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $92,864 0 $92,864 BALANCE $3,312,249 $92,864 0 $3,405,113 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Award Letter Page 1 of 2 Ordinance Appropriating $92,864 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment No. 2, in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013- 2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $92,864. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant amendment in the amount of $92,864 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment No. 2, is appropriated in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport. SECTION 2. The fiscal year 2013-2014 capital budget adopted by Ordinance No. 029916 is amended to increase revenues and expenditures by $92,864 each. The foregoing ordinance was read for the first time and passed to its second reading 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 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 Ordinance Grant 48 Amendment2 Appropriation 20140902 Page 2 of 2 PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance Grant 48 Amendment2 Appropriation 20140902 Nelda Martinez Mayor U.S. Department of Transportation Federal Aviation Administration August 20, 2014 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 76193-0650 This is in response to your letter of July 1, 2014 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-048-2011 at Corpus Christi International Airport, Texas. In accordance with. Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on September 13, 2011 is hereby amended by this Amendment No. 2 by increasing the amount set forth on Page 2 of the Grant Agreement from $3,250,000.00 to $3,405,113.00. This increase in the maximum obligation is to provide for allowable 5.0 % cost overrun of $92,864.00. If you have any questions or if we can be of additional service, please contact us. Edward N. Agnew, i ag e r Texas Airports Devel,► sm: t Office AGENDA MEMORANDUM First Reading for the City Council Meeting of September 16, 2014 Second Reading for the City Council Meeting of September 23, 2014 DATE: September 3, 2014 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriate Federal Aviation Administration Grant No. 3-48-0051-051-2014 in the amount of $6,500,000 to rehabilitate Taxiways at Christi International Airport. CAPTION: Ordinance appropriating $6,500,000 from the Federal Aviation Administration Grant No. 3-48- 0051-051-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $6,500,000. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. FAA Grant 51, in the amount of $6,500,000, will fund the rehabilitation of Taxiways B, B1, B2, B3, B4 and B5. BACKGROUND AND FINDINGS: Rehabilitation of the airport taxiway system is a major objective for the FAA and CCIA. The Taxiway Rehabilitation and Reconfiguration Project reflects major emphasis on the construction of a connecting taxiway system consistent with new FAA safety criteria for taxiways adjoining runways. A taxiway is a path that connects runways, ramps and terminals. The new connecting taxiway system will serve the runway by safely and efficiently locating all connecting taxiways at strategic locations relative to the new runway end locations. Project also includes the run-up area, removal of older section of pavement, runway lighting, and LED lighting and signage on taxiways and Airport Lighting Control System (ALCS). The existing surface of Taxiways will be rehabilitated via cold -tar application and marked accordingly. The grant requirements include a 10% local match which will be funded from Airport capital reserves. ALTERNATIVES: No viable alternatives exist for the funding of this project. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The project is consistent with the Airport Master Plan EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Legal Capital Budget Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $210,000 $2,623,000 $2,833,000 Encumbered / Expended Amount This item 6,500,000 6,500,000 BALANCE $210,000 $9,123,000 $9,333,000 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026) RECOMMENDATION: Approval of appropriation ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Grant Agreement Page 1 of 2 Ordinance Appropriating $6,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-051-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $6,500,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant in the amount of $6,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-051-2014 is appropriated in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport. SECTION 2. The fiscal year 2013-2014 capital budget adopted by Ordinance No. 029916 is amended to increase revenues and expenditures by $6,500,000 each. The foregoing ordinance was read for the first time and passed to its second reading 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 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 Ordinance Grant 51 Appropriation 20140902 Page 2 of 2 PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance Grant 51 Appropriation 20140902 Nelda Martinez Mayor U.S. Department of Transportation Federal Aviation Administration S!•' ONSO GRANT AGREEMENT PART 1— OFFER copy Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: The City of Corpus Christi, Texas JUL 1 2814 Corpus Christi International Airport, Texas 3-48-0051-051-2014 782001259 (herein called the "Sponsor") The United States of America (acting through the Federal Aviation Administration, herein called the FROM: "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 19, 2014, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, Texas, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport, Texas (herein called the "Project") consisting of the following: Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1IPage 3-48-0051-051-2014 CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $6,500,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $6,500,000.00 for airport development. 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before July 23, 2014, or such subsequent date as may be prescribed in writing by the FAA. 7. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 8. United States Not Liable for Damage or Injury. The United States is not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 2IPage 3-48-0051-051-2014 9. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 3 I Page 3-48-0051 -051 -201 4 15. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. may not be increased for a planning project; B. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 15 percent for land project. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor, person, or entity. 18. Ban on Texting When Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgra nt. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants, contracts and subcontracts 19. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is in effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 4I Page 3-48-0051 -051 -201 4 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity – 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either— a. Associated with performance under this agreement; or b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29. 2 0. Exhibit A Included with Grant Application. The Exhibit "A" updated May 18, 2012, submitted with the project application is made a part of this grant agreement. 5IPage 3-48-0051-051-2014 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRA ION 4.-C,6--t-f Edward N. Manager, Texas Airports Development Office 6IPage 3-48-0051-051-2014 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under n ItteS perjury that foregoing is true andicorrect.1 Executed this _ r of i.day L1 , c�a 1 ` 4 By: Title: Y ame onsor) (Signature onsor's Designated Official Representative) Wesley S. Pierson (Typed Name of Sponsor's Designated Official Representative) GS MaAvencr (Title of Spon or) CERTIFICATE OF SPONSOR'S ATTORNEY 1, lZC611" I -boi , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of ‘Te.SCC.Z.9 . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. r: Dated at a this day of 4,71(K,f, / /i�By •� nature of Sponsor's Attorney 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001(False Statements) and could subject you to fines, imprisonment, or both. 7IPage 3-48-0051-051-2014 OMB Number. 4040-0004 Expiration Date: 03/31/2012 pplication for Federal Assistance SF -424 *1. Type of Submission ❑ Preapplication * 2. Type of Application * If Revision, select appropriate letter(s): * Other (Specify) ✓ New ❑ Continuation ❑ Revision ✓ Application ❑ Changed/Corrected Application * 3. Date Received: 4. Application Identifier: 5a. Federal Entity Identifier: 3-48-0051-051-2014 * 5b. Federal Award Identifier: 3-48-0051-051-2014 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name: City of Corpus Christi, Texas * b. Employer/Taxpayer Identification Number (EIN/TIN): 74-600074 *c. Organizational DUNS: 782001259 d. Address: * Streets: 1000 International Drive Street 2: * City: Corpus Christi County: Nueces * State: Texas Province: Country: USA *Zip/ Postal Code: 78406-1801 e. Organizational Unit: Department Name: City of Corpus Christi, Texas Division Name: Aviation Department f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. First Name. Fernando Middle Name: * Last Name: Segundo Suffix: Title: Director of Aviation Organizational Affiliation: Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406-1801 * Telephone Number: 361-289-0171 ext. 1213 Fax Number: 361-289-0251 * Email: FredS(a?cctexas.com OMB Number: 4040-0004 • Application for Federal Assistance SF -424 9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: - Select One - Type of Applicant 3: Select Applicant Type: - Select One - * Other (specify): * 10. Name of Federal Agency: Federal Aviation Administration,Texas ADO, Fort Worth, Tx. 76193-0610 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program 12. Funding Opportunity Number: 3-48-0051-051-2014 Title: Rehabilitate Taxiways B, B1, B2, B3, B4, and B5. 13. Competition Identification Number: 3-48-0051-051-2014 Title: Rehabilitate Taxiways B, B1, B2, B3, B4, and B5. 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Corpus Christi, Nueces County, San Patricio County, Texas * 15. Descriptive Title of Applicant's Project: Rehabilitate Taxiways B, B1, B2, B3, B4, and B5. Attach supporting documents as specified in agency instructions. OMB Number: 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 16. Congressional Districts Of: Tx -27 * a. Applicant Tx -27 * b. Program/Project: Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 * a. Start Date: July 29,2014 * b. End Date: December 10,2015 18. Estimated Funding ($): *a. Federal $6,500,000.00 *b. Applicant $722,223.00 c. State *d. Local $0.00 *e. Other $0.00 *f. Program Income $0.00 *g. TOTAL $7,222,223.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. / c. Program is not covered by E.O. 12372. *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) Yes / No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001). ,/ **I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Fernando Middle Name: *Last Name: Segundo Suffix: *Title: Director of Aviation *Telephone Number: 361-289-0171 ext.1213 Fax Number: 361-289-0251 *Email: Fredscctexas.com cr *Signature of Authorized Representative: Date Signed: 6-23-2014 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION OMB NO. 2120-0569 11/30/07 Item 1. Does this assistance request require State, local, regional, or other priority rating? LI Yes X No Name of Governing Body: Priority: Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes X No Name of Agency or Board: (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Yes X No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency_ Date: / / Item 5. Is the proposed project covered by an approved comprehensive plan? X Yes Check one: No Location of Plan: State Local Regional X ACIP Item 6. Will the assistance requested serve a Federal installation? Yes X No Name of Federal Installation: Federal Population benefiting from Project: Item 7. Will the assistance requested be on Federal land or installation? Yes X No Name of Federal Installation: Location of Federal Land: Percent of Project: Item 8. Will the assistance requested have an impact or effect on the environment? Yes X No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? Yes X No Number of: Individuals. Families. Businesses. Farms. Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No See instructions for additional information to be provided. FAA Form 5100-101 (6-73) SUPERSEDES FAA FORM 5910-1 AND 5920-1 Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II — SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Covered in the Corpus Christi International Airport 20 -year Master Plan and the City of Corpus Christi Airport Area Plan. This plan covers the Airport and its environs and has protection for the Airport written into it, including zoning ordinances. The area plan has been incorporated into the City's Comprehensive Plan. A Part 150 Noise Compatibility Study for the Corpus Christi International Airport was approved in September 2000. It was incorporated into the Airport's Master Plan to assume compatible land use surrounding the airport. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the property map designated as Exhibit "A": Within existing Airport Boundary, See Exhibit "A" State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. CA A 17 -..... cA nn Ann /A 7Q\ U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "B": (c) N/A The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "B": N/A 5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE * State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. r n A r_ _.__ r A 11 ll Ann IA -le, U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 PART III - BUDGET INFORMATION -- CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. 2. Functional or Other Breakout 20.106 SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 10,000.00 2. Preliminary expense $ 00.00 3. Land, structures, right of way $ 00.00 4. Architectural engineering basic fees $ 370,749.00 5. Other architectural engineering fees (Const. Mgmt., Inspection , Surveying & Testing) $ 500,000.00 6. Project inspection fees $ 00.00 7. Land development $ 00.00 8. Relocation Expenses $ 00.00 9. Relocation payments to Individuals and Businesses $ 00.00 10. Demolition and removal $ 00.00 11. Construction and project improvement $ 6,341,474.00 12. Equipment $ 00.00 13. Miscellaneous $ 00.00 14. Total (Lines 1 through 13) $ 7,222,223.00 15. Estimated Income (if applicable) $ 00.00 16. Net Project Amount (Line 14 minus 15) $ 7,223,223.00 17. Less Ineligible Exclusions $ 00.00 18. Add: Contingencies $ 00.00 19. Total Project Amt. (Excluding Rehabilitation Grants) $7,222,223.00 20. Federal Share requested of Line 19 $6,500.000.0 21. Add Rehabilitation Grants Requested (100 Percent) $ 00.00 22. Total Federal grant requested (Lines 20 & 21) $ 6,500,000.00 23. Grantee share $ 722,223.00 24. Other shares $ 00.00 25. Total project (Lines 22, 23 & 24) $ $ $ 7,222,223.00 GPO 865.480 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. $ $ b. c. d. e. f. g. Totals $0.00 $0.00 SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 722.223.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) Airport Reserves h. TOTAL — Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $722,223.00 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach — See Instructions) AGENDA MEMORANDUM First Reading for the City Council Meeting of September 16, 2014 Second Reading for the City Council Meeting of September 23, 2014 DATE: September 3, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., AICP, Director of Development Services danielmg@cctexas.com 361-826-3595 Southside FM 2444 Annexation CAPTION: An ordinance annexing Laureles Farm Tracts adjacent to the city limits located in Nueces County along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the proposed APEX Wind Farm; providing for a Municipal Services Plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; designating area once annexed to be added to City Council District Number 5; providing for severance; and providing an effective date. PURPOSE: The purpose of the annexation is to protect an area to the south of the City for future growth, including but not limited to residential development, which has been identified as the proposed APEX Wind Farm. (See Exhibit A: Location Map) BACKGROUND AND FINDINGS: Local Government Code provides that cities with a population of more than 100,000 shall have a growth area reserved for future expansion called the Extraterritorial Jurisdiction (ETJ) which is five miles beyond the existing city limits. The City Council has expressed concern that growth in the ETJ, specifically the proposed Chapman Ranch Windfarm located on the proposed annexation area, could be detrimental to future growth in the area. The proposed annexation area is located in the City's ETJ with an area of approximately 16.34 square miles, 83 tracts of land owned by 32 owners including 16 dwellings with an estimated population of 44. Existing land uses primarily consist of farm and ranch lands. There are no existing commercial wind farms in the area. Upon annexation, the property will be designated with an initial zoning designation per the Unified Development Code 4.5.1 Newly Annexed Territory of "FR" Farm Rural District. The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use, platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners — and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect property values. As required by Local Government Code Chapter 43, two public hearings were conducted August 19th and on August 26th . Also in accordance with State Law a Municipal Services Plan was explained at the public hearings. ALTERNATIVES: 1. Per state law, the City has contacted each property (See Exhibit C) with an invitation to consider opting out of the annexation by signing a development agreement. The agreement would allow for the continuation of existing uses on the property (except for a wind turbine not allowed by the Unified Development Code) provided that the owner does not initiate development of the property, including development of a wind farm and, that the property meets the tax exemption in state law commonly referred to as an agricultural exemption. This agreement would allow the city to extend its land use controls (zoning, building, etc.) to the subject property but would not allow or cause the City to levy property tax on the subject property. 2. Approval of a development agreement for a portion of the wind farm in the City's Extraterritorial Jurisdiction by determining the development agreement conditions that would be agreeable to the City. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: a. Pursue a policy of annexation of lands at the periphery of the City to achieve orderly growth. b. Pursue a policy of annexation adjacent to the City's growth areas in order to extend zoning ordinance control consistent with adopted land use plans. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: All services shall be provided according to the Municipal Services Plan. Access to infrastructure by properties within the annexed areas shall be allowed in accordance with City policy, including, but not limited to the Unified Development Code. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Property Owner Letter and Development Agreement Ordinance with the Municipal Services Plan AN ORDINANCE ANNEXING LAURELES FARM TRACTS ADJACENT TO THE CITY LIMITS LOCATED ALONG AND ON BOTH SIDES OF FM 2444, AREAS SOUTH OF FM 2444 AND WEST OF COUNTY ROAD 41, COMMONLY REFERRED TO AS A PORTION OF THE CHAPMAN RANCH AND A PORTION OF THE PROPOSED APEX WIND FARM; PROVIDING FOR A MUNICIPAL SERVICES PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; DESIGATING AREA TO BE ADDED TO CITY COUNCIL DISTRICT NUMBER 5; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex land, located south and southwest of the existing city limits and considered to be in the City's primary growth corridor; WHEREAS, on August 19th and 26th, 2014, public hearings were held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection, including on the City's website on August 18, 2014 and made available for public discussion at public hearings on August 19th and August 26th, 2014; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, this annexation will leave out property where the property owner has signed a Development Agreement with the City of Corpus Christi as per Local Government Code Chapter 43; WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that leaving the property owned by Nueces County outside, but completely surrounded by, the city limits of the City of Corpus Christi is in the public interest. SECTION 2. That a 10,463 acre tract of land, more or less, out of Laureles Farm Tract Survey, and located on both sides of FM 2444, to the south of FM 2444 and to the west of County Road 41, including a portion of the Chapman Ranch and proposed APEX Wind Farm Area, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is described by metes and bounds and a map in Exhibit A of the Municipal Services Plan attached to this ordinance. SECTION 5. That there is approved, as part of this annexation ordinance, a Municipal Service Plan. The Service Plan, attached to this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 6. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 7. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm and Rural District. SECTION 8. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 10. This ordinance goes into effect at a.m, , 2014. Exhibit A Attached to the Annexation Ordinance Municipal Services Plan for the Southside FM 2444 Area SOUTHSIDE FM 2444 AREA PROFILE Southside FM 2444 Area Information Southside FM 2444 Area Corpus Christi Total Land Area in Square Miles: Total Water Area in Square Miles: Total 2014 Population: Total 2014 Housing Units: 2012 Median Age 2012 Median Household Income Source: US Census/American Fact Finder and City of Corpus Christi Existing Uses Southside FM 2444 Area 16.34 0.0 44 16 35.6 $67,721 Agricultural / Vacant Residential Industrial Public Semi Public Rig ht -of -Way Total Location Map Acres 10,433.69 20.77 3.81 4.73 196.47 10,463.00 150.58 353.46 320,231 129,254 34.4 $47,029 Percent 97.84% 0.20% 0.04% 0.05% 1.88% 100.00% CITY OF CORPUS CHRISTI = SOUTHS9DE FM2444 Q CURRENT CITY LIMITS Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 5, 2014 Page 2 of 13 Legal Department MUNICIPAL SERVICES PLAN FOR THE SOUTHSIDE FM 2444 AREA INTRODUCTION This Municipal Services Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of approximately 16.34 square miles of land generally located south of FM 2444 and west of County Road 41. Exhibit A, attached to this Plan contains a metes and bounds description and a map of the area. This plan will be attached to the ordinance annexing the Southside FM 2444 Area. The proposed annexation of the Southside FM 2444 Area will follow all of the requirements contained in the Texas Local Government Code Chapter 43 required for annexation, including but not limited to, requirements for public notice and public hearings. In addition, the FM 2444 Area proposed for annexation satisfies Chapter 43, Section 43.052.h, that exempts an area proposed for annexation from the requirement that an area to be annexed must first be included in the City's Annexation Plan for three years prior to adoption of an annexation ordinance. Section h. specifies that if an area contains less than 100 residential units on separate tracts, then the area to be annexed is "exempt" from the plan requirement. Based on a land use analysis and appraisal district records for the area there are 16 dwellings on separate tracts. Therefore, the area proposed for annexation is "exempt" from the annexation plan requirement. EFFECTIVE TERM This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. INTENT The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. Municipal Services Plan For the Southside FM 2444 Area Page 3 of 13 Development Services Department September 5, 2014 Legal Department SERVICE ELEMENTS 1. General Municipal Services. The subject properties are located within the City's extraterritorial jurisdiction and are more particularly described in the Ordinance to which this service plan is attached. Pursuant to this Plan, the following services shall be provided immediately from the effective date of the annexation: a. Police protection as follows: Routine patrols of areas, radio response to calls for police service and all other police services now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. b. Fire Protection Services as follows: Fire protection by the present personnel and equipment of the City fire fighting force with the limitations of water available at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. c. Emergency Medical Services as follows: Radio response for Emergency Medical Services with the present personnel and equipment at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. d. Solid waste collection services as follows: Solid waste collection and services as now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. e. Operation and Maintenance of Water and Wastewater Facilities Water and wastewater service will be provided in accordance with the Corpus Christi Code of Ordinances, Utility Department Policies and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. Municipal Services Plan For the Southside FM 2444 Area Page 4 of 13 Development Services Department September 5, 2014 Legal Department f. Operation and Maintenance of Roads and Streets, including Street Lighting The City will maintain public streets over which the City has jurisdiction at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. g. Street Department services include: Emergency pavement repair; Maintenance of public streets; and Traffic Engineering. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including pavement roughness, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Street Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re -striped and remarked and signage replaced as needed. Immediately following annexation, all properties will be subject to the City's monthly street fee program. The street fee is a monthly fee which is collected from Corpus Christi residents and business owners and which appears on their monthly utility bills. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. At this time there are no public recreational facilities in the annexation area including parks, playgrounds, and swimming pools. h. Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service. At this time there are no such other publicly owned facilities. Should the City acquire any other facilities and buildings within the annexation area, an appropriate City department will provide maintenance services at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. i. Other Services. All other City Departments with jurisdiction in the area will provide services according to City policy and procedure. Municipal Services Plan For the Southside FM 2444 Area Page 5 of 13 Development Services Department September 5, 2014 Legal Department 2. CAPITAL IMPROVEMENTS PROGRAM The City will initiate the construction of capital improvements for providing municipal services for the annexation area as necessary. Each component of the Capital Improvement Program is subject to the City providing the related service directly. In the event that the related service is provided through a contract service provider, the capital improvement may not be constructed or acquired by the City but may be provided by the contract provider. The City may also lease buildings in lieu of construction of any necessary buildings. a. Police Protection. No capital improvements are necessary at this time to provide police services. b. Fire Protection. No capital improvements are necessary at this time to provide fire services. c. Emeraencv Medical Service. No capital improvements are necessary at this time to provide EMS services. d. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services. e. Water and Wastewater Facilities. The annexation area will be included with all other areas of the city in the City's Capital Improvements Program. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. f. Roads and Streets. No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. g. Parks. Plavarounds and Swimmina Pools. No capital improvements are necessary at this time to provide services. h. Street Lighting. No capital improvements are necessary at this time to provide services. Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. i. Other Publicly Owned Facilities. Building or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. Municipal Services Plan For the Southside FM 2444 Area Page 6 of 13 Development Services Department September 5, 2014 Legal Department j. Caaital Imarovements Plannina. The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan. AMENDMENT: GOVERNING LAW This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. FORCE MAJEURE In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Municipal Services Plan For the Southside FM 2444 Area Page 7 of 13 Development Services Department September 5, 2014 Legal Department EXHIBIT A METES AND BOUNDS SOUTHSIDE FM 2444 ANNEXATION AREA An approximately 10,463 acre tract of land out of Laureles Farm Tracts, recorded in Volume 3 Page 15 and Volume 4 Page 36 of the Map Records, Nueces County, Texas and more particularly described as follows save and except a portion of the property described and attached herein in accordance with City Council approved Development Agreements per Local Government Code 43.035: BEGINNING at the northeast corner of said 10,463 acre tract, more or less, a point on the west right-of-way line of existing County Road 41, located 500 feet north of the centerline of F.M. 2444, for the north corner of the tract herein described; THENCE west and 500 feet north of and parallel to the centerline of FM 2444 for a distance of approximately 3 miles, to a point on the west right-of-way line of County Road 47; THENCE south along the west right-of-way line of County Road 47 and 20 feet west of the east boundary of Section 27 Laureles Farm Tracts to a point on the north right-of-way line of FM 2444; THENCE to the west along the south boundary of the north half of Sections 27 and 26 Laureles Farm Tracts also being the north right-of-way of FM 2444 to the northwest corner of the southeast quarter of Section 26 Laureles Farm Tracts; THENCE to the south, with the west boundary of the southeast quarter of Section 26 Laureles Farm Tracts and parallel with County Road 49 a distance of 0.5 miles to the northeast corner of the northwest quarter of Section 37 Laureles Farm Tracts; THENCE in a westerly direction along the north boundary of Sections 37, 38 and 39 Laureles Farm Tracts to a point located approximately 2000 feet past the northeast corner of Section 39 Laureles Farm Tracts, to the westerly boundary of the Corpus Christi Extraterritorial Jurisdiction formed by Annexation Ordinance 022267 on July 18, 1985 and by annexation ordinance 020039 on October 27, 1985; whose radius point is the southwest corner of a 308.99 Acre Tract out of Shares 1, 2, 3, 4, and 10, Section D of the Laureles Farm Tracts and by Annexation Ordinance 020039 on October 27, 1985 whose radius point is the southwest corner of a 298.056 Acre Tract out of the South 1/2 of Section 31 and the North 1/2 of Section 32 of the Laureles Farm Tracts; THENCE in a southeasterly direction following the Corpus Christi Extraterritorial Jurisdiction formed by Annexation Ordinance 022267 on July 18, 1985 whose radius point is the southwest corner of a 308.99 Acre Tract out of Shares 1, 2, 3, 4, and 10, Section D of the Laureles Farm Tracts and by Annexation Ordinance 020039 on October 27, 1985 whose radius point is the southwest corner of a 298.056 Acre Tract out of the South 1/2 of Section 31 and the North 1/2 of Section 32 of the Laureles Farm Tracts to the east right-of-way line of County Road 43, crossing Sections 39, 38, 48, 72, 83, 84, 107, 106, 121 and 122 of Laureles Farm Tracts to a point on the east right of way of County Road 43; THENCE in a northerly direction following the east right-of-way line of County Road 43 to a point being 20 feet east of the northwest corner of the south half of Section 104 Laureles Farm Tracts; Municipal Services Plan For the Southside FM 2444 Area Page 8 of 13 Development Services Department September 5, 2014 Legal Department THENCE in an easterly direction along the north boundary of the south half of Section 104 Laureles Farm Tracts to a point on the west boundary of Section 103 Laureles Farm Tracts; THENCE in a northerly direction along the west boundary of Section 103 and 88 Laureles Farm Tracts to the northwest corner of the south half of Section 88 Laureles Farm Tracts; THENCE in a westerly direction along the south boundary of the north half of Section 87 Laureles Farm Tracts to the east right-of-way line of County Road 43; THENCE north along the east right-of-way line of County Road 43 to a point 20 feet east of the southwest corner of north half of Section 68 Laureles Farm Tracts; THENCE east along the north boundary of the south half of Section 68 Laureles Farm Tracts to the southeast corner of the north half of Section 68 Laureles Farm Tracts; THENCE in a northerly direction along the west boundary of Section 67 Laureles Farm Tracts to the northwest corner of Section 67 Laureles Farm Tracts; THENCE to the west along the north boundary of Section 68 Laureles Farm Tracts to the east right- of-way line of County Road 43; THENCE in a northerly direction along the east right-of-way line of Country Road 43 to the point on the north right-of-way line of County Road 14A; THENCE to the west along the north right-of-way line of County Road 14A extended along the south boundary of the north half of Sections 51, 50 and 49 Laureles Farm Tracts to a point on the east right-of-way line of County Road 49; THENCE to the north along the east right-of-way line of County Road 49 being 20 feet east of the west boundary of Sections 49 and 36 Laureles Farm Tracts to a point on the south right-of-way line on County Road 18 being 20 feet south of the northwest corner of the south half of Section 36 Laureles Farm Tracts; THENCE to the east along the south boundary of County Road 18 being 20 feet south of the south boundary of the north half of Section 36 Laureles Farm Tracts to a point on the east right-of-way line of County Road 47 and 20 feet west of the southwest corner of the north half of Section 35; THENCE to the north along the east right-of-way line of County Road 47 and 20 feet east thereof the west boundary of Sections 35 and 28 Laureles Farm Tracts to a point 500 feet south of the centerline of FM 2444; THENCE to the east 500 feet south of and parallel to the centerline of FM 2444 to a point on the west right-of-way line of County Road 41 and the existing Corpus Christi city limits (Ordinance 022267, July 18, 1995) and the east boundary of Section 30 Laureles Farm Tracts to a point; THENCE to the north along the west right-of-way line of County Road 41 and the existing Corpus Christi city limits (Ordinance 022267, July 18, 1995) and the east boundary of Section 30 Laureles Farm Tracts 1000 feet, to the west right-of-way line of County Road 41 and the Corpus Christi city limits (Ordinance 022267, July 18, 1995) to the POINT OF BEGINNING. Municipal Services Plan For the Southside FM 2444 Area Page 9 of 13 Development Services Department September 5, 2014 Legal Department Southside FM 2444 Annexation Area Map —LTUT 1 s Ost#PMNY m a m J kr NJJ14^ dJ 4 3 8 Municipal Services Plan For the Southside FM 2444 Area Page 10 of 13 Development Services Department September 5, 2014 Legal Department Property Owner Signed and City Council Adopted Development Agreements Per Local Government Code 43.035 Municipal Services Plan For the Southside FM 2444 Area Page 11 of 13 Development Services Department September 5, 2014 Legal 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 City Secretary Nelda Martinez Mayor Municipal Services Plan For the Southside FM 2444 Area Page 12 of 13 Development Services Department September 5, 2014 Legal Department ,/ l•P'*' Ja4. ✓•b•����¢� 00 ,�y 7 ©off `°. 4 , mk O tN 0 0 1 r-98Z-Ann L4 A 1 0 0 .0 O 0-4 b0 301N21 VI21VW VJ NVS t921J C41 E921J c� £9210 ES 210 -s\N 0 W 0 0 0 U U J Kleberg County July 17, 2014 [Name] [Address] LEGAL DESCRIPTION: TAX ID #: SUBJECT: Proposed Annexation — Southside FM 2444 Area Dear Property Owner: On July 15, 2014, the City of Corpus Christi initiated the process to expand its corporate boundaries by proposing to annex 10,463 acres of land generally located south and southwest of the city. (See attached map) The purpose of this letter is to invite you as a property owner of record to annexation public hearings and to provide a sample development agreement, per state law, that could allow qualifying property owners to opt out of the annexation. To allow for public comment, questions, and general input on the annexation as proposed, the City Council has scheduled two (2) public hearings on this issue. The first public hearing will be held on August 19, 2014. The second will be held on August 26, 2014. Both public hearings will be held at the Corpus Christi City Council Chamber, lst Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas, beginning around 11:30 a.m. All interested parties are encouraged to attend and offer comment. In lieu of annexation, State law requires the City to offer some properties a development agreement instead of annexation. If your land is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E, Chapter 23, Texas Tax Code, you are eligible to negotiate and enter a development agreement with the City (sample enclosed). Such an agreement provides for the continuation of the extraterritorial jurisdiction status of your land so long as the use of your land that entitles you to the agreement does not change. Should the use of your land change to a use other than agricultural, wildlife management or timber land, the agreement would automatically terminate and the land would be annexed into the City at such time, regardless of how the land is appraised for ad valorem tax purposes. Entering an agreement will authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of your land for agriculture, wildlife management, or timber land. Such regulations include the Unified Development Code, building codes, nuisance regulations, animal control, and general health and sanitation regulations. For your information, entering into this agreement will prohibit the construction of a windfarm on your property. If your property qualifies and you intend to enter into a Development Agreement, please notify us within (30) days of the date this letter. (See contact info below) Proposed Annexation — Southside FM 2444 Area July 17, 2014 Page 2 For your information, entering into the Development Agreement will not cause or allow the City to levy city property taxes on your property. If the City does not receive notification of intent to enter into a Development Agreement within thirty (30) days of the date of this letter we will assume that you are not interested in entering into an agreement. City services will be provided to your property in accordance with a Municipal Services Plan that will be formally adopted by City Council as part of this process. In general, upon annexation into the City, the City will immediately provide police patrol, fire protection, emergency medical response and solid waste pickup for residential properties. A proposed Municipal Services Plan for the Southside FM 2444 area will be posted on the City's website by August 19, 2014. (www.cctexas.com) The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use, platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners — and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect your property values. Additionally, the inclusion of this area into the City limits will provide better uniformity in the provision of public safety services such as police, fire and EMS. We are committed to assisting you throughout the process by providing any information relating to this pending annexation or answering questions that you may have. Please contact Bob Payne, Special Projects Coordinator at 361-826-3572 or by email at bobpayne@cctexas.com with any questions and if you wish to pursue a Development Agreement. Respectfully, Barney Wil amm , P.E. Interim Dir tor of Development Services Enclosures Annexation Area Map Development Agreement Proposed Annexation — Southside FM 2444 Area July 17, 2014 Page 3 Annexation Area Map DEVELOPMENT AGREEMENT UNDER SECTION 43.035, TEXAS LOCAL GOVERNMENT CODE This Development Agreement under Section 43.035, Texas Local Government Code (the Agreement") is entered between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner") The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns a parcel of real property in Nueces County, Texas, which is more particularly described in the attached Exhibit "A" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, under Section 43.035 the City is required to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Section 43.035 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Extraterritorial Jurisdiction Status of Property. The City agrees that the Property shall remain in the City's extraterritorial jurisdiction (the "ETJ") and the City shall not annex the Property during the term of this Agreement, subject to the terms and conditions of this Agreement. Section 2. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's ETJ, the Owner covenants and agrees to the following: (a) The Owner shall use the Property only for agriculture, wildlife management, and/or timber land uses, as defined by Chapter 23 of the Texas Tax Code, that are existing on the Effective Date of this Agreement, except for single-family residential use existing on the Effective Date or as otherwise provided by this Agreement. (b) The Owner shall not subdivide the Property, or file for approval of a subdivision plat, site plan, or related development document for the Property with Nueces County or the City until the Property is annexed into and zoned by the City. (c) The Owner shall not construct or allow to be constructed any building or structure on the Property that requires a building permit until the Property is annexed into and zoned by the City. Accessory structures authorized under the City's Unified Development Code and buildings or structures that are related to and necessary for the use of the Property as authorized under Section 2(a) (excluding new single family residences) are exceptions to this Section 2(c), provided that the Owner obtains required building permits prior to construction. (d) The City's zoning regulations shall apply to the Property, and in addition to the uses authorized by the Unified Development Code, the Property may also be used for wildlife management or timber land, as defined by Chapter 23 of the Texas Tax Code, if such uses existed on the Effective Date of this Agreement. Fences shall not be subject to setback requirements. The City's building codes and (e) regulations shall apply to the Property except as provided otherwise in this Section 2(d). Any buildings or structures constructed on the Property after the Effective Date shall be constructed in compliance with the regulations in the Unified Development Code and applicable building codes and regulations, provided that building permits and related inspections shall only be required for the construction of a new single family residence and additions to an existing single family residence that are authorized to be located on the Property under this Agreement. The Owner shall not construct or allow to be constructed wind energy units on his land for the commercial sale of wind energy as defined in the Unified Development Code, Section 5.6. Section 3. Development and Annexation of Property. (a) The following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any application for plat approval, site plan approval, building permit or related development document for the Property, or the commencement of development of the Property, except as specifically authorized herein. (2) The Owner's failure to comply with Section 2. (3) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions, provided that the Owner is in compliance with Section 2. (4) The filing for voluntary annexation of the Property into the City by the Owner. (5) The expiration of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 3(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Upon annexation, municipal services shall be provided to the Property in accordance with the adopted municipal services plan. Section 4. Application of City Regulations. Pursuant to Section 43.035(b)(1)(B), Texas Local Government Code, the Property is subject to all of the City's regulations, as they are amended from time to time, and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries and the Owner acknowledges and agrees that the City is hereby authorized to enforce said regulations and planning authority except as specifically provided otherwise herein. Section 5. Term. The term of this Agreement (the "Term") is fifteen (15) years from the Effective Date. Section 6. Vested Rights Claims. This Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 2 herein. The Owner further waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Authorization. (a) All parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. (b) The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect. The failure of each and every owner of the Property to sign this Agreement at the time of approval and execution by the City shall result in the Agreement being void, and the City may, within its discretion, annex the Property in accordance with applicable law. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Notices required to be sent to the Owner shall be sent by personal delivery or certified mail, return receipt requested, to the Owner at the following address: Section 9. Covenant Running with the Land. This Agreement shall run with the Property, and a memorandum of this Agreement in a form substantially similar to that set forth in Exhibit "B" shall be recorded in the Official Public Records of Nueces County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement. Conveyance of the Property, or portions thereof, to subsequent owners does not trigger a request for voluntary annexation unless Section 2 is also violated. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be inNueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Effective Date. This Agreement shall be in full force and effect as of the date of approval of this Agreement by the City Council, from and after its execution by the Parties. Section 19. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Entered into this day of , 2014. Owner (s) Printed Name: Printed Name: City of Corpus Christi, Texas STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME the undersigned authority on this day personally appeared , Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. Notary Public - State of Texas STATE OF TEXAS COUNTY OF NUECES § § BEFORE ME the undersigned authority on this day personally appeared , Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. STATE OF TEXAS COUNTY OF NUECES § § Notary Public - State of Texas BEFORE ME the undersigned authority on this day personally appeared , City of Corpus Christi, Texas and acknowledged that he is fully authorized to execute the foregoing document and that he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. Notary Public - State of Texas EXHIBIT "A" Nueces County Appraisal District Tax Id. #: Nueces County Appraisal District Property Description: Exhibit "B" MEMORANDUM OF RECORD NOTICE OF DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered into that certain Development Agreement under Section 43.035, Texas Local Government Code dated , 20 , (the "Agreement"); Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which, pursuant to the terms and conditions of the Agreement, effectively guarantees the continuation of the extraterritorial status of Owner's property that is currently appraised for ad valorem tax purposes as agricultural land under Subchapter C or D, Chapter 23 of the Tax Code until the Agreement expires or the property is developed for purposes other than agriculture; Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property"); Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and needlessly burdensome; and Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of the Agreement encumbering the Property; NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the Deed Records of Nueces County, Texas, for the purpose of giving notice to all persons that: (1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are available upon request. (2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with all other applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement. (3) The Agreement provides that any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. Executed and filed this the day of , 2014. THE STATE OF TEXAS By: Name: Title: COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. (SEAL) After Recording Return to: City of Corpus Christi Attn: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 Notary Public -State of Texas AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 16, 2014 Second Reading Item for the City Council Meeting of September 23, 2014 DATE: TO: September 5, 2014 Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager Business Support Services WesP@cctexas.com (361) 826-3082 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Constance Sanchez, Director Financial Services ConstanceP@cctexas.com (361)826-3227 Ordinance Amending Fiscal Year 2014 Capital Budget Mary Rhodes Pipeline, Phase 2 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Mary Rhodes Pipeline Phase 2 in the amount of $14,000,000 from Fiscal Year 2015 to Fiscal Year 2014; and increasing expenditures in the amount of $14,000,000. PURPOSE: The purpose of this agenda item is to amend the Fiscal Year 2014 Water Capital Improvement Program Budget to accelerate funding for the Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: Due to the extension of the Fiscal Year from July 2014 to September 2014, funding programmed for construction expenditures in FY 2015 must be moved to FY 2014 to compensate for the expedited construction of the Mary Rhodes Pipeline Phase 2. This item needs to be approved so a wire transfer to the contractor may be completed prior to the fiscal year-end financial deadlines in place to facilitate the migration to the new financial system. When the Fiscal Year 2014 Water Capital Improvement Program Budget was developed, in Spring 2013, the anticipated construction timeline for the Mary Rhodes Pipeline Phase 2 was approximately three years. During the late stage of the design phase, the project was broken into different segments to allow for multiple contractors to work simultaneously and thus shorten the construction time. Currently, Garney Companies, Inc. of Kansas City Missouri, the contractor working on pipeline segments A, B, and C, has expedited construction and is approximately 8 to 10 percent ahead of schedule. Funds originally programmed to be spent in Fiscal Year 2015 must now be transferred to Fiscal Year 2014 to allow for prompt payment to this contractor in accordance with state law. This agenda item does not increase the total project budget. ALTERNATIVES 1. Approve the Ordinance as presented so payment is possible. 2. Do not approve the ordinance. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $52,000,000 $98,000,000 $150,000,000 This Item 14,000,000 -14,000,000 14,000,000 Revised Budgeted Amount $66,000,000 $84,000,000 $150,000,000 Fund(s): Water CIP Mary Rhodes Pipeline, Phase 2 Revenue Bonds Comments: N/A RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed so a wire transfer may be completed prior to the approval of the Fiscal Year 2015 Capital Budget and transition timelines for the new financial system. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE AMENDING THE FY 2014 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 029916 BY ACCELERATING FUNDING FOR THE MARY RHODES PIPELINE PHASE 2 IN THE AMOUNT OF $14,000,000 FROM FISCAL YEAR 2015 TO FISCAL YEAR 2014; AND INCREASING EXPENDITURES IN THE AMOUNT OF $14,000,000. 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 $14,000,000 from Fiscal Year 2015 to Fiscal Year 2014 to the Mary Rhodes Pipeline Phase 2 project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $14,000,000 to the Mary Rhodes Pipeline Phase 2 project. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , 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 City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 09/16/2014 Second Reading Ordinance for the City Council Meeting of 09/23/2014 DATE: TO: September 5, 2014 Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Manager, Office of Management and Budget EddieHo©cctexas.com (361) 826-3792 Adoption of Proposed FY 2014-2015 Operating Budget CAPTION: Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning October 1, 2014; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by the City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular September 23, 2014 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 830,117,690 830,117,690 Encumbered / Expended Amount This item BALANCE 830,117,690 830,117,690 Fund(s): All Operating Funds Comments: Total proposed expenditures are $830,117,690 and total proposed revenues are $832,787,546 which includes an increase of $8,496,725 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Council Amendment Sheet AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2014; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2014, and ending September 30, 2015, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $830,117,690 and estimated revenues amounting to $832,787,546 for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 389* Police Lieutenant - 37 Police Captain - 15 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY14-15 TOTAL 449 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY14-15 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized total through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. 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 in 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 day of ATTEST: Rebecca Huerta City Secretary Approved as to form: By: Buck Brice, Assistant City Attorney for the City Attorney Nelda Martinez Mayor Attachment A - Schedule of Adjustments City of Corpus Christi Amendments to the FY 2014-2015 Proposed Budget TOTAL PROPOSED REVENUES 832,787,546 TOTAL PROPOSED EXPENDITURES 830,117,690 Water Fund 4010 Proposed Revenues Adjustments: Decrease ICL Residential Revenue Decrease ICL Commercial Revenue Decrease ICL Large Volume Revenue Total Adjusted Revenues 135,122,559 4,059,794 4,158,167 382,039 126,522,559 Golf Capital Reserve Fund - 4691 Proposed Revenues Adjustments: Decrease Surcharge Revenue Total Adjusted Revenues Proposed Expenditures Adjustments: Increase Reserve (for capital projects) Total Adjusted Expenditures 175,000 50,000 125,000 125,000 50,000 175.000 TOTAL AMENDED PROPOSED REVENUES TOTAL AMENDED PROPOSED EXPENDITURES 824,137, 546 830,167,690 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 09/16/2014 Second Reading Ordinance for the City Council Meeting of 09/23/2014 DATE: September 5, 2014 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Manager, Office of Management and Budget EddieHo©cctexas.com (361) 826-3792 Ordinance Adjusting Water, Wastewater and Gas Rates CAPTION: Ordinance amending the Code of Ordinances, Chapter 55, regarding water, gas and wastewater rates and fees; water laboratory charges; compressed natural gas rates and charges; providing for publication, providing for severance, and providing effective date. PURPOSE: To amend the Code of Ordinances for the revision of Water, Wastewater and Gas rates. BACKGROUND AND FINDINGS: The Proposed FY 2014-2015 Budget includes estimates of revenues generated from increased fees and rates and new fees/rates necessary to fund specific projects and/or cover existing operating costs. ALTERNATIVES: Council may choose not to amend the Code of Ordinances. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular September 23, 2014 City Council meeting. DEPARTMENTAL CLEARANCES: Water, Wastewater, Gas FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,139,156 $7,139,156 BALANCE $7,139,156 $7,139,156 Fund(s): Comments: Rate changes and/or consumption changes will generate estimated additional revenue of ($2,334,542) for Water, $8,334,475 for Wastewater and $1,139,223 for Gas. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance amending the Code of Ordinances, regarding water, gas and wastewater utility rates and fees; water laboratory charges; compressed natural gas rates and charges; providing for publication, providing for severance, and providing effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised. The new rates are shown in underlined text and the former rates are shown as struck through text, as follows: ARTICLE III. WATER RATES AND CHARGES. Sec. 55-50. Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size (Inches) August 1, 2013 to Effective October 1, 2014 September 30, 201/1 i Residential 5/8—% Commercial 5/8—% $-8.89 $ 9.33 12.83 13.47 Residential and Commercial 1 19.25 20.21 11/2 2 3 4 6 8 and larger 32.09 33.69 6/1.16 67.37 102.65 107.78 205.32 215.59 320.81 336.85 6/11.61 673.69 2 Large Volume Any size 16,676.00 17 510.00 Temporary construction 19.25 20.21 32.00 2. Outside city limits ("OCL"): 33.69 61.16 67.37 Meter Size (Inches) August 1, 2013 to Effective October 1, 2014 September 30, 201/1 1 Residential 5/8-3/4 8-3/ 11/2 2 Commercial $-10.67 Residential and Commercial 3 15.10 23.10 38.51 76.99 $ 11.20 16.16 24.25 40.43 80.84 123.18 129.34 216.38 258.71 381.97 404.22 8 and larger 769.93 808.43 Any size 1 Large Volume Temporary construction 27,825.00 29,216.00 23.05 24.25 38.51 40.43 2 76.95 I 80.84 b. Untreated water customers. August 1, Effective 2013 to October 1 September 2014 30, 201/1 3 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $254.57, the customer shall be billed $254.57, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a 1 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $398.051- $417.99 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 19971 2/12A5 254.57 Minimum monthly service charge, industrial 398.09 417.99 Minimum monthly service charge, domestic 13.26 13.92 Minimum annual service charge, domestic 132.69 139.32 Minimum monthly service charge, agricultural irrigation water service 198.90 208.85 Minimum monthly service charge, temporary construction water service 265.20 278.46 Minimum monthly service charge, temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 1,530.00 1,607.00 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $254.57, the customer shall be billed $254.57, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a 4 minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. Any size August 1, 2013 to September 30, 201/1 $27,825.00 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: Effective October 1, 2014 29 216.00 First 2,000 Gallons Next 4,000 Gallons Next 4,000 Gallons Next 5,000 Gallons Next 15,000 Gallons Next 20,000 Gallons August 1, 2013 to Effective October 1, 2014 September 30, 201/1 Minimum* �r95 5.61g 6./162 Minimum* $ 4.751 5.939 6.829 7.867 8.314 9.553 10.095 Next 50,000 Gallons 10.395 Over 100,000 Gallons 11.238 10.986 11.877 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: First 2,000 Gallons August 1, 2013 to Effective October 1, 2014 September 30, 201/1 Minimum* Minimum* Next 4,000 Gallons Next 4,000 Gallons Next 5,000 Gallons Next 15,000 Gallons Next 20,000 Gallons Next 50,000 Gallons Over 100,000 Gallons $1.949 $ 2.028 2A36 2.535 2.802 2.915 3.111 3.549 1.112 4.310 1.507 4.690 1.872 *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: H 5.070 August 1, 2013 to Effective October 1, 2014 September 30, 2011 First 2,000 Gallons Minimum* Over 2,000 Gallons $5.662 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Minimum* $ 5.672 August 1, 2013 to Effective October 1, 2014 September 30, 2011 1 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.854 $ 3.086 *Use the minimum charges in subsection (a)(1). 5 c. Golf course and athletic field irrigation water inside city limits. August 1, 2013 to Effective October 1, 2014 September 30, 2011 First 2,000 Gallons Minimum* !Minimum* Over 2,000 Gallons 1$2.954 $ 3.106 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size (Inches) August 1, 2013 to Effective October 1, 2014 September 30, 2011 First 2,000 Gallons Next 15,000 Gallons Next 20,000 Gallons Next 50,000 Gallons Over 87,000 Gallons Minimum* $-7.8 7 9.553 10.395 Minimum* $ 8.314 10.095 10.986 11.238 11.877 2. Outside city limits Meter Size (Inches) August 1, 2013 to Effective October 1, 2014 September 30, 2011 i First 2,000 Gallons Next 15,000 Gallons Next 20,000 Gallons Next 50,000 Gallons Over 87,000 Gallons nn� $3,414 1.112 1.507 1.872 Minimum* $ 3.549 4.310 1 4.690 5.070 6 7 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: August 1, 2013 to September 30, 201/1 Effective October 1, 2014 1 First 2,000 Gallons Minimum* Minimum* Over 2,000 Gallons $1.008 $ 1.253 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 2,000 Gallons Minimum* Minimum* Over2,000 Gallons $1.628 ($1.914 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve- month period. 1. Inside city limits: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 10,000,000 Gallons nnr Each Additional 1,000 Gallons $4-067 *Use the minimum charges in subsection (a)(1). Minimum* $ 4.480 2. Outside city limits: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 10,000,000 Gallons Minimum* Minimum* Each Additional 1,000 Gallons $1.626 $1.914 8 *Use the minimum charges in subsection (a)(1). g. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 10,000,000 Gallons Minimum* Minimum* Each Additional 1,000 Gallons $20 1$ 2.677 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 10,000,000 Gallons Minimum* Minimum* Each Additional 1,000 Gallons $0.069 $0.111 *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: August 1, 2013 to September 30, 2011 Effective October 1, 20141 9 August 1, 2013 to Effective October 1, 2014 September 30, 201/I First 2,000 Gallons Mr Over 2,000 Gallons $5.662 *Use the minimum charges in subsection (a)(1). B. Outside city limits: Minimum* $ 5.672 August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 2,000 Gallons Over 2,000 Gallons Minimum* Minimum* $2.854 $ 3.086 *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: First 2,000 Gallons Minimum* Over 2,000 Gallons 12 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: August 1, 2013 to September 30, 201/1 Effective October 1, 2014 August 1, 2013 to September 30, 201/1 Effective October 1, 20141 First 2,000 Gallons Minimum* Over 2,000 Gallons -12 x RWCA *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA 10 *Use the minimum charges in subsection (a)(1). j. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. August 1, 2013 to Effective October 1, 2014 S�mber 30, 201 First acre foot or fraction (Minimum* thereof Over acre foot Minimum* $1,100.00 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). $1,155.00 per acre foot or fraction thereof (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumers bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of 11 the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. (7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. 12 (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. Section 2. Section 55-54 of the Code of Ordinances regarding water utilities laboratory charges is revised. The new charges take effect October 1, 2014. The new charges 13 are shown in underlined text and the deleted charges are shown in struck -through text, all as follows: Sec. 55-54. Water utilities laboratory charges. (a) The following fees apply to tests performed at the city's water utilities laboratory for other overnment agencies and private parties: Parameter Fee Effective October 1, 2014 Total Coliform $17.00 Fecal Streptococcus $20.00 Fecal Coliform $20.00 Escherichia coli (E. Coli) 20.00 $17.00 Enterococci $17.00 Hexane Extractable Material (HEM) $50.00 Total Organic Carbon $35.00 Specific Ultra -Violet Absorption (SUVA) $35.00 Biochemical Oxygen Demand (BOD) $30.00 Carbonacious Biochemical Oxygen Demand (CBOD) $32.00 Total Suspended Solids (TSS) $15.00 Total Dissolved Solids (TDS) $20.00 14 Total Kjeldahl Nitrogen (TKN) $35.00 Total Nitrate — Nitrogen $25.00 Total Ammonia - Nitrogen $20.00 $25.00 Total Phosphorus $25.00 Dissolved Phosphorus $27.00$30.00 Total Nitrite -Nitrogen $25.00 Chloride $12.00 UV 254 $20.00 1 $5.00 Total Alkalinity $10.00 Conductivity $10.00 Dissolved Organic Carbon $37.00 Turbidity $10.00 Total Hardness $20.00 Sulfate -Ion Chromatography $20.00 15 Bromide -Ion Chromatography $20.00 Fluoride -Ion Chromatography $20.00 Chloride -Ion Chromatography $20.00 Nitrite -Ion Chromatography $20.00 Nitrate -Ion Chromatography $20.00 Heterotrophic Plate Count $15.00 (b) If a test or laboratory fee is requested that is not listed in subsection (a) of this section, the Water Utilities Laboratory should charge a fee that recovers the city's labor, material, and equipment costs. (c) The city manager may waive fees in the interest of public safety or as the city's contribution to a project in which the city is involved. SECTION 3. Article IV, Gas Rates and Charges, of Chapter 55 of the Code of Ordinances is revised as described in this Section 3. The revisions take effect October 1, 2014. The new provisions are shown in underlined text and the deleted provisions are shown as struck through text, all as follows: ARTICLE IV. GAS RATES AND CHARGES Sec. 55-60. Definitions. The following terms as used in this article shall have the respective meanings ascribed to them: Cycle: A group of gas customers regularly billed together for their separate accounts by the city utilities division. Cycles are numbered from "1" up. Director: The Director of Gas Operations or designee. Installed total energy: The total energy output at a metered location of all customer - owned or controlled electric -powered generation and gas-fired equipment. Sec. 55-61. Classification of customers and schedules of rates. 16 (a) Residential customers. (1) Inside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge $1.25$4.03 First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF 10.19 9.70 5.70 5.13 3.30 3.1/1 Next 4 MCF 3.20 3.05 Next 20 MCF Next 20 MCF 3.11 2.96 2.66 2.53 All over 50 MCF 2.21 2.10 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge $1.25$4.03 First 1 MCF (Minimum Bill) Next 2 MCF Next 3 MCF 10.19 0 5.70 5.13 3.30 3.11 Next 4 MCF 2.48 2.36 Next 20 MCF Next 20 MCF All over 50 MCF 1.66 1.58 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). 17 Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 20 MCF Next 20 MCF All over 50 MCF $1.508 12.5711.97 6.38 6.08 3.70 3.52 3.59 3.12 3.49 3.32 2.97 2.83 2.47 2.35 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Monthly Consumption Rate per MCF Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge $1.50$ First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 20 MCF Next 20 MCF All over 50 MCF 18 12.5711.97 6.38 6.08 3.70 3.52 2.77 2.61 1.86 1.77 1.81 1.72 1.65 1.57 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (b) General rate customers (commercial, industrial, and institutional rates): (1) Inside city limits: Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF $16.00$12.32 10.43 9.93 5.70 5./13 Next 4 MCF 5.32 5.07 5.23-448 Next 40 MCF 5.12-4-88 Next 50 MCF 2.21 2.10 Next 100 MCF 1.84 1.75 Next 100 MCF 1.62 1.51 Next 700 MCF 1.54 1./17 Next 1,000 MCF Next 13,000 MCF All over 15,000 MCF 1.33 1.27 1.20 1.1/1 11.14-1419 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: 19 Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 40 MCF Next 50 MCF Next 100 MCF Next 100 MCF Next 700 MCF $19.08$449 r 12.8512.21 6.38 6.08 5.96 5.68 5.86 5.58 5.74 5./17 12.47 2.35 2.06 1.96 1.81 1.72 1.73 1.65 1 Next 1,000 MCF Next 13,000 MCF All over 15,000 MCF 1.49 1A2 1.34 1.28 1.28 1.22 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. 20 (c) Seasonal customers (partial year service) rates. (All customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): (1) Inside city limits: Monthly Consumption Rate per MCF 1 Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 30 MCF Next 20 MCF All over 50 MCF $1.25$ 1.03 16.91 16.10 15.27 1/1.5/1 11.26 10.72 7.26 6.91 3.11 2.96 2.66 2.53 2.21 2.10 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge $1.50$-1 2-6 First 1 MCF (minimum bill) 20.31 19.3/1 Next 2 MCF 17.09 16.28 Next 3 MCF Next 4 MCF Next 20 MCF Next 20 MCF All over 50 MCF 12.61 12.01 8.13 7.71 13.49 3.32 2.97 2.83 2.47 2.35 21 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven (7) summer months that exceeds the five (5) winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): (1) Inside city limits: Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2011 Meter Charge $16.00$12.32 First 1 MCF (minimum bill) 10.43 9.93 Next 2 MCF 5.70 5A3 Next 3 MCF 5.32 5.07 4.62 -4,40 - Next 4 MCF Next 40 MCF Next 150 MCF 3.90 3.71 1.66 1.58 Next 100 MCF 1.54 1./17 1 22 Next 700 MCF 1.33 1.27 Next 1,000 MCF 1.20 1.11 Next 13,000 MCF 11.14-144 All over 15,000 MCF 11.09 1.01 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2011 Meter Charge $19.08$15.10 First 1 MCF (minimum bill) 12.8512.21 Next 2 MCF 6.38 6.08 Next 3 MCF 5.96 5.68 Next 4 MCF 5.18 1.93 Next 40 MCF Next 150 MCF 14.37 1.16 1.86 1.77 Next 100 MCF 1.73 1.65 Next 700 MCF 1.49 1.12 1 Next 1,000 MCF Next 13,000 MCF All over 15,000 MCF 1.34 1.28 1.28 1.22 1.22 1.16 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. 23 (e) Purchased gas adjustment (PGA). The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier (14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. Interruptions. Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. (f) Sec. 55-62. Gas service to city without charge& N. -All rates or charges shall be assessed for natural gas service provided to city buildings, city vehicles, institutions, and activities operated by the city. The city shall maintain records showing the free service provided and the value thereof. Provided, however, that rates and charges shall be assessed for city utilities provided to city buildings, institutions, and activities operated by the city for which operating and maintenance expendituros are recorded in tho Sec. 55-63. Charges for lighting, etc., of natural gas appliances, (a) Customers at a residential, apartment, or mobile home address shall be charged a service fee for lighting, adjusting, or turning off one (1) or more natural gas appliances, or the conversion of burner orifices to burn natural gas. The service fee includes service to all gas appliances at the address for which service is requested. The service fee is fifty dollars ($50.00) for each appliance service order.Unless otherwise noted, the service fees are as follows: {1) Twenty five dollars ($25.00) for each appliance service order between April 1 and October 31. {2) Forty dollars ($/10.00) for each appliance service order between November 1 and March 31. {3) Twenty five dollars ($25.00) for each service order associated with gas lamp light ups, adjustments, and turn offs. {'I) Twenty dollars ($20.00) per hour for maintenance or repairs to gas lamps. (b) All other customers (including commercial, industrial and institutional customers) shall be charged twentyseventy-five dollars ($2575.00) for each appliance lighted, adjusted, or turned off between between November 1 and March 31. (c) Maintenance, installation, or service of appliances is 449-tneither offered nor included in the lighting and adjusting of any gas appliance except for gaslight mantles and glasses, which will be billed to the customer requesting service at a retail price ovor and above the charge set forth abovo. (d) However, in the event the head of a household is sixty-five (65) years of age or above, or the recipient of Social Security disability payments and resides at a residential, apartment, or mobile home address, then no charge shall be made by the city for the first service call made within any calendar year. Proof of eligibility for the exemptions shall be provided in a form to be prescribed by the director, gas operations. Sec. 55-64. Classification of customers and compressed natural gas rates. (a) 24 Compressed natural gas rates. (1) The city gas superintendentDirector shall prepare the rates for the sale of compressed natural gas. (2) The rates shall be based on the sum of: a. The compression charge, b. The distribution charge, c. The commodity charge (refer to section 55-61(e) PGA1, d. Federal tax, and e. State tax. _(3) These rates shall be submitted to the city manager for approval. {'I) The approved rates shall be filed with the city secretary and copies shall be provided to the city council. (b) Retail and consumer rates. The rate categories at which compressed natural gas shall be set are as follows: (1) Wholesale. Consumers who own or operate a fleet of more than ten (10) vehicles may purchase compressed natural gas at a reduced wholesale rate. (2) Retail. All other consumers may purchase compressed natural gas at the retail rate. (c) Periodic rate gas adjustment. The Director shall adjust the rates on a periodic basis with City Council approval. Adjustment of rates will be based on annual reviews of the compression charge based on the city's cost to compress the natural qas for sale and/or the distribution charge based on the city's cost to distribute natural qas for sale. {(1) The city gas superintendent shall adjust the rates on a periodic basis by: a. Adjusting the compression charge based on the city's cost to compress the natural gas for sale over the previous six month period. b. Adjusting the distribution charge based on the city's cost to distribute natural gas for sale over the previous six month period. c. Adjusting the commodity charge based on the purchased gas adjustment as provided in section 55 61(e). {2) The city gas superintendent shall file copies of the adjusted rates with the city secretary. Copies of the adjusted rates shall be provided to the city manager and the city council. (d) Effective date of rates. Compressed natural gas rates shall become effective ten (10) days after the rates are filed with the city secretary. Commodity Charge. The Director shall adjust the commodity charge based on the purchased qas adjustment as provided in section 55-61(e) PGA. Current Rate Schedule. CNG Service Wholesale (>10 Vehicles) _ Service Component Current Price Current Price $/Gasoline Gallon $/MCF Equivalent Compression Charqe 0.97 0.12 Distribution Charqe 1.05 0.13 25 Commodity Charqe (changes monthly based 5.31 0.64 on PGA $/Gasoline Gallon $/MCF Federal Tax (if applicable) 1.52 0.18 Compression Charqe 0.97 0.12 State Tax (if applicable) 1.25 0.15 Total Charqe 10.10 1.21 on PGA CNG Service Retail (<10 Vehicles) Service Component Current Price Current Price $/Gasoline Gallon $/MCF Equivalent Compression Charqe 0.97 0.12 Distribution Charqe 1.45 0.17 Commodity Charqe (changes monthly based 5.31 0.64 on PGA Federal Tax (if applicable) 1.52 0.18 State Tax (if applicable) 1.25 0.15 Total Charqe 10.50 1.26 Sec. 55-65. Builder's incentive program. (a) The city gas superintendentDirector is authorized to establishe4 a builder's incentive program to promote the installation of natural gas powered equipment throughout the city. The Directorcity gas superintendent is authorized under this program to make payments in the form of cash, fuel credits, or equipment to builders, developers, property owners, and equipment providers who install gas piping and certain natural gas powered equipment. (b) The Director city gas superintendent shall prepare a rebate schedule for the builder's incentive program. The rebate schedule shall be submitted to the city manager for approval. The approved rebate schedule shall be filed with the city secretary and copies shall be provided to the city council. The rebate schedule shall be reviewed on an annual basis and may be adjusted at any time. Sec. 55-66. Service charge for same day gas service. The customer must pay an t#iftyeighty-dollar ($4G80.00) service charge for turning on gas service on the same day the customer requests gas service from the city. Secs. 55-67-55-69. Reserved. SECTION 4. Article V, Taps and Connections, of Chapter 55 of the Code of Ordinances is revised to amend Section 55-70 as described in this Section 4. The revisions take effect October 1, 2014. The new provisions are shown in underlined text and the deleted provisions are shown as struck through text, all as follows: Sec. 55-70. Adoption of rules, regulations and water and gas fees. 26 The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (1) Utility tap applications. Applications for water, gas or sewer taps may be accepted from anyone who has properly applied for a building or plumbing permit for taps to be made inside or outside the city, and the fees for such taps shall be paid before the permit is issued. Impact fees have been adopted in accordance with the Texas Local Government Code, Chapter 395 for certain areas of the city. The fee schedule and map for such fees in contained in Appendix A of the Platting Ordinances of the City Corpus Christi. (2) Utility tap fee payment. Utility tap fees will be paid in cash upon application of utility taps. Where applicant has requested a water line extension and water tap, he may make payment upon an installment basis as hereto set forth. Water tap charge and water line extension charge may be paid upon an installment basis with the owner being furnished the necessary forms for execution including a promissory note and mechanic's and materialman's lien contract. If a cash payment is made at the time of delivery of the executed note and mechanic's lien paper, the note shall be for the balance of the installation charges. If no cash payment is made, the note shall be for the total amount of the installation charges applicable to the property to be served. There shall be a carrying charge on any balance of five (5) per cent per annum for the period covered by all of the installation payment, with such total payable in monthly installments not exceeding twenty-four (24) installments. All monthly installments will be made at the accounting office of the city department of public utilities and will be due and payable monthly on the same due date as the regular utility bill applicable to the property. Such installment note and contract shall contain a provision to the effect that the property owner agrees to make the monthly payments as therein set forth and further that the owner's water meter deposit can be applied to any payment becoming delinquent. Such contract shall also provide that the city shall have the right to discontinue water service to the property in the event any of the installment payments become delinquent. (3) Utility tap fees defined. Utility tap fees are separate and distinct from any plumbing permit or inspection fees and will not be construed as being a part of or as including such fees. (4) Utility tap fees extra charges. No charges will be made in addition to utility tap fees for street cuts; however, for taps outside the city, which cannot be readily made to existing lateral lines provided for such services or for taps which involve major highway crossings or taps to major mains or trunk lines and similar cases, charges will be made to cover the entire cost of all work and material, including meters, if any, as estimated by the city. (5) Fee schedule, gas: (a) Inside city limits: Street Easement Fee Fee Gas—Residential, 1 and 2 -family dwelling 3100.00200.00 3498200.00 Commercial up to two eight inches in size 3081.600.00 3981.600.00 Commercial larger than two inch in cizo Special* Special* 27 Loops Meter moves 10.00 50.00 Fee Loops 20.00 Meter moves 200.00 *To be determined by Gas Division at the time of the request. (b) Outside city limits: Street Easement Fee Fee Gas—Residential, 1 and 2 -family dwelling $100.00200.00 $100.00200.00 Commercial up to two inch in size 300.001.600 300.001.600 Commercial larger than two inch in cizo Special* Special* Loops 10.00 Meter moves 50.00 Loops 20.00 Meter moves 200.00 *To be determined by Gas Division at the time of the request. SECTION 5. Article VII, Wastewater Rates, Section 55-100 of the Code of Ordinances regarding wastewater rates is revised. The new rates are shown in underlined text and the former rates are shown as struck through text, as follows: "Sec. 55-100. Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of Chapter 55, shall be based on the amount of water used by the user according to the following rates: 28 Classification August 1, 2013 to September Effective October 1, 30, 201/1 2014 Inside city limits One -family minimum monthly charge (first 2,000 gallons) $-96 $ 29.23 Inside city limits One -family per 1,000 gallons over 2,000 5.25 5.75 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) 1116.71 161.48 Outside city limits One -family minimum monthly charge (first 2,000 gallons) 32.115 37.36 Outside city limits One -family per 1,000 gallons over 2,000 11.65 12.76 Outside city limits One -family maximum monthly charge (up to 25,000 gallons) Inside city limits Commercial minimum monthly charge (first 2,000 gallons) Inside city limits Commercial per 1,000 gallons over 2,000 300.110 330.84 35.37 39.53 3.76 Outside city limits Commercial minimum monthly charge (first 2,000 gallons) Outside city limits Commercial per 1,000 gallons over 2,000 1111.21 7.53 4.11 50.23 8.23 (b) The amount of water used to compute the monthly bills to one -family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions. a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year. 29 b. Winter average usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. c. Interim average: The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" is recalculated each year based on the total "winter average usage" of all customers subject to winter averaging divided by the number of winter averaging customers, and is be the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area: The geographic region served by the city's wastewater system. (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one -family residential customers only. c. The "winter average usage" shall be based on a customers average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. d. The following method will be used to calculate a customers "winter average usage": 1. Add the three (3) winter months' water consumption to get total water consumption. 2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. e. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customers wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after August 31 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. 2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. Administrative change in rates. a. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customers winter average or interim average so that the adjusted rate will produce an amount equal to the budgeted revenues. b. In years in which preliminary winter average data is available to be used in the utility rate model for determining wastewater rates, the adopted wastewater rates will not be subject (3) 30 to an administrative change in rates unless the final winter average data is materially different than preliminary data. A difference of at least two (2) per cent shall be considered material. (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55- 148. SECTION 6. All rates and charges established or revised by this ordinance take effect October 1, 2014. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney Nelda Martinez Mayor 31 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of September 16, 2014 Action Agenda Item for the City Council Meeting of September 23, 2014 DATE: 7/21/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMo@cctexas.com; 361-826-3464 Parks and Recreation FY15 new fees CAPTION: Resolution adding new rental and recreational use fees for fiscal year 2014-2015 and providing for publication; effective date; and severance of the same. PURPOSE: Approve proposed new fees for Fiscal Year 2015. BACKGROUND AND FINDINGS: A Special Events application fee (non-refundable) will be submitted online and initiate the interdepartment processing of a request for parades, marches, or special events. The Special Events clean-up deposit is to cover the cost for any repairs and/or waste removal on public grounds after a special event. A key deposit will cover the security and expense of replacing and re -keying lock when key is not returned. All new fees have been included in the FY15 proposed budget as revenue in the General Fund. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0.00 0.00 BALANCE 0.00 0.00 Fund(s): General Fund Comments: RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — FY14 New Fees — Parks and Recreation Resolution adding new rental and recreational use fees for fiscal year 2014-2015 and providing for publication; effective date; and severance of the same. Whereas, Section 36-7 of the Code of Ordinances requires City Council approval, by motion or resolution, for creation of any new user fees, or increases of existing user fees by more than 25 percent, for parks and recreation department facility use; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit A attached, for Fiscal Year 2014-15. Section 2. This resolution is effective October 1, 2014. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott EXHIBIT A FY14 NEW FEES - Parks and Recreation Program Area Current Fee Proposed Fee Diff. PERCENT CHANGE Section 5. PARK AND FACILITY RENTALS West Guth Pavilion (key deposit) $ - $25.00 NEW Section 9. SPECIAL SERVICES Special Event application fee (non-refundable) $ - $ 50.00 NEW Small Special Event clean-up deposit $ - $ 250.00 NEW Medium Special Event clean-up deposit $ - $ 500.00 NEW Large Special Event clean-up deposit $ - $ 1,000.00 NEW AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 3, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., AICP, Director of Development Services danielmg@cctexas.com 361-826-3595 Development Agreements for Property Owners with Agricultural, Wildlife Management or Timber Land Property Exemptions in the Southside FM 2444 Annexation Area CAPTION: Resolution granting a Development Agreement for properties in the Proposed Southside FM 2444 Annexation Area where the property contains an agricultural, wildlife management, or timber land exemption established by the Nueces County Appraisal District and where the property owner has requested the City grant a development agreement in lieu of annexation on their qualifying property; providing for a 15 year time limit; providing that the City will not annex land that is the subject of a Development Agreement; providing that the development agreement authorizes the City to enforce all regulations and planning authority of the municipality provided the authority does not interfere with the use of the area for agriculture, wildlife management, or timber land uses; providing that the area under the Development Agreement is considered adjacent or contiguous to the city; providing that the agreement is automatically terminated if the landowner files any type of subdivision plat or related development document regardless of how the property is appraised by the Nueces County Appraisal District; providing that the agreement will be filed with the Nueces County Clerk; providing for severance; and providing an effective date. PURPOSE: Chapter 43.035 of the Local Government Code requires a city that has proposed to annex land in its Extraterritorial Jurisdiction to first offer a Development Agreement to property owners with an agricultural, wildlife management or timber land property tax exemption. The Development Agreement contains a guarantee that the City will not annex the land covered by the Development Agreement provided that the property owner does not attempt to develop the property and continues to maintain the agricultural, wildlife management or timber land property tax exemption. Under Chapter 43.035 the City is allowed to exercise all planning and land use regulations on property that is covered by a Development Agreement. The Development Agreement offered to the property owners in the annexation area explicitly states that the property owner is not allowed to develop wind energy units (wind farm) on the subject property. BACKGROUND AND FINDINGS: The City offered, by letter on July 17, 2014, a Development Agreement to all of the property owners in the FM 2444 Annexation Area with an agricultural, wildlife management or timber land exemption. Exhibit A contains an overall map of landowners who have expressed a desire for the Development Agreement and Exhibits B contains the sample Development Agreement. Exhibits C contains the Resolution approving the Development Agreements including a metes and bounds property description and specific map of each property that has requested a Development Agreement. Entering into a development agreement with the City will not allow the City to levy property taxes on the subject properties or entitle property owners to standard city services (police, fire, etc.). ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: a. Pursue a policy of annexation of lands at the periphery of the City to achieve orderly growth. b. Pursue a policy of annexation adjacent to the City's growth areas in order to extend zoning ordinance control consistent with adopted land use plans. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Map of Land Owners Desiring a Development Agreement Resolution with Exhibits A -F RESOLUTION GRANTING A DEVELOPMENT AGREEMENT FOR PROPERTIES IN THE PROPOSED SOUTHSIDE FM 2444 ANNEXATION AREA WHERE THE PROPERTY CONTAINS AN AGRICULTURAL, WILDLIFE MANAGEMENT, OR TIMBER LAND EXEMPTION ESTABLISHED BY THE NUECES COUNTY APPRAISAL DISTRICT AND WHERE THE PROPERTY OWNER HAS REQUESTED THE CITY GRANT A DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION ON THEIR QUALIFYING PROPERTY; PROVIDING FOR A 15 YEAR TIME LIMIT; PROVIDING THAT THE CITY WILL NOT ANNEX LAND THAT IS THE SUBJECT OF A DEVELOPMENT AGREEMENT; PROVIDING THAT THE DEVELOPMENT AGREEMENT AUTHORIZES THE CITY TO ENFORCE ALL REGULATIONS AND PLANNING AUTHORITY OF THE MUNICIPALITY PROVIDED THE AUTHORITY DOES NOT INTERFERE WITH THE USE OF THE AREA FOR AGRICULTURE, WILDLIFE MANAGEMENT, OR TIMBER LAND USES; PROVIDING THAT THE AREA UNDER THE DEVELOPMENT AGREEMENT IS CONSIDERED ADJACENT OR CONTIGUOUS TO THE CITY; PROVIDING THAT THE AGREEMENT IS AUTOMATICALLY TERMINATED IF THE LANDOWNER FILES ANY TYPE OF SUBDIVISION PLAT OR RELATED DEVELOPMENT DOCUMENT REGARDLESS OF HOW THE PROPERTY IS APPRAISED BY THE NUECES COUNTY APPRAISAL DISTRICT; PROVIDING THAT THE AGREEMENT WILL BE FILED WITH THE NUECES COUNTY CLERK; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex land, located south and southwest of the existing city limits and considered to be in the City's primary growth corridor; WHEREAS, Local Government Code, Section 43.035 requires a municipality to offer each property owner in the annexation area with an agricultural or wildlife management or timber land exemption on their property a Development Agreement to be excluded from the municipal annexation; WHEREAS, a letter was sent to each property owner on July 17, 2014, offering a Development Agreement to guarantee extraterritorial status of the area and authorizes the enforcement of all regulations and planning authority of the municipality that does not interfere with the use of the area for an agricultural or wildlife management or timber land exemption; WHEREAS, the proposed Development Agreement prohibits the owner from constructing or allowing to be constructed wind energy units on the land for the commercial sale of wind energy as defined in the Unified Development Code, Section 5.6; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that approving the proposed Development Agreement (Exhibit A) with property owners having land in the area that meets the requirements for exemptions contained in Local Government Code 43.035 is in the public interest. SECTION 2. That Development Agreement contained in the Exhibit A shall pertain to the properties described in Exhibits B thru F and shall be in effect for a period of up to 15 years providing that the property owner does not violate the agreement by filing a subdivision plat, by constructing or allowing to be constructed a wind turbine for commercial resale of electricity or by not maintaining an exemption for agricultural use or wildlife management or timber land with the Nueces County Appraisal District; SECTION 3. That the owners and inhabitants of the tracts or parcels of land are subject to all regulations and planning authority of the municipality that does not interfere with the property exemption for agricultural use or wildlife management or timber land; SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this resolution considered adjacent or contiguous to the City of Corpus Christi, Texas; SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to designate the properties herein as covered by a development agreement; SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the resolution 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 resolution for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. This resolution goes into effect at a.m, , 2014. Exhibit A: Letter To Property Owners and Development Agreement Per Local Government Code 43.035 for Agricultural or Wildlife Management or Timber Land July 17, 2014 [Name] [Address] LEGAL DESCRIPTION: TAX ID #: SUBJECT: Proposed Annexation — Southside FM 2444 Area Dear Property Owner: On July 15, 2014, the City of Corpus Christi initiated the process to expand its corporate boundaries by proposing to annex 10,463 acres of land generally located south and southwest of the city. (See attached map) The purpose of this letter is to invite you as a property owner of record to annexation public hearings and to provide a sample development agreement, per state law, that could allow qualifying property owners to opt out of the annexation. To allow for public comment, questions, and general input on the annexation as proposed, the City Council has scheduled two (2) public hearings on this issue. The first public hearing will be held on August 19, 2014. The second will be held on August 26, 2014. Both public hearings will be held at the Corpus Christi City Council Chamber, 1St Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas, beginning around 11:30 a.m. All interested parties are encouraged to attend and offer comment. In lieu of annexation, State law requires the City to offer some properties a development agreement instead of annexation. If your land is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E, Chapter 23, Texas Tax Code, you are eligible to negotiate and enter a development agreement with the City (sample enclosed). Such an agreement provides for the continuation of the extraterritorial jurisdiction status of your land so long as the use of your land that entitles you to the agreement does not change. Should the use of your land change to a use other than agricultural, wildlife management or timber land, the agreement would automatically terminate and the land would be annexed into the City at such time, regardless of how the land is appraised for ad valorem tax purposes. Entering an agreement will authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of your land for agriculture, wildlife management, or timber land. Such regulations include the Unified Development Code, building codes, nuisance regulations, animal control, and general health and sanitation regulations. For your information, entering into this agreement will prohibit the construction of a windfarm on your property. If your property qualifies and you Proposed Annexation — Southside FM 2444 Area July 17, 2014 Page 2 intend to enter into a Development Agreement, please notify us within (30) days of the date this letter. (See contact info below) For your information, entering into the Development Agreement will not cause or allow the City to levy city property taxes on your property. If the City does not receive notification of intent to enter into a Development Agreement within thirty (30) days of the date of this letter we will assume that you are not interested in entering into an agreement. City services will be provided to your property in accordance with a Municipal Services Plan that will be formally adopted by City Council as part of this process. In general, upon annexation into the City, the City will immediately provide police patrol, fire protection, emergency medical response and solid waste pickup for residential properties. A proposed Municipal Services Plan for the Southside FM 2444 area will be posted on the City's website by August 19, 2014. (www.cctexas.com) The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use, platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners — and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect your property values. Additionally, the inclusion of this area into the City limits will provide better uniformity in the provision of public safety services such as police, fire and EMS. We are committed to assisting you throughout the process by providing any information relating to this pending annexation or answering questions that you may have. Please contact Bob Payne, Special Projects Coordinator at 361-826-3572 or by email at bobpayne@cctexas.com with any questions and if you wish to pursue a Development Agreement. Respectfully, Barney Wil am P.E. Interim Dir = tor of Development Services Enclosures Annexation Area Map Development Agreement Proposed Annexation -Southside FM 2444 Area July 17, 2014 Page 3 Annexation Area Map DEVELOPM ENT AGREEMENT UNDER SECTION 43.035, TEXAS LOCAL GOVERNMENT CODE This Development Agreement under Section 43.035, Texas Local Government Code (the Agreement") is entered between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner") The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns a parcel of real property in Nueces County, Texas, which is more particularly described in the attached Exhibit "A" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, under Section 43.035 the City is required to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Section 43.035 provides that the restriction or limitation on the Citys annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the Citys extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Extraterritorial Jurisdiction Status of Property. The City agrees that the Property shall remain in the City's extraterritorial jurisdiction (the "ETJ") and the City shall not annex the Property during the term of this Agreement, subject to the terms and conditions of this Agreement. Section 2. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the Citys ETJ, the Owner covenants and agrees to the following: (a) The Owner shall use the Property only for agriculture, wildlife management, and/or timber land uses, as defined by Chapter 23 of the Texas Tax Code, that are existing on the Effective Date of this Agreement, except for single-family residential use existing on the Effective Date or as otherwise provided by this Agreement. (b) The Owner shall not subdivide the Property, or file for approval of a subdivision plat, site plan, or related development document for the Property with Nueces County or the City until the Property is annexed into and zoned by the City. (c) The Owner shall not construct or allow to be constructed any building or structure on the Property that requires a building permit until the Property is annexed into and zoned by the City. Accessory structures authorized under the Citys Unified Development Code and buildings or structures that are related to and necessary for the use of the Property as authorized under Section 2(a) (excluding new single family residences) are exceptions to this Section 2(c), provided that the Owner obtains required building permits prior to construction. (d) The City's zoning regulations shall apply to the Property, and in addition to the uses authorized by the Unified Development Code, the Property may also be used for wildlife management or timber land, as defined by Chapter 23 of the Texas Tax Code, if such uses existed on the Effective Date of this Agreement. Fences shall not be subject to setback requirements. The City's building codes and regulations shall apply to the Property except as provided otherwise in this Section 2(d). Any buildings or structures constructed on the Property after the Effective Date shall be constructed in compliance with the regulations in the Unified Development Code and applicable building codes and regulations, provided that building permits and related inspections shall only be required for the construction of a new single family residence and additions to an existing single family residence that are authorized to be located on the Property under this Agreement. (e) The Owner shall not construct or allow to be constructed wind energy units on his land for the commercial sale of wind energy as defined in the Unified Development Code, Section 5.6. Section 3. Development and Annexation of Property. (a) The following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any application for plat approval, site plan approval, building permit or related development document for the Property, or the commencement of development of the Property, except as specifically authorized herein. (2) The Owner's failure to comply with Section 2. (3) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions, provided that the Owner is in compliance with Section 2. (4) The filing for voluntary annexation of the Property into the City by the Owner. (5) The expiration of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 3(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Upon annexation, municipal services shall be provided to the Property in accordance with the adopted municipal services plan. Section 4. Application of City Regulations. Pursuant to Section 43.035(b)(1)(B), Texas Local Government Code, the Property is subject to all of the City's regulations, as they are amended from time to time, and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries and the Owner acknowledges and agrees that the City is hereby authorized to enforce said regulations and planning authority except as specifically provided otherwise herein. Section 5. Term. The term of this Agreement (the "Term") is fifteen (15) years from the Effective Date. Section 6. Vested Rights Claims. This Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 2 herein. The Owner further waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Authorization. (a) All parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. (b) The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect. The failure of each and every owner of the Property to sign this Agreement at the time of approval and execution by the City shall result in the Agreement being void, and the City may, within its discretion, annex the Property in accordance with applicable law. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Notices required to be sent to the Owner shall be sent by personal delivery or certified mail, return receipt requested, to the Owner at the following address: Section 9. Covenant Running with the Land. This Agreement shall run with the Property, and a memorandum of this Agreement in a form substantially similar to that set forth in Exhibit "B" shall be recorded in the Official Public Records of Nueces County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement. Conveyance of the Property, or portions thereof, to subsequent owners does not trigger a request for voluntary annexation unless Section 2 is also violated. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Effective Date. This Agreement shall be in full force and effect as of the date of approval of this Agreement by the City Council, from and after its execution by the Parties. Section 19. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Entered into this day of , 2014. Owner (s) Printed Name: Printed Name: City of Corpus Christi, Texas STATE OF TEXAS COUNTY OF NUECES § § BEFORE ME the undersigned authority on this day personally appeared Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. STATE OF TEXAS COUNTY OF NUECES § § Notary Public - State of Texas BEFORE ME the undersigned authority on this day personally appeared Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. STATE OF TEXAS COUNTY OF NUECES § § Notary Public - State of Texas BEFORE ME the undersigned authority on this day personally appeared , City of Corpus Christi, Texas and acknowledged that he is fully authorized to execute the foregoing document and that he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. 2014. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of Notary Public - State of Texas DEVELOPMENT AGREEMENT EXHIBIT "A" Nueces County Appraisal District Tax Id. #: Nueces County Appraisal District Property Description: Development Agreement Exhibit "B" MEMORANDUM OF RECORD NOTICE OF DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered into that certain Development Agreement under Section 43.035, Texas Local Government Code dated , 20 , (the "Agreement"); Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which, pursuant to the terms and conditions of the Agreement, effectively guarantees the continuation of the extraterritorial status of Owner's property that is currently appraised for ad valorem tax purposes as agricultural land under Subchapter C or D, Chapter 23 of the Tax Code until the Agreement expires or the property is developed for purposes other than agriculture; Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property"); Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and needlessly burdensome; and Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of the Agreement encumbering the Property; NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the Deed Records of Nueces County, Texas, for the purpose of giving notice to all persons that: (1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are available upon request. (2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with all other applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement. (3) The Agreement provides that any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. Executed and filed this the day of 2014. By: Name: Title: THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _day of 2014. (SEAL) After Recording Return to: City of Corpus Christi Attn: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 Notary Public -State of Texas Exhibit B: Thomas Edward Braman, Nueces County Appraisal District Tax Id. #: 4250-0030- 1001 A 39.98 acre tract, more or less, out of a 478.36 acre tract of land out of the South one-half (S 1/2) of Section 30 and the North one-half (N '/2) of Section 33, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the South one-half (S '/2) of Section 30, Laureles Farm Tracts and the centerline of Farm -to - Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 43, having a right-of-way width of 40.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the western boundary line of a 157 acre tract out of the South one-half (S '/2) of Section 30 and the North one-half (N '/2) of Section 33, Laureles Farm Tracts; THENCE South along the eastern boundary of the Northeast, South one-half (S'/2) of Section 30 and the North one-half (N '/2) of Section 33, Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast, South one-half (S '/2) of Section 30 and the North one-half (N '/2) of Section 33, Laureles Farm Tracts; THENCE North along west side of said tract of land, 500.0 feet, also being in the center of County Road 43, to the POINT OF BEGINNING containing 44.88 acres of land less 4.90 acres of right-of-way for a total of 39.98 acres. .01,91 R•O•W: 4.90 Acres. rw.7414 isiliSSOK 1M, hulas. NS,ISc 0910.01091 eduaun W.InNISIVVVO'IUC•B .0,15.9 04Fr 68,11:C 101.10S 56 C nun LOCATION MAP London ,S0 SITE, S � _• 8 5 . e 100 044719 RgM•d•Way Deoebpmeni Agreement Area AnneraliCn A{ea Exhibit C: J.W. Owens, Nueces County Appraisal District Tax Id. #: 425000280303 and 425000280305 A 22.21 acre tract, more or less, out of 120.0 acres, more or less, out of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts and a portion of 10 acres, more or less, out of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts and the centerline of Farm -to - Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0 feet; THENCE East, along the centerline of Farm -to -Market 2444, to the northeast corner of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts; THENCE South along the eastern boundary of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, 500.0 feet; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, also being in the center of County Road 47; THENCE North along the centerline of County Road 47, 500.0 feet to the POINT OF BEGINNING containing 25.25 acres of land less 3.04 acres of right-of-way for a total of 22.21 acres. 11.C.6 YON KAOR .114 LOCATION MAP LorWon ISO /SITE C019•6,C411139 BC A q �---u.ru..rai Hist Rignlof-Way se iectqr+ pexa!ocaneat Agreea•ant Area ;-�': Anne.aucn Area Exhibit D: James F. Nemec Family Real Property, Nueces County Appraisal District Tax Id. #: 4250-0028-020 A 27.064 acre portion, more or less, of a 160 acre tract of land situated in Nueces County Texas, out of that tract of land originally granted to Ramon de Ynojosa, called the "Rincon de Corpus Christi," Abstract No. 411, and being the Northwest One-fourth (NW 1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts, bounded as follows, to -wit: BEGINNING at the southwest corner of this tract of land, being on the west boundary line of the Northwest One-fourth (NW 1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts and on the current right-of-way centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0 feet; THENCE North along west side of said tract of land, 500.0 feet to the northwest corner, also being in the center of the current right-of-way line of County Road 47; THENCE East, being 500.0 feet north of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast, One-fourth (NE 1/4) of Section Twenty -Eight (28) of the Laureles Farm Tracts; THENCE South along the western boundary of the Northeast, One-fourth (NE 1/4) of Section Twenty -Eight (28) of the Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract, also being in the center of Farm -to -Market 2444; THENCE West, along the current right-of-way centerline of Farm -to -Market 2444, to the POINT OF BEGINNING containing 30.30 acres of land less 3.236 acres of righ-of-way for a total of 27.064 acres. ,wm. w n.raa.Fcerr4s4n: ev 4wmvK mac YAKS 9-236 Acre 640-0 Feat 7/77 27 4641tcros/ a 0.0 Furl LOCATION MAP k LP ER.. Floor wrur D J F14 2444 AD DP' tit li ight-of-Way ENE Q0v01opmonl Agre=4minnAr4a ''_. AMB¢atiOn Anna Exhibit E: R.L. Owens, Nueces County Appraisal District Tax Id. #: 4250-0028-0000 A 6.20 acre tract, more or less, out of a 36.298 acre tract, out of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northeast corner of this tract of land, also being the northwest corner of the southeast corner of Section 28 of the Laureles Farm Tracts and the centerline of Farm -to - Market 2444, having a right-of-way width of 100.0 feet; THENCE South along east side of said tract of land, 500.0 feet to the southeast corner of the Middle Portion of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts; THENCE North along the western boundary of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, 500.0 feet to the northwest corner of this tract, also being in the center of Farm -to -Market 2444; THENCE East, along the centerline of Farm -to -Market 2444, to the POINT OF BEGINNING containing 6.89 acres of land less 0.69 acres of right-of-way for a total of 6.20 acres. 0WEN%JW R -O-44: .89 Acres 8 2 +AUfF{ESFN J 1w1C15WIOAC5Gt. {x BR ZEC 2,0 S ros i r X 3T? ES CHMMFt RANCH RCPC ,A-_RELES FApMTRACT816262A080u' FFH PM 2144 5 42i LOCATION 14AP Len dor ISLI /21TE ft r fl/// kpntan1 Agrttrnen[AFe2 Rght-of-WW 6.'fi,",.: inrCeabon RF�3 1 OW Exhibit F: Turnbull Land and Cattle, Ltd., Cuervo Ranch Holdings, Ltd., Staples Investment Partnership, and MPJ Assets, LLC., Nueces County Appraisal District Tax Id. #: 425000280401 and 425000280500 owned in undivided interest A 24.79 acre tract, more or less, out of a 290.80 acre portion of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts and 4.78 Acre, more or less Tract of land out of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts , a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the Northwest Corner of this tract of land, being the northwest corner of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts and the centerline on Farm - to -Market 2444, having a right-of-way width of 100.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the northeast corner of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts, also being the intersection with State Highway 286, having a right-of-way width of 100.00 feet; Thence South along the centerline of State Highway 286, 500.00 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south and parallel to the centerline of Farm -to -Market 2444 to the west boundary line of the Southeast one-quarter (SE 1/4) of Section 28, Laureles Farm Tracts; THENCE North, along the west boundary line of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts to the POINT OF BEGINNING, containing 28.12 acres of land less 3.33 acres of right-of-way for a total of 24.79 acres. MtM hICLOSCLA HALL,, NMA an as..WEE[x uwuc�.scsi .nx . imnwc wrt •maR�a ; LJ R -O -W; 3.33 AC !VS -` 2lWA Fwt ' �11// 2431rA'ru; 24 , OF FM 2411 r LOCATION MAP .,,. 4 Ian Son ISP �.(l.E�_R'.a 'C'' i ES _.6 S lg ,_--f Q.. I 1 \ t a iNno Ar it an LIS ULAILLES RES IMAM =WOKS SOLACE ErSIES SO SWUM r ival -14111211A DAV19I pnterlt Agreemem Area galRgh'oLWa ArIneX211en 0402 PASSED AND APPROVED this day of , 2014 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2014 Nelda Martinez Mayor 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 Exhibit A: Letter To Property Owners and Development Agreement Per Local Government Code 43.035 for Agricultural or Wildlife Management or Timber Land July 17, 2014 [Name] [Address] LEGAL DESCRIPTION: TAX ID #: SUBJECT: Proposed Annexation — Southside FM 2444 Area Dear Property Owner: On July 15, 2014, the City of Corpus Christi initiated the process to expand its corporate boundaries by proposing to annex 10,463 acres of land generally located south and southwest of the city. (See attached map) The purpose of this letter is to invite you as a property owner of record to annexation public hearings and to provide a sample development agreement, per state law, that could allow qualifying property owners to opt out of the annexation. To allow for public comment, questions, and general input on the annexation as proposed, the City Council has scheduled two (2) public hearings on this issue. The first public hearing will be held on August 19, 2014. The second will be held on August 26, 2014. Both public hearings will be held at the Corpus Christi City Council Chamber, 1st Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas, beginning around 11:30 a.m. All interested parties are encouraged to attend and offer comment. In lieu of annexation, State law requires the City to offer some properties a development agreement instead of annexation. If your land is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E, Chapter 23, Texas Tax Code, you are eligible to negotiate and enter a development agreement with the City (sample enclosed). Such an agreement provides for the continuation of the extraterritorial jurisdiction status of your land so long as the use of your land that entitles you to the agreement does not change. Should the use of your land change to a use other than agricultural, wildlife management or timber land, the agreement would automatically terminate and the land would be annexed into the City at such time, regardless of how the land is appraised for ad valorem tax purposes. Entering an agreement will authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of your land for agriculture, wildlife management, or timber land. Such regulations include the Unified Development Code, building codes, nuisance regulations, animal control, and general health and sanitation regulations. For your information, entering into this agreement will prohibit the construction of a windfarm on your property. If your property qualifies and you Proposed Annexation — Southside FM 2444 Area July 17, 2014 Page 2 intend to enter into a Development Agreement, please notify us within (30) days of the date this letter. (See contact info below) For your information, entering into the Development Agreement will not cause or allow the City to levy city property taxes on your property. If the City does not receive notification of intent to enter into a Development Agreement within thirty (30) days of the date of this letter we will assume that you are not interested in entering into an agreement. City services will be provided to your property in accordance with a Municipal Services Plan that will be formally adopted by City Council as part of this process. In general, upon annexation into the City, the City will immediately provide police patrol, fire protection, emergency medical response and solid waste pickup for residential properties. A proposed Municipal Services Plan for the Southside FM 2444 area will be posted on the City's website by August 19, 2014. (www.cctexas.com) The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use, platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners — and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect your property values. Additionally, the inclusion of this area into the City limits will provide better uniformity in the provision of public safety services such as police, fire and EMS. We are committed to assisting you throughout the process by providing any information relating to this pending annexation or answering questions that you may have. Please contact Bob Payne, Special Projects Coordinator at 361-826-3572 or by email at bobpayne@a,cctexas.com with any questions and if you wish to pursue a Development Agreement. Respectfully, Barney Will am P.E. Interim Dir tor of Development Services Enclosures Annexation Area Map Development Agreement Proposed Annexation — Southside FM 2444 Area July 17, 2014 Page 3 Annexation Area Map DEVELOPMENT AGREEMENT UNDER SECTION 43.035, TEXAS LOCAL GOVERNMENT CODE This Development Agreement under Section 43.035, Texas Local Government Code (the Agreement") is entered between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner") The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns a parcel of real property in Nueces County, Texas, which is more particularly described in the attached Exhibit "A" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, under Section 43.035 the City is required to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Section 43.035 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Extraterritorial Jurisdiction Status of Property. The City agrees that the Property shall remain in the City's extraterritorial jurisdiction (the "ETJ") and the City shall not annex the Property during the term of this Agreement, subject to the terms and conditions of this Agreement. Section 2. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's ETJ, the Owner covenants and agrees to the following: (a) The Owner shall use the Property only for agriculture, wildlife management, and/or timber land uses, as defined by Chapter 23 of the Texas Tax Code, that are existing on the Effective Date of this Agreement, except for single-family residential use existing on the Effective Date or as otherwise provided by this Agreement. (b) The Owner shall not subdivide the Property, or file for approval of a subdivision plat, site plan, or related development document for the Property with Nueces County or the City until the Property is annexed into and zoned by the City. (c) The Owner shall not construct or allow to be constructed any building or structure on the Property that requires a building permit until the Property is annexed into and zoned by the City. Accessory structures authorized under the City's Unified Development Code and buildings or structures that are related to and necessary for the use of the Property as authorized under Section 2(a) (excluding new single family residences) are exceptions to this Section 2(c), provided that the Owner obtains required building permits prior to construction. (d) The City's zoning regulations shall apply to the Property, and in addition to the uses authorized by the Unified Development Code, the Property may also be used for wildlife management or timber land, as defined by Chapter 23 of the Texas Tax Code, if such uses existed on the Effective Date of this Agreement. Fences shall not be subject to setback requirements. The City's building codes and regulations shall apply to the Property except as provided otherwise in this Section 2(d). Any buildings or structures constructed on the Property after the Effective Date shall be constructed in compliance with the regulations in the Unified Development Code and applicable building codes and regulations, provided that building permits and related inspections shall only be required for the construction of a new single family residence and additions to an existing single family residence that are authorized to be located on the Property under this Agreement. (e) The Owner shall not construct or allow to be constructed wind energy units on his land for the commercial sale of wind energy as defined in the Unified Development Code, Section 5.6. Section 3. Development and Annexation of Property. (a) The following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any application for plat approval, site plan approval, building permit or related development document for the Property, or the commencement of development of the Property, except as specifically authorized herein. (2) The Owner's failure to comply with Section 2. (3) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions, provided that the Owner is in compliance with Section 2. (4) The filing for voluntary annexation of the Property into the City by the Owner. (5) The expiration of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 3(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Upon annexation, municipal services shall be provided to the Property in accordance with the adopted municipal services plan. Section 4. Application of City Regulations. Pursuant to Section 43.035(b)(1)(B), Texas Local Government Code, the Property is subject to all of the City's regulations, as they are amended from time to time, and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries and the Owner acknowledges and agrees that the City is hereby authorized to enforce said regulations and planning authority except as specifically provided otherwise herein. Section 5. Term. The term of this Agreement (the "Term") is fifteen (15) years from the Effective Date. Section 6. Vested Rights Claims. This Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 2 herein. The Owner further waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Authorization. (a) All parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. (b) The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect. The failure of each and every owner of the Property to sign this Agreement at the time of approval and execution by the City shall result in the Agreement being void, and the City may, within its discretion, annex the Property in accordance with applicable law. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Notices required to be sent to the Owner shall be sent by personal delivery or certified mail, return receipt requested, to the Owner at the following address: Section 9. Covenant Running with the Land. This Agreement shall run with the Property, and a memorandum of this Agreement in a form substantially similar to that set forth in Exhibit "B" shall be recorded in the Official Public Records of Nueces County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement. Conveyance of the Property, or portions thereof, to subsequent owners does not trigger a request for voluntary annexation unless Section 2 is also violated. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Effective Date. This Agreement shall be in full force and effect as of the date of approval of this Agreement by the City Council, from and after its execution by the Parties. Section 19. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Entered into this day of , 2014. Owner (s) Printed Name: Printed Name: City of Corpus Christi, Texas STATE OF TEXAS COUNTY OF NUECES § § BEFORE ME the undersigned authority on this day personally appeared Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. STATE OF TEXAS COUNTY OF NUECES § § Notary Public - State of Texas BEFORE ME the undersigned authority on this day personally appeared Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. STATE OF TEXAS COUNTY OF NUECES § § Notary Public - State of Texas BEFORE ME the undersigned authority on this day personally appeared , City of Corpus Christi, Texas and acknowledged that he is fully authorized to execute the foregoing document and that he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. 2014. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of Notary Public - State of Texas DEVELOPMENT AGREEMENT EXHIBIT "A" Nueces County Appraisal District Tax Id. #: Nueces County Appraisal District Property Description: Development Agreement Exhibit "B" MEMORANDUM OF RECORD NOTICE OF DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered into that certain Development Agreement under Section 43.035, Texas Local Government Code dated , 20 , (the "Agreement"); Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which, pursuant to the terms and conditions of the Agreement, effectively guarantees the continuation of the extraterritorial status of Owner's property that is currently appraised for ad valorem tax purposes as agricultural land under Subchapter C or D, Chapter 23 of the Tax Code until the Agreement expires or the property is developed for purposes other than agriculture; Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property"); Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and needlessly burdensome; and Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of the Agreement encumbering the Property; NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the Deed Records of Nueces County, Texas, for the purpose of giving notice to all persons that: (1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are available upon request. (2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with all other applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement. (3) The Agreement provides that any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. Executed and filed this the day of 2014. By: Name: Title: THE STATE OF TEXAS COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _ day of 2014. (SEAL) After Recording Return to: City of Corpus Christi Attn: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 Notary Public -State of Texas Exhibit B: Thomas Edward Braman, Nueces County Appraisal District Tax Id. #: 4250-0030- 1001 A 39.98 acre tract, more or less, out of a 478.36 acre tract of land out of the South one-half (S 1/2) of Section 30 and the North one-half (N '/2) of Section 33, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the South one-half (S '/2) of Section 30, Laureles Farm Tracts and the centerline of Farm -to - Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 43, having a right-of-way width of 40.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the western boundary line of a 157 acre tract out of the South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts; THENCE South along the eastern boundary of the Northeast, South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast, South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts; THENCE North along west side of said tract of land, 500.0 feet, also being in the center of County Road 43, to the POINT OF BEGINNING containing 44.88 acres of land less 4.90 acres of right-of-way for a total of 39.98 acres. R.O.W: 4.90 Acres, Fe 3.14 ACIOUTT20F0 .30 Ile Om. Lacy wrmic 38.98 A moo roar lINJI ARAMil LOCATION MAP London iso ger€ ,...n --- _ate e a a 1. iA 13 af11SC Rig ta-of-' FM Development Agreement Area Armenian Ana Exhibit C: J.W. Owens, Nueces County Appraisal District Tax Id. #: 425000280303 and 425000280305 A 22.21 acre tract, more or less, out of 120.0 acres, more or less, out of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts and a portion of 10 acres, more or less, out of the South one-half (S'/2) of Section 28 of the Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the South one-half (S'/2) of Section 28 of the Laureles Farm Tracts and the centerline of Farm -to - Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0 feet; THENCE East, along the centerline of Farm -to -Market 2444, to the northeast corner of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts; THENCE South along the eastern boundary of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, 500.0 feet; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the South one-half (S'/2) of Section 28 of the Laureles Farm Tracts, also being in the center of County Road 47; THENCE North along the centerline of County Road 47, 500.0 feet to the POINT OF BEGINNING containing 25.25 acres of land less 3.04 acres of right-of-way for a total of 22.21 acres. 1.44443.74 4449.174 MI. 67. TIAr MM.. DV LOCATION MAP wm. Car17.'e.4.4.11 lbs 210 xx IND R:yn e.`•-!^+sY selection :omm Devepen1Agreeek Area ATE. Annexann Exhibit D: James F. Nemec Family Real Property, Nueces County Appraisal District Tax Id. #: 4250-0028-020 A 27.064 acre portion, more or less, of a 160 acre tract of land situated in Nueces County Texas, out of that tract of land originally granted to Ramon de Ynojosa, called the "Rincon de Corpus Christi," Abstract No. 411, and being the Northwest One-fourth (NW 1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts, bounded as follows, to -wit: BEGINNING at the southwest corner of this tract of land, being on the west boundary line of the Northwest One-fourth (NW 1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts and on the current right-of-way centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0 feet; THENCE North along west side of said tract of land, 500.0 feet to the northwest corner, also being in the center of the current right-of-way line of County Road 47; THENCE East, being 500.0 feet north of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast, One-fourth (NE 1/4) of Section Twenty -Eight (28) of the Laureles Farm Tracts; THENCE South along the western boundary of the Northeast, One-fourth (NE 1/4) of Section Twenty -Eight (28) of the Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract, also being in the center of Farm -to -Market 2444; THENCE West, along the current right-of-way centerline of Farm -to -Market 2444, to the POINT OF BEGINNING containing 30.30 acres of land less 3.236 acres of righ-of-way for a total of 27.064 acres. LLL LOCATION MAP FM 2446 Right -of -Way ® Davdopmom Rgretam4r 4,2a PomralionAfea Exhibit E: R.L. Owens, Nueces County Appraisal District Tax Id. #: 4250-0028-0000 A 6.20 acre tract, more or less, out of a 36.298 acre tract, out of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northeast corner of this tract of land, also being the northwest corner of the southeast corner of Section 28 of the Laureles Farm Tracts and the centerline of Farm -to - Market 2444, having a right-of-way width of 100.0 feet; THENCE South along east side of said tract of land, 500.0 feet to the southeast corner of the Middle Portion of the Middle Portion of the South one-half (S'/2) of Section 28 of the Laureles Farm Tracts; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts; THENCE North along the western boundary of the Middle Portion of the South one-half (S 1/2) of Section 28 of the Laureles Farm Tracts, 500.0 feet to the northwest corner of this tract, also being in the center of Farm -to -Market 2444; THENCE East, along the centerline of Farm -to -Market 2444, to the POINT OF BEGINNING containing 6.89 acres of land less 0.69 acres of right-of-way for a total of 6.20 acres. LAU R -O -W:.69 Acres Q.V24R J W etF2 Farad 1/AC1S wf0AC5 CUT 9R SQQ Sec STAPLE SCHARMAh RANCH RCP) ..�.RELES FARM TRACES ,62 W AGS OU- NEN SEC S PM 2144 S•$ LOCATION MAP R. t Lon den IS4 in 3 .15; R C 3 S a --F -15 PM..Flour 01101. Y DevBlnpTem AgreemMt AFBs Right -d- lNay ` .i+;_ � Anfatxatron Area Exhibit F: Turnbull Land and Cattle, Ltd., Cuervo Ranch Holdings, Ltd., Staples Investment Partnership, and MPJ Assets, LLC., Nueces County Appraisal District Tax Id. #: 425000280401 and 425000280500 owned in undivided interest A 24.79 acre tract, more or less, out of a 290.80 acre portion of the Southeast one-quarter (SE 1/4) of Section 28, Laureles Farm Tracts and 4.78 Acre, more or less Tract of land out of the Southeast one-quarter (SE '/4) of Section 28, Laureles Farm Tracts , a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the Northwest Corner of this tract of land, being the northwest corner of the Southeast one-quarter (SE %) of Section 28, Laureles Farm Tracts and the centerline on Farm - to -Market 2444, having a right-of-way width of 100.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the northeast corner of the Southeast one-quarter (SE'/4) of Section 28, Laureles Farm Tracts, also being the intersection with State Highway 286, having a right-of-way width of 100.00 feet; Thence South along the centerline of State Highway 286, 500.00 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south and parallel to the centerline of Farm -to -Market 2444 to the west boundary line of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts; THENCE North, along the west boundary line of the Southeast one-quarter (SE 1/4) of Section 28, Laureles Farm Tracts to the POINT OF BEGINNING, containing 28.12 acres of land less 3.33 acres of right-of-way for a total of 24.79 acres. 0000t ra0 Re -00 00.13.05 00,011,000, MOMS 01.17 Of WC.. 1010hE 000400. .100.A. Xt. Lik.1.1k4....rk0119RLS0.5.1:01 New al: LOCATION MAP ionaon Asa 1 Ms.r10n0. 111 011.S0 ...IS 000 00000t =ACM IFILMI003100 10 011040010 VA. . Turban Deveopmeflt AQreemem Area EMI Riot-af-Way s-} .`CF; winnow Ana 0 790 000 1 II II . • 2 i 1 5 ° Fe . 3 g I 98XMI•1 g g 1 \ IN1 i . E IIIII = L v—H3 / , I IP51e 1i2 Li 2 e" Fe 0 1 1 1 1 g og 1 111-1111WIA illkinil 4,. lo, .11 •16.,%' 1 , \- L , g ! i i . 'JI,., ; . i 0 • ., — lel t) s',t- Ell I. MA 0 U xempt Land rAPEX Energy 9U4) m_.* 110 Q 1 1 1 LL a) 42 ---- ,_ s)Im E E E 3 ! (7) 0 <II , , 1 > a) a 0 w b 2 — EI -- -- 19 1 War AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: TO: August 4, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Contract Water Program Management CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 2 to the engineering contract with URS Corporation of Corpus Christi, Texas in the amount of $250,000 for a total restated fee not to exceed $550,000 for Water Program Management. PURPOSE: The purpose of this agenda item is to obtain authority to execute Amendment No. 2 to the URS Corporation contract for Water Program Management. BACKGROUND AND FINDINGS: The City is undertaking several short-term and long-term water and wastewater projects to enhance the systems reliability, capacity, and to address aging infrastructure. In order to effectively manage these projects, the City requires program management services from a team possessing comprehensive knowledge and experience in surface water treatment, wastewater treatment, pumping station and pipeline design as well as general program management expertise. In August 2012, URS Corporation was awarded the contract to deliver these services. In July 2014, the contract was administratively amended to extend the program management services to wastewater projects due to the reorganizations at the City of Corpus Christi combining the Water and Wastewater Departments under the Utilities Department. This project provides a holistic approach to the management of water and wastewater projects. The services include programmatic support such as project portfolio coordination, requirements definition, initial evaluation of alternatives, technical peer review, and support throughout the project life cycle. This project shall not cover the Regional Water Supply Strategic Sustainability Planning efforts, the Sanitary Sewer Overflow Initiative (SSOI) program management, or the Wastewater Treatment Plant Consolidation program management. The duration of the project shall be consistent with the original intent: this amendment will authorize URS Corporation for three years to complete the first five-year contract term, with two five-year term elective options. Annual renewals during each term shall be determined by the program needs and availability of funds and shall require only administrative approval. This is in accordance with the original RFQ solicitation, RFQ No. 2011-05, by which URS Corporation was selected. ALTERNATIVES: 1. Authorize the execution of the engineering contract amendment. 2. Do not authorize the execution of the engineering contract amendment. (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 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $313,000.00 $550,000.00 $500,000.00 $1,363,000.00 Encumbered / Expended Amount $313,000.00 $313,000.00 This Item $250,000.00 $250,000.00 Future Anticipated Expenditures This Project $61,965.00 $61,965.00 BALANCE $0.00 $238,035.00 $500,000.00 $738,035.00 Fund(s): Water CIP #1 Comments: The contract amendment will result in the expenditure of an amount not to exceed $250,000. Funding for wastewater services will be provided from the specific Wastewater CIP project. RECOMMENDATION: City Staff recommends approval of Amendment No. 2 to the to the engineering contract with URS Corporation of Corpus Christi, Texas in the amount of $250,000 for a total restated fee not to exceed $550,000 for Water Program Management. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WATER PROGRAM MANAGEMENT FUNDS AVAILABLE: Water CIP (Current) $863,000 Water CIP (Future Estimate) $500,000 Total $1,363,000 FUNDS REQUIRED: Engineer Fees: *Engineer (URS Corporation) INCLUDES THIS AMEND. NO. 2 $550,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $23,853 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $44,298 Misc $6,815 TOTAL $624,965 PROJECT BUDGET BALANCE *Original contract approved by City Council on August 28, 2012 by Motion No. M2012-161 Funding for wastewater services will be provided from the specific Wastewater CIP project. $738,035 FA 624 44 NULCES BAN bbil°111b' • T'', r if BEAR tf• To, 414i FM. 43 *410 0 CO_RP'US C3{RISTI 'BAY NOTE: CITY WIDE PROGRAM PROJECT # E11069 FM 2444 LAGUNA M.ADRB LOCATION MAP NOT TO SCALE WHITECAP ys ti N GU1FOf :MEXICO WATER PROGRAM MANAGEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 2 The City of Corpus Christi, Texas hereinafter called "CITY", and URS Corporation herein after called "ENGINEER' agree to the following amendment to the Contract for Professional Services for Water Program Management (Project No. E11069), as authorized and amended by: Original A/E Agreement f August 28, 2012 Motion No, M2012-161 $300,000.00 Amendment No. 1 J July 29, 2014 Administrative Approval $0.00 Exhibit "A", Scope of Work, shall be amended as set forth in the attached Amendment No. 2 Exhibit Exhibit "A", Section HI. Fees, shall be amended as specified in Amendment No. 2 Exhibit "A' for a revised fee not to exceed $250,000.00 (Two Hundred Fiftv Thousand Dollars and Zero Cents), for a total restated fee not to exceed $550,000.00 (Five Hundred. Fifty Thousand Dollars and Zero Cents), Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the August 28, 2012 contract between the City and Engineer, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI URS CORP • Natahsa Fudge, P.E., (Date) Je' f H. Edmonds, P.E., Acting Director, Capital Programs Branch Manager 711 N. Carancahua, Suite 1620 Corpus Christi, TX 78401 RECOMMENDED (361) 884-7140 Office (361) 888-7140 Office Operating Department (Date) APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary Jarrles Etherton, P.E., (pate} Vice President Transportation/Infrastructure 9400 Amberglen Boulevard Austin, TX 78729-1100 (512) 419-5868 Office Project No: E11069 Fund Source No. 550950-4091-00000-F11069 Fund Name: Water 2012.19 CIP Encumbrance No: AMEND. NO. 2 Page 1 of 1 Mf 1CNCiINEEP+.lNG DATAE%CHANGEl1EVM;ERlWArER.F.11059 WATFR PROGAM MANAGEMENR'AMENDMEN f F10 21CONTRAGTCONTRACT DOCX July 24, 2014 Natasha Fudge, P.E. Acting Director of Capital Programs City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78410 Re: City of Corpus Christi Water Program Management Project No. E11069 — Amendment No. 2 Dear Ms. Fudge: Pursuant to our contract terms, we are hereby submitting our request for Amendment No.2 for the City of Corpus Christi Water Program Management in compliance with the Executed Agreement between the City of Corpus Christi, Texas and URS Corporation, approved by City Council on August 28, 2012 (Motion M2012-161) (the Agreement). Amendment No. 2 in the amount of $250,000 will becotne effective upon Council approval and will cover services related to the City of Corpus Christi Water Program Management in compliance with the Agreement, as amended.- Billing rates for Amendment No. 2 will also be annually updated consistent with the terms of the agreement. The revised Labor Rates schedule for calendar year 2015 is attached as Attachment B; they are based on the 2013 Consumer Price Index (CPI) of 1.6. The billing rates for the remainder of calendar year 2014 will remain unchanged. As stated in the attached amendrnent, future amendments beyond fiscal year 2014-2015 will be negotiated on a yearly basis and will be extended yearly based on mutual agreement. We are looking forward to our continued collaboration. Sincerely, URS Corporation Jeff H. Edmonds, P.E. Corpus Christi Branch Manager Enclosure cc: Alex Barabanov, P.E., Capital Programs Brian, Butscher, P.E., Assistant Director, Utilities Joelle Francois, P.E., URS URS Corporation 711 North Carancahua, Ste 1620 Corpus Christi, 78401-0572 Tel: 361.884.7140 Fax: 361.888.7140 www. urs.com AMEND. NO. 2 EXHIBIT "A" Page 1 of 4 Page 2 of 3 ATTACHMENT A Water Program Management (Project No. E11069) PURPOSE: The purpose of this contract is to ensure that the technical, fiscal and operational aspects of all capital water and wastewater Improvement Projects are well planned, technically sound, properly sequenced and coordinated with existing operations, ongoing maintenance and repair efforts and future CIP projects. These services can be described as functioning as an extension of the City of Corpus Christi staff to enhance alignment and control of project delivery within the water and wastewater capital improvements program (CIP). The purpose of this amendment is to provide for an annually renewable A/E contract as was originally intended in the CIF and subsequent Request for Qualifications (RFQ). BACKGROUND AND FINDINGS: The City is undertaking several short term and long tern water and wastewater projects to enhance system reliability and capacity. In order to effectively manage these projects, the City required Program Management Services from a team possessing comprehensive knowledge and experience in surface water treatment, wastewater treatment, pumping station and pipeline design as well as general program management experience. The Agreement was fully executed on September 11, 2012 for a total not -to -exceed amount of $300,000. Under this original agreement, Work Authorization No.1 (WA# 1) in the amount of $100,000 was issued on November 14, 2012. Over the next year, URS provided Program Management Services for the Water Department under WA# 1 until October 29, 2013 when Work Authorization No. 2 (WA#2) was issued in the amount of $150,000. Soon after, Work Authorization No.3 (WA#3), in the amount of $50,000 was approved to fund ongoing water and wastewater Program Management tasks. The authorization brought URS' contract up to the limit of $300,000 approved in the original agreement for Fiscal Year 2012-13. URS was not issued a work authorization using the $250,000 funds that were budgeted for Fiscal Year FY 2013-14. In July 2014, following the reorganizations at the City of Corpus Christi combining the Water and Wastewater Departments under the Utilities Department, Amendment No.1 was approved to continue to provide Program Management services related to the City's water infrastructure in addition to the City's wastewater facilities. Services for water and wastewater facilities will be provided under the same contract terms, using the same billing rates. By authorizing the expansion of URS' services to the wastewater facilities, URS is assisting the City with achieving one of its strategic goals to "Develop and Implement a Unified Program Management", CURRENT AMENDMENT Amendment No. 2 is seeking to authorize use the $250,000 in funds allocated for Fiscal Year 2 (FY 2013-2014). As stated in the original agreement, through the City Manager or designee, the City may extend the Agreement at each calendar year by one year upon agreement by both parties. URS Corporation 711 North Carancahua, Ste 1620 Corpus Christi, 78401-0572 Tel: 361.884.7140 Fax: 361.888.7140 www.urs.com AMEND. NO. 2 EXHIBIT "A" Pa•e2of4 AMEND. NO. 2' EXHIBIT "A" Page 3 of 4 URSPage 3 of 3 Water Program Management (Project No. E11069) OTHER CONSIDERATIONS: The Project Manager resides in Corpus Christi, Texas and will serve as the principal agent for the project. Local staff and outside expertise will be used as needed to satisfy the program objectives. The majority of work is anticipated to be performed by local staff. In addition, the Program Manager will not seek to work on water and wastewater design projects which fall directly under the scope of the Water Program Management. However, services under this project will include preliminary and conceptual design as well as alternatives evaluation and cost estimating in addition to technical reviews, value engineering studies, scheduling and other project/program management related services. URS Corporation will not engage in work without the prior authorization of the City of Corpus Christi. CONFORMITY TO CITY POLICY:: Conforms to statutes regarding Request for Qualifications process and the FY 14-15 Capital Budget. This consultant was selected by the City through Request for Qualifications 2011-05 solicitation. ATTACHMENT B Schedule of Hourly Rates Water Program Management (Project No. E11069) 2015 Labor Category Hourly Rate* Corporate Principal 197 Program Manager 180 Sr. Engineer/Sr. Scientist/Chief Engineer 167 Engineer/Scientist/Constructability Reviewer 143 Staff Engineer (PE)/Scientist/Scheduler 120 Sr. Cost Estimator/Jr. Engineer (PE) 114 Project Financial Administrator 93 Sr. CADD Designer/GIS Specialist/ELT 92 CADD Technician/Scheduler Assistant 83 Junior Estimator 74 Admin. Assistant/Writer 62 Note: Engineer Classifications include civil, structural, coastal, geotechnical, electrical, mechanical and environmental disciplines. Charges for equipment, services, and supplies not furnished directly by URS Corporation and any items of expense not customarily incurred in our normal operations, are computed as follows: Notes: 1. Cost plus 10 percent for other shipping charges, professional services, subsistence, transportation, printing and reproduction, miscellaneous supplies, and rentals. 2. Cost plus 10 percent for surveying services, land drilling equipment, construction equipment, testing laboratories, and contract labor. 3. Cost plus 10 percent for vehicle, aircraft, watercraft, helicopter, and marine drilling equipment and operation. 4. Mileage, per diem, and lodging will be reimbursed at cost plus 10 percent. 5. Labor rates for subcontractors will be charged consistent with URS' proposed labor rates and will be invoiced at cost plus 10 percent. 6. A new rate table will go into effect at the beginning of each calendar year. The rates will be accelerated based on the Consumer Price Index (CPI) for the previous calendar year. 7. *The published CPI of 1.6 for 2013 was used to calculate the new hourly rates. 8. The billing rates currently in effect will remain unchanged for the remainder of calendar year 2014. AMEND. NO. 2 EXHIBIT "A" Page 4 of 4 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 -CITY PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS 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: URS Corporation P. O. BOX: STREET ADDRESS: 711 N. Carancahua, Suite 1620 CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other ZIP: 78401 3. Sole Owner ❑ 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 1 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: Jeff H. Edmonds, P.E. rti Titles Branch Manager (Type or Print) Signature of Certifying Person: DEFINITIONS Date: "VI 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. Corpus Chr sti Capital Programs Water Program Management Council Presentation September 16, 2014 Project Scope 0 Corpus Chr sti Capital Programs cows c5txtST7 14.21.11 NOTE: CITY WIDE PROGRAM LOCATION MAP NOr TD SCALE qux.7" 07 w xrco 2 Project Schedule Corpus Chr sti Capital Programs Program Management Services Project Estimate: September 30, 2014 to September 30, 2015 Project Budget too Corpus Chr sti Capital Programs FUNDS AVAILABLE: Water CIP (Current) $863,000 Water CIP (Future Estimate) $500,000 Total $1,363,000 FUNDS REQUIRED: *Engineer (URS Corporation) INCLUDES THIS AMEND. NO. 2 $550,000 Reimbursements $74,966 TOTAL $624,966 PROJECT BUDGET BALANCE $738,035 *Original contract approved by City Council on August 28, 2012 by Motion No. M2012-161 Funding for wastewaster services will be provided from the specific Wastewater CIP project. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: TO: July 25, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 William J. Green, P.E., Interim Head, Environmental & Strategic Initiatives BiIIG@cctexas.com (361) 826-3598 Engineering Monitoring Contract Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,687, for a total restated fee of $192,292 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. PURPOSE: The purpose of this agenda item is to obtain authority to execute the Conrad Blucher Institute contract for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. BACKGROUND AND FINDINGS: The contract for monitoring services provides resources necessary to perform monitoring and data collection required by the Texas Commission on Environmental Quality (TCEQ) as required by the City's amended reservoir operating plan. This operating plan will allow for greater accuracy in determining release events. Reducing salinity monitoring requirements would require modification of the existing TCEQ permit and is not recommended by staff at this time. The Conrad Blucher Institute (CBI) of Texas A&M University -Corpus Christi has conducted extensive research in the Rincon Bayou, local bays and estuaries. The CBI is considered the foremost expert in local near shore salinity research and has existing salinity monitoring stations that will be used to collect the required data. The CBI has conducted the required salinity monitoring for the City since the Reservoir Operating Plan was amended by TCEQ. In November 2013, the City awarded CBI with a contract to initiate salinity and freshwater inflow monitoring. The contract term was from November 15, 2013 through September 30, 2014. This contract, Amendment No. 1, allows CBI to continue to maintain salinity monitoring stations for the Nueces Bay System. The contract term of this amendment is from October 1, 2014 to September 30, 2015. ALTERNATIVES: 1. Authorize the execution of the monitoring contract amendment. 2. Do not authorize the execution of the monitoring contract amendment. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Environmental and Strategic Initiatives FINANCIAL IMPACT: ® Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $202,868.00 $202,868.00 Encumbered / Expended Amount $94,605.00 $94,605.00 This Item $97,687.00 $97,687.00 Future Anticipated Expenditures This Project $10,576.00 $10,576.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: The contract amendment will result in the expenditure of an amount not to exceed $97,687. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,687, for a total restated fee of $192,292 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces Bay System Salinty and Freshwater Inflow Monitoring 2014-2015 FUNDS AVAILABLE: Water Operating $202,868 FUNDS REQUIRED: *Original (Conrad Blucher Institute, TAMUCC) $94,605 Amend. No. 1 (Conrad Blucher Institute, TAMUCC) THIS CONTRACT $97,687 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $3,365 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)$6,250 Misc $961 TOTAL $202,868 PROJECT BUDGET BALANCE $0 *Original contract approved by City Council on November 12, 2013 by Motion No. M2013-170 PROJECT # 8443 >- D NUECES BAY SALTO1 v �y J , CALICOATTE HW44 SALINATION MONITORING STATI ONS CLARKWOOD FM 43 LOCATION MAP NOT TO SCALE NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING 2014-2015 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR MONITORING SERVICES AMENDMENT NO. 1 The City of Corpus Christi, Texas hereinafter called "CITY", and the Conrad Blucher Institute at Texas A&M University—Corpus Christi, hereinafter called "CBI," agree to the following amendment to the Contract for Monitoring Services for Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015 (Project No. 8443), as authorized and amended by: Original AIE Agreement November 12, 2013 Motion No. 2013-170 $94,605.00 In the original contract, Exhibit "A". SECTION II. SCOPE OF SERVICES shall be amended to include the additional tasks as described in Amendment No. 1 Exhibit "A". In the original contract, the FEES shall be amended and is attached as Amendment No. 1 Exhibit "A" for a revised fee not to exceed $97,687.00 (Ninety -Seven Thousand Six Hundred Eighty -Seven Dollars and Zero Cents), for a total restated fee not to exceed $192,292.00 (One Hundred Ninety -Two Thousand Two Hundred Ninety -Two Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the November 12, 2013 contract between the City and CBI, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF COPUS CHRISTI TEXAS A&M UNIVERSITY -CORPUS CHRISTI ' Natasha Fudge, P.E., (Date) �arry Lloyd, �--( � ( Date ) Acting Director, Capital Programs Research Specialist II Conrad Blucher Institute for Surveying and Science RECOMENDED Texas A&M University — Corpus Christi 6300 Ocean Drive, Unit 5799 Corpus Christi, Texas 78412 Operating Department (Date) (361) 825-5759 Office Larry.Lloyd@tamycc.edu APPROVED AS TO LEGAL FORM /!♦1r Cifu4nte (Date) V' = President fo search, Commercialization Assistant City Attorney (Date) and Outreach for City Attorney APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary Project No: 8443 Fund Source No: 530000-4010-30220-180227 Fund Name: Water Operating Encumbrance No: TEXAS A&M UNTVEnsrry kk CORPUS CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Sharon Bailey Lewis 1201 Leopard City of Corpus Christi Corpus Christi, Texas 78401 Dear Sharon Lewis: Larry Lloyd Research Specialist II Conrad Blucher Institute for Surveying and Science College of Science and Engineering 630o OCEAN DRIVE, UNIT 57L9 CORPUS CHRISTI, TEXAS 78412 0 361.825.5759 C 361.438.6594 8 July, 2014 The statements of work covered herein are submitted to the City of Corpus Christi for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue the ongoing salinity monitoring efforts in the Nueces Estuary. PROPOSED SCOPE OF WORK FOR NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING: 2014-2015 Summary Three salinity monitoring stations in the Nueces River and Bay will be covered under this agreement. Station service includes exchange of Hydrolab° instruments with a freshly calibrated unit. In order to reduce costs, station service frequency will be based on observed marine growth fouling the instruments; for example, every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler. All salinity monitoring stations will report salinity and water temperature. All monitoring stations will also report dissolved oxygen, pH, and water depth. All data will be available in graphical and tabular format on the CBI website (http://www.cbi.tamucc.edufNueces-BayWater-Duality-Monitoring) within one hour of the time data were collected. This proposal covers a period of 1 year. Research Objectives The Conrad Blucher Institute for Surveying and Science (CBI) at TAMUCC has been operating and maintaining salinity monitoring equipment in the Nueces Estuary for the City of Corpus Christi since November 1991, trying to help understand the effects of freshwater inflows on salinity into the Nueces system. Additional funding from the Coastal Bend Bays and Estuaries Program (CBBEP) will ensure that comprehensive spatial coverage of the Nueces Estuary continues. This proposal is for a continuation of the current monitoring effort in support of salinity conditions in Nueces Bay and river. The data collected will be used to help the City of Corpus Christi water supply managers determine quantities of fresh water required by the amended Agreed Order between the City and the State of Texas. Other benefits of the data collection include collaboration with other researchers in the delta, namely, The Center for Coastal Studies (CCS) and Harte Research Institute for Gulf of Mexico Studies (HRI) at TAMUCC, the University of Texas Marine Science Institute at Port Aransas (UTMSI), and the U.S. Army Corps of Engineers (COE; Fort Worth District). AMEND. NO. 4 EXHIBIT "A" Page 1 of 5 Nueces Bay Salinity Monitoring — Freshwater Inflow This is an ongoing project originating in the fall of 1991. Nueces Bay salinity monitoring by CBI consists of 2 monitoring platforms in the bay: one near Whites Point (SALT03) and the other mid bay, near the CPL power lines (SALT01); plus one station in the Nueces River (SALT05). In addition, with support from CBBEP, CBI will continue to maintain SALT08, at the mouth of the Rincon Bayou, which was, until recently, sponsored by the City. Parameters measured at stations SALT01, SALT03 and SALT05 include salinity, conductivity, dissolved oxygen, water temperature, water depth, and pH. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (http://lighthouse.tamucc.edu/salrel) produced by CBI and the Nueces River Authority (NRA) shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow The City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. UTMSI, HRI, and CCS are presently conducting long-term ecological studies of the effects of this diversion. Five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay have been established to determine the fate of freshwater diversions from the pipeline. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operated a tidal/meteorological station (011) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of 2010 with a new tidal monitoring platform (185) just across the bay, near the mouth of the Nueces River. Although not an official TCOON station, all maintenance and operation of the tidal station will follow TCOON protocols. Precise water level measurements from this station are used as a reference for work by the others in the various projects in the bay, river, and delta. The initial installation and maintenance was funded by the CBBEP. Funding for continuing maintenance of this station is currently being sought. Station Service and Maintenance All water quality monitoring stations consist of a Hydrolab© water quality datasonde, a modem, data collection platform, and 12 volt solar power system. TAMUCC owns and maintains all monitoring equipment. Freshly calibrated units are exchanged with units on the station every 2 to 3 weeks, depending on the degree of observed marine fouling on the instruments. The Hydrolabs° are taken back to CBI for post calibration and preparation for future service. An annual maintenance agreement with HydrotechZS ensures the accuracyof the Hydrolab© units. Covered under this agreement are all components of the Hydrolab©, ensuring that the instruments deployed meet factory standards. All datasondes will be placed under the annual service agreement to ensure continual data collection at all stations. AMEND. NO. 1 EXHIBIT "A" Page 2 of 5 Data Collection A computer program, written by staff at CBI, polls each station every six minutes. Five measurements are requested from each instrument, these five are then averaged. The hourly averages are then placed into the database and reported on the CBI web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http://www.nueces-ra.org/CP/CITY/passthrufindex.php). Monthly salinity levels in relation to the Upper and Lower Salinity bounds are found at http://lighthouse.tamucc.edu/salrel, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. Instrument Calibration All calibration standards used are NIST traceable, and purchased from HydrotechZS. Calibration and post - calibration methods used are those established by the manufacturer of Hydrolab°. All calibration and post - calibration records are kept on the CBI environmental monitoring database and available upon request. An instrument maintenance agreement with HydrotechZS is used with each Hydrolab©. Each unit is sent to the manufacturer annually for inspection and refurbishment. All components of the instrument are covered under the warranty agreement and they are replaced as needed. Collaborative Monitoring This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMSI, HRI, COE, CBBEP, USGS and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. Schedule of Work and Fee for Service The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of one year (1 October, 2014 through 30 September, 2015) to perform all services necessary to provide water quality monitoring, as described in this proposal. The budget for 1 October, 2014 through 30 September, 2015 is $97,687 and is enclosed with this proposal. AMEND. NO. 1 EXHIBIT "A" Page 3 of 5 Budget Summary TOTAL Salaries & Benefits $57,692 Travel Pool $6,178 Supplies $4,000 Other Expenses (IP modem fee, freight service $6,700 warranty) Indirect $23,117 TOTAL $97,687 AMEND. NO. 1 EXHIBIT "A" Page 4 of 5 NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING 2014-2015 SUMMARY OF FEES ORIGINAL CONTRACT AMEND. NO. 1 TOTAL 1 Salaries & Benefits $50,263.00 $57,692.00 $107,955.00 2 Travel Pool 10,005.00 6,178.00 16,183.00 3 Supplies 4,000.00 4,000.00 8,000.00 4 Other Expenses 7,950.00 6,700.00 14,650.00 5 Indirect 22,387.00 23,117.00 45,504.00 TOTAL 94,605.00 97,687.00 192,292.00 11/12/13 M2013-170 M2014 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 ii TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS 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: Conrad Blucher Institute at Texas A&M University -Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive, Unit 5799 CITY: Corpus Christi ZIP: 78412 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. �2;C._ 3v i',a-V7/ n / / ' 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.' NNaalmee 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." 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." Nam 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." Nar/rt 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 he made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)I 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. Vice President for Research, Certifying Person: Dr. Luis Cifuentes Title: Commercialization, & Outreach (Type or Print) Signature of Certifying r /� Date:. Y'l Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr sti Capital Programs Nueces Bay System Salinity & Freshwater Inflow Monitoring 2014-2015 Council Presentation September 16, 2014 Project Scope 0 Corpus Chr sti Capital Programs • Ongoing project originating in the Fall of 1991 • Maintenance and real-time data collection salinity monitoring stations in Nueces Bay (2) in the Nueces River (1). • Data is available to the public at http://www.cbi.tamucc.edu/Nueces- BayWater-Quality-Monitoring • Salinity reduction data is used to determine flow freshwater releases from the Wesley Seale Dam into Nueces Bay Estuary to satisfy requirements put forth in the Texas Natural Resource Conservation Commission agreed order (found at: http://www.nueces-ra.org/CP/CITY/pdfs/agreed order.pdf) • Salinity maintenance and data collection performed by the Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi. • Passthru Reports provide to the public the Nueces River Authority's website: http://www.nueces-ra.org/CP/CITY/passthru/index.php • Salinity relief values are available at: http://lighthouse.tamucc.edu/salrel 2 Project Scope Corpus Chr sti Capital Programs PROJECT # 84 HWaa SALINATION MONITORING STATIONS SALT03, -N / O AGNUS AGNUS _ 32 0 ORGAN o BEAR POINT O LOCATION MA12)?ro,,,, ti� rRo oRF'Scq�oo _4 Project Schedule Corpus Chr sti Capital Programs Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Monitoring Services Project Estimate: October 1, 2014 to September 30, 2015 TOTAL Project Budget too Corpus Chr sti Capital Programs FUNDS AVAILABLE: Water Operating FUNDS REQUIRED: *Original (Conrad Blucher Institute, TAMU-CC) Amend. No. 1 (Conrad Blucher Institute, TAMU-CC) THIS CONTRACT $202,868 $94,605 $97,687 Reimbursements $10,576 PROJECT BUDGET BALANCE $202,868 *Original contract approved by City Council on November 12, 2013 by Motion No. M2013-170 $0 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for City Council Meeting September 23, 2014 DATE: 9/5/2014 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe, Assistant City Manger SThorpe@cctexas.com 361-826-3898 Eddie Ortega, HCD Director EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Resolution to acknowledge the Homeless Housing and Services Program funding from TDHCA to the Mother Teresa Shelter, Inc. CAPTION: Resolution to acknowledge the current FY2014-2015 funding allocation of $199,843 provided by the Texas Department of Housing and Community Affairs to Mother Teresa Shelter, Inc. for the Homeless Housing and Services Program; and to have each City Council member submit a TDHCA "Uniform Previous Participation Form". PURPOSE: Purpose of the resolution is for City Council to acknowledge the FY2014-2015 funding awarded to the Mother Teresa Shelter, Inc. in order for the Texas Department of Housing and Community Affairs to enter in a binding agreement with Mother Teresa Shelter, Inc. for the administration of the funds. BACKGROUND AND FINDINGS: In 2009, the City of Corpus Christi received a Homeless Housing and Services Program (HHSP) grant in the amount of $779,446 from the Texas Department of Housing and Community Affairs (TDHCA). The HHSP grant is provided to the eight largest cities in Texas and is awarded every two years from General Revenue funds by the Texas Legislature. Allowable activities under the HHSP grant include construction, development or procurement of housing for homeless persons; rehabilitation of structures targeted to serving homeless persons or persons at -risk of homelessness; provisions of direct services and case management to homeless persons or persons at -risk of homelessness; or other homeless -related activities as approved by TDHCA. On November 10, 2009 the City Council passed a Resolution (#028425) to accept the allocation and appoint the Mother Teresa Shelter, Inc. as the sole direct designee to provide services in lieu of the City. To date, the award has renewed every two years during the Texas Legislative session. Though the HHSP grant award is designated to "pass-through" the City, TDHCA and Mother Teresa Shelter, Inc. have a direct contractual agreement for the use of the HHSP funds. HHSP guidelines require that the City, as the funding recipient and governing body, is required to submit Uniform Previous Participation Forms for each City Council member, City Administrator, and Department Director. The form is an acknowledgement of any TDHCA contract in which the City is directly involved in. The information on #2 of the form will be an acknowledgement of the HHSP funding received by Mother Teresa Shelter, Inc. within the last three (3) years. The form has not previously been required, however TDHCA now requires that in order for Mother Teresa, Inc. to receive HHSP funding, all parties involved, including Mother Teresa Shelter, Inc. staff and board members and the City Council of the City of Corpus Christi must acknowledge said funding allocation. Upon the passing of the Resolution, City staff will facilitate the completion of the Uniform Previous Participation Form as the Resolution will serve as the overall acknowledgement of the funds to be received by Mother Teresa Shelter, Inc. The form requires no signatures, therefore, once the Resolution is passed, City staff will include the name of the City Council member on the forms individually and submit the forms along with the Resolution of the City Council acknowledging the FY2014-2015 HHSP funding to Mother Teresa Shelter, Inc. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Housing and Community Development Department Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: HCD requests the passing of the resolution. LIST OF SUPPORTING DOCUMENTS: Uniform Previous Participation Form Resolution Historical Resolution #028425 Resolution to acknowledge the current FY2014-2015 funding allocation of $199,843 provided by the Texas Department of Housing and Community Affairs to Mother Teresa Shelter, Inc. for the Homeless Housing and Services Program; and to have each City Council member submit a TDHCA "Uniform Previous Participation Form". Whereas, in 2009 the City of Corpus Christi received a Homeless Housing and Services Program (HHSP) grant in the amount of $779,446 from the Texas Department of Housing and Community Affairs (TDHCA) which is to be used for homeless -related activities; Whereas, on November 10, 2009 the City Council passed a Resolution (#028425) to accept the allocation and appoint Mother Theresa Shelter, Inc. as the sole direct assignee to provide services in lieu of the City; Whereas, Mother Teresa Shelter, Inc. has received a funding allocation from the TDHCA for FY2014-2015 in the amount of $199,843 for the HHSP; and Whereas, although not previously required, the TDHCA now requires that in order for Mother Theresa Shelter, Inc. to receive the current FY2014-2015 funding allocation of $199,843 for the HHSP, the City Council of the City of Corpus Christi must acknowledge said funding allocation and each Council member must submit a TDHCA "Uniform Previous Participation Form". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City Council for the City of Corpus Christi hereby acknowledges the current FY2014-2015 funding allocation of $199,843 provided by the TDHCA to Mother Teresa Shelter, Inc. for the HHSP; and Section 2. Each City Council member shall submit a TDHCA "Uniform Previous Participation Form". PASSED AND APPROVED this day of , 2014 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2014 Nelda Martinez Mayor 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 Uniform Previous Participation Form Identify the subrecipient/entity legal name and contact information for the person designated to address questions from TDHCA staff regarding this form and/or the previous participation review. Subrecipient/Entity Legal Name: Mother Teresa Shelter, Inc. Designated Contact Name: Linda McKamie, Executive Director Designated Contact Email: Imckamie@diocesecc.org Complete Sections 1, 2 and 3 for each person/entity that has or will have a controlling interest or oversight in the contract, award, agreement or ownership transfer being considered. This form should also be completed for each board member, individual with signature authority, executive director or elected official that represents the person/entity (as applicable). Person/Role: 1. List experience with all TDHCA rental development programs (including: HTC, HTC Exchange, HOME (RHD), NSP and BOND) that you have controlled at any time. By placing an X in this box, I certify that I have no prior experience with any TDHCA administered affordable rental program. X TDHCA ID# Property Name Property City Program Control began (mm/YY) Control End (mm/YY) 2.List any TDHCA Community Affairs Contract Activities (including: CSBG, CEAP, WAP, HHSP, and ESG) that you had experience overseeing within the last 3 years. By placing an X in this box, I certify that I have no prior experience with any TDHCA Community Affairs Contract Activity. TDHCA Contract ID# Grantee, Contractor or Sub-Recipient Name Program Contract Begin (mm/yy) Contract End (mm/yy) 63100000890 Mother Teresa Shelter, Inc. HHSP 10-Oct 11-Aug 63140001775 Mother Teresa Shelter, Inc. HHSP 13-Oct 14-Aug 3. List experience with Single Family TDHCA programs and activities (including: HOME (HRA, HBA, CFDC, TBRA or SFD), all HTF/OCI activities (including: AYBR, Bootstrap, and Colonia Self-Help Centers), NSP and any other Single Family awards that you had experience overseeing within the last 3 years. By placing an X in this box, I certify that I have no prior experience with any Single Family TDHCA programs or activity. X TDHCA Contract ID# Administrator Name (Grantee, Contractor or Sub-Recipient) Program Contract Begin (mm/yy) Contract End (mm/yy) July 2014 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT AN ALLOCATION FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS IN THE AMOUNT OF $779,446 FOR THE HOMELESS HOUSING AND SERVICES PROGRAM; APPOINTING MOTHER TERESA SHELTER, INC., AS THE SOLE DIRECT DESIGNEE TO PROVIDE SERVICES, IN LIEU OF THE CITY, FOR THE EXPANSION OF DAYTIME SHELTER SERVICES TO BENEFIT THE HOMELESS; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Homeless Housing and Services Program. Additionally, the City Council appoints Mother Teresa Shelter, Inc., as the sole direct designee to provide services, in lieu of the City, for the expansion of daytime shelter services to benefit the homeless. Furthermore, the City Manager or his designee is authorized to execute all related documents necessary to implement the program. ATTEST: Armando Chapa City Secretary APPROVED: November 10, 2009 Eliz. • : h R. Hundley Ass ` . nt City Attorney for the City Attorney EHres255.doc CITY OF CORPUS CHRISTI Joe Ada°1-1 Mayor �. 28425 Corpus Christi, Texas //1k day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 8425 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd@cctexas.com (361) 857-1909 Floyd Simpson, Chief of Police floyds@cctexas.com 886-2603 Purchase of Police Interceptor Sedans CAPTION: Motion approving the purchase of two (2) police interceptor sedans from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $55,172.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. PURPOSE: To be used by City Marshalls in the performance of their duties throughout the City. BACKGROUND AND FINDINGS: None. ALTERNATIVES: CNG is not available for this vehicle. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Reliability (OEM available?) (CNG not available) Specifications (Bi -Fuel available?) (Bi -Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X No OEM available X Mission Capability compromised X OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.51 $0 $7,805,535.51 Encumbered / Expended Amount $5,024,567.60 $0 $5,024,567.60 This item $55,172.00 $0 $55,172.00 BALANCE $2,725,795.91 $2,725,795.91 Fund(s): Maintenance Service Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION PRICE SHEET TLGPC CONTRACT NO. 430-13 POLICE INTERCEPTOR SEDANS QTY. UNIT Caldwell Country Chevrolet Caldwell, Texas 2015 Ford Police Interceptor Sedan TOTAL: 2 Each UNIT EXTENDED PRICE PRICE $27,586.00 $55,172.00 $55,172.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd@cctexas.com (361) 857-1909 Floyd Simpson, Chief of Police floyds@cctexas.com 886-2603 Purchase of Police Vehicles CAPTION: Motion approving the purchase of thirty-one (31) police vehicles from Sames Ford, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0224-14, based on lowest responsible bid for a total expenditure of $794,185.49. Funds have been budgeted in FY 2013-2014. PURPOSE: To be used by Police Officers in the performance of their duties throughout the City. BACKGROUND AND FINDINGS: None. ALTERNATIVES: CNG is not available for these vehicles. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Reliability (OEM available?) (CNG not available) Specifications (Bi -Fuel available?) (Bi -Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X No OEM available X Mission Capability compromised X OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.51 $0 $7,805,535.51 Encumbered / Expended Amount $5,073,283.60 $0 $5,073,283.60 This item $794,185.49 $0 $794,185.49 BALANCE $1,938,066.42 $1,938,066.42 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0224-14 POLICE VEHICLES ITEM DESCRIPTION QTY. UNIT Sames Ford Corpus Christi, TX UNIT EXTENDED PRICE PRICE Autonation Ford Corpus Christi, TX UNIT EXTENDED PRICE PRICE 1. 2015 Ford Police Interceptor AWD Sedan 16 Each $26,740.55 $427,848.80 $26,995.00 $431,920.00 2. 2015 Ford Police Interceptor Utility Vehicle 2 Each 26,634.76 53,269.52 27,000.00 54,000.00 3. 2015 Chevrolet Tahoe 4WD Special Service Vehicle 4 Each NO BID NO BID 4. 2015 Ford Fusion Hybrid SE Sedan 13 Each 24,082.09 313,067.17 24,450.00 317,850.00 Total $794,185.49 $803,770.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd@cctexas.com (361) 857-1909 Floyd Simpson, Chief of Police floyds@cctexas.com 886-2603 Purchase of Tahoe Police Special Service Vehicles CAPTION: Motion approving the purchase of four (4) Tahoe police special service vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total expenditure of $133,088.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013- 2014. PURPOSE: To be used by Police Officers in the performance of their duties throughout the City. BACKGROUND AND FINDINGS: None. ALTERNATIVES: CNG is not available for this vehicle. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Reliability (OEM available?) (CNG not available) Specifications (Bi -Fuel available?) (Bi -Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X No OEM available X Mission Capability compromised X OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.51 $0 $7,805,535.51 Encumbered / Expended Amount $5,073,283.60 $0 $5,073,283.60 This item $133,088.00 $0 $133,088.00 BALANCE $2,599,163.91 $2,599,163.91 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION PRICE SHEET TLGPC CONTRACT NO. 430-13 TAHOE POLICE SPECIAL SERVICE VEHICLES QTY. UNIT Caldwell Country Chevrolet Caldwell, Texas 2015 Chevrolet Tahoe 4WD Special Service Vehicle 4 Each UNIT PRICE $33,272.00 EXTENDED PRICE $133,088.00 TOTAL: $133,088.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase and Lease Purchase of Backhoes CAPTION: Motion approving the purchase of two (2) Series III Tractor Loader Backhoes and Lease Purchase of three (3) Series IV Tractor Loader Backhoes from Doggett Machinery of Corpus Christi, Texas, based on lowest responsible bid in accordance with Bid Invitation BI -0237-14 for a total amount of $364,353. The backhoe will be used by the Gas, Park & Recreation, Water and Wastewater Department. These units are replacement to the fleet. Funds for the purchase of (2) two tractor loader backhoes are available in the FY 2013-2014 Capital Outlay Budget of the Maintenance Services. Funds for the lease purchase of three (3) tractor loader backhoes will be provided through the City's lease/purchase financing program. PURPOSE: The backhoes will be used for excavation and backfilling of materials. All units are replacement units to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Utilities Department Fleet Maintenance Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.31 $241,245.60 $8,046,780.91 Encumbered / Expended Amount $5,163,058.60 0.00 $5,163,058.60 Purchase $136,951.00 0.00 $136,951.00 Lease Purchase 0.00 $241,245.60 $241,245.60 BALANCE $2,505,525.71 0.00 $2,505,525.71 Fund(s): Fleet Maintenance Services Fund, Gas Fund, Park & Recreation Fund Comments: Funding for the purchase of the two (2) backhoes, in the amount of $136,951.00, are available in the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2013-2014. Funding for the lease purchase of the remaining three (3) backhoes are approved in the FY 2013-2014 budget. However, the backhoes will be delivered and paid for in FY 2014 -2015 and, therefore, no funds are required in this fiscal year. Funding is provided through the City's lease/purchase financing agreement for a sixty -month period. The estimated interest rate is 2.35%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $48,249.12. Total estimated cost over the sixty - month period, including principal of $227,402.00 and interest of $13,843.60, is $241,245.60. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation - Sheet attached. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: GABRIEL MALDONADO BID TABULATION NO. BI -0237-14 Purchase of Tractor/Loader/Backhoes TOTAL: $ 364,353.00 $ 422,848.32 Doggett Machinery Corpus Christi, Tx Nueces Power Equipment Corpus Christi, Tx ITEM DESCRIPTION QTY UNIT EXTENDED UNIT PRICE PRICE UNIT PRICE EXTENDED PRICE 1 Series III Tractor Loader Backhoe - w/Backhoe Buckets per Specification 1 EA $57,299.00 $57,299.00 $ 71,309.32 $ 71,309.32 No. 1017 Park & Recreation -Lease Purchase 2 Series IV Tractor Loader Backhoe - w/Extended Option, Hydraulic tool supply power w/Buckets per 1 EA $75,772.00 $75,772.00 $ 83,169.00 $ 83,169.00 Specification No. 1017 Water Dept - Purchase 3 Series III Tractor Loader Backhoe - w/Extended Option, w/Buckets per 1 EA $61,179.00 $61,179.00 $ 71,644.00 $ 71,644.00 Specification No. 1017 Wastewater Dept - Purchase 4 Series IV Tractor Loader Backhoe - w/Extended Option, w/Buckets per 1 EA $73,730.00 $73,730.00 $ 80,759.00 $ 80,759.00 Specification No. 1017 Gas Dept - Lease Purchase 5 Series IV Tractor Loader Backhoe - w/Extended Option, w/Buckets and detachable sideboom per Specification 1 EA $96,373.00 $96,373.00 $ 115,967.00 $ 115,967.00 No. 1017 Gas Dept - Lease Purchase TOTAL: $ 364,353.00 $ 422,848.32 DATE: TO: AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 September 16, 2014 Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase and Lease Purchase of Six (6) Green City Initiative Vehicles and Four (4) Heavy Trucks CAPTION: Motion approving the purchase two (2) CNG vehicles, one (1) hybrid vehicle, four (4) heavy trucks and the lease -purchase of two (2) CNG Vans and one (1) CNG heavy trucks from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $403,907.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the vehicles have been budgeted in FY 2013-2014. Financing for the lease - purchase of the vehicles will be provided through the City's lease -purchase financing contractor. PURPOSE: These vehicles will be used by the using departments in performance of their duties throughout the City. Seven (7) units are replacements to the fleet and three (3) units are additions to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. BACKGROUND AND FINDINGS: The equipment will be purchased through the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC). TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Facility Maintenance, Libraries Grant Fund No. 1068, Neighborhood Services, Park and Recreations, Solid Waste Department, Street Department, Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,246,802.12 $149,062.80 $8,395,864.92 Encumbered / Expended Amount $5,159,956.85 0.00 $5,159,956.85 Purchase $259,400.07 0.00 $259,400.07 Lease Purchase 0.00 $149,062.80 $149,062.80 BALANCE $2,827,445.20 0.00 $2,827,445.20 Fund(s): General Fund, Libraries Grant Fund No. 1068, Stormwater Fund, Water Fund & the Capital Outlay Budget of the Fleet Maintenance Services Fund. Comments: Funding for the purchase of the vehicles, in the amount of $259,400.07, is available in the General Fund, Stormwater Fund, Water Fund and the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2013-2014. Funding for the lease purchase of the remaining vehicles are approved in the FY 2013-2014 budget. However, the equipment will be delivered and paid for in FY 2014 -2015 and, therefore, no funds are required in this fiscal year. Funding is provided through the City's lease/purchase financing agreement for a sixty -month period. The estimated interest rate is 2.35%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $29,812.56. Total estimated cost over the sixty - month period, including principal of $140,509.16 and interest of $8,553.64, is $149,062.80. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO PRICE SHEET BUYBOARD CONTRACT NO. 430-13 ITEM DESCRIPTION QTY UNIT Caldwell Country Ford -Chevrolet Caldwell, Texas UNIT EXT PRICE PRICE 1 2015 Chevrolet 15 Passenger Van 1 EA $40,474.00 $40,474.00 CNG Vehicle Lease Purchase - Solid Waste 2 2015 - 3 /4 Ton Chevrolet Express Cargo 1 EA 33,806.00 33,806.00 Van - CNG Vehicle Lease Purchase - Facility Maintenance 3 2015 Ford CMAX HYBRID 1 EA 23,009.00 23,009.00 Purchase - Neighborhood Services 4 2014 F-150 BI -Fuel CNG Conversion 1 EA 30,152.00 30,152.00 Purchase - Stormwater 5 2015 Chevrolet Express Cargo Van - CNG 1 EA 33,806.00 33,806.00 Vehicle Purchase - Library 6 2015 Ford F-350 w/ Service Body - Diesel 1 EA 38,602.61 38,602.61 Purchase - Fleet Maintenance Services 7 2015 Ford F-250 w/ Service Body & Lift Gate 1 EA 35,291.61 35,291.61 - Diesel Purchase -Fleet Maintenance Services 8 2015 Ford F-450 w/ Service Body - 1 EA 70,227.16 70,227.16 CNG Vehicle Lease Purchase - Street 9 2015 Ford E-350 CUTAWAY w/ Service 1 EA 35,686.00 35,686.00 Body - Diesel Purchase - Water 10 2015 Ford F-350 w/ Service Body - Diesel 1 EA 62,852.85 62,852.85 Purchase - Fleet Maintenance Services Total 403,907.23 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase of Wheel & Skid Steer Loader CAPTION: Motion approving the purchase of one (1) Wheel Loader and one (1) Skid Steer Loader from Waukesha — Pearce Industries Inc., Corpus Christi, Texas for the total amount of $97,519.53. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding for the purchase of the loaders is available in the Fleet Maintenance Services Fund in FY 2013- 2014. PURPOSE: The equipment will be used by the Waste Water Department at the Greenwood Plant and Collection System to clean and maintain dry beds. BACKGROUND AND FINDINGS: The loaders will be purchased through the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC). TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012-2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $5,514.171.00 $5,514.171.00 Encumbered / Expended Amount $5,073,283.60 $5,073,283.60 This item $97,519.53 $97,519.53 BALANCE $343,367.87 $343,367.87 Fund(s): Fleet Maintenance Services Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BUY BOARD #424-13 BUYER: LATIFAH JACKSON LOADERS ITEM DESCRIPTION WHEEL LOADER SKID STEER LOADER Total QTY UNIT 1 EA 1 EA WAUKESHA - PEARCE INDUSTRIES INC. CORPUS CHRISTI, TX UNIT EXT PRICE PRICE $69,515.64 $69,515.64 28,003.89 28,003.89 97,519.53 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase and Lease Purchase of Mowers, Tractors and Heavy Trucks (CNG) CAPTION: Motion approving the purchase five (5) mowers, three (3) tractors, four (4) heavy trucks (CNG), and the lease -purchase of one (1) mower, and three (3) heavy trucks (CNG) from the following companies for the following amounts for a total amount of $1,593,206.52. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). Funding for the purchase of mowers, tractors and heavy trucks are available in the General Fund and the Capital Outlay Budget of the Maintenance Service Fund. Financing for the lease -purchase of mower and heavy trucks will be provided through the City's lease -purchase financing contractor. John Deere Company Cary, NC Items 1,2,&3 $118,389.52 Houston Freightliner Houston, TX Items 4, 5, 6, 7, 8 & 9 $1,391,583.00 Grand Total: $1,593,206.52 Kubota Tractor Corp. Torrance, CA Items 10 & 11 $83,234.00 PURPOSE: The mowers will be used to maintain the City Parks throughout the City, Cefe Landfill and Allison Wastewater Plant. The tractors will be used at the Cefe Landfill, Allison & Oso Wasterwater Treatment Plants. The heavy trucks will be used by Street, Stormwater, Water and Wastewaster in their day to day operations. All units are replacements to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. BACKGROUND AND FINDINGS: The equipment will be purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Park and Recreations, Solid Waste Department, Street Department, Stormwater Department, Wastewater Department, Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,604,865.71 $757,333.50 $9,362,199.21 Encumbered / Expended Amount $3,868,037.09 0.00 $3,868,037.09 Purchase $879,332.24 0.00 $879,332.24 Lease Purchase 0.00 $757,333.50 $757,333.50 BALANCE $3,857,496.38 0.00 $3,857,496.38 Fund(s): General Fund & the Capital Outlay Budget of the Fleet Maintenance Services Fund. Comments: Funding for the purchase of the five (5) mowers, three (3) tractors, four (4) heavy trucks (CNG), in the amount of $879,332.24, is available in the General Fund and the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2013-2014. Funding for the lease purchase of one (1) mower, and three (3) heavy trucks (CNG) is approved in the FY 2013-2014 budget. However, the equipment will be delivered and paid for in FY 2014 -2015 and, therefore, no funds are required in this fiscal year. Funding is provided through the City's lease/purchase financing agreement for a sixty -month period. The estimated interest rate is 2.35%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $151,466.76. Total estimated cost over the sixty - month period, including principal of $713,874.28 and interest of $43,459.22, is $757,333.50. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO PRICE SHEET HGAC CONTRACT NO. GR01-12 & HT06-14 ITEM DESCRIPTION QTY UNIT John Deere Company Cary, NC Houston Freightliner Houston, TX Kubota Tractor Corp. Torrance, CA UNIT PRICE EXT PRICE UNIT PRICE EXT PRICE UNIT PRICE EXT PRICE 1 John Deere 997 Commercial Mower 5 EA $14,871.28 $74,356.40 Purchase - (4) - Park & Recreation Lease Purchase - (1) - Solid Waste 2 John Deere MX7 Rotary Mower 1 EA 3,117.13 3.117.13 Purchase - Allison Wastewater Plant 3 John Deere 5057 M Utility Tractor 1 EA 40,914.99 40.915.99 Purchase - Oso Wastewater Plant 4 2015 Freightliner M2-112 (HT -4) Asphalt Body Truck 1 EA 141,879.00 141.879.00 - CNG Vehicle Lease Purchase - Street 5 2015 Freightliner M2-112 (HT -4) 7 CY Dump Truck - 2 EA 278,562.00 557.124.00 CNG Vehicle Lease Purchase - Street 6 2015 Freightliner M2-112 (HT -6 ) Crew Cab Truck w/Service Body - CNG Vehicle 1 EA 154,303.00 154,303.00 Purchase - Water 7 2015 Freightliner M2-112 (HT -6 ) Crew Cab Truck w/Service Body - CNG Vehicle 1 EA 196,053.00 196.053.00 Purchase -Wastewater 8 2015 Freightliner M2-112 (HT -6 ) Crew Cab Truck w/Flatbed Body - CNG Vehicle 1 EA 171,644.00 171.644.00 Purchase -Wastewater 9 2015 Freightliner 114SD - 12 CY Dump Truck - 1 EA 170,580.00 170.580.00 CNG Vehicle Purchase - Storm Water 10 Kubota 2 WD Tractor w/Hydraulic Shuttle & Rops 1 EA 44,005.20 44.005.20 Utility Tractor Purchase - Wastewater 11 Kubota 4 WD Tractor w/Hydraulic Shuttle & Cab 1 EA 39,228.80 39.228.80 Utility Tractor Purchase - Solid Waste Total Grand Total Award: 1.593.206.52 118.389.52 1.391.583.00 83.234.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase and Lease Purchase of Excavator(s) CAPTION: Motion approving the purchase of four (4) excavators and the lease purchase of one (1) excavator from Doggett Machinery, Corpus Christi, TX for the total amount of $221,674.00. The award is based on the lowest responsible bid in accordance to Bid Invitation BI -0223-14. Funding for the purchase of excavators is available in the Fleet Maintenance Services Fund in FY 2013-2014. Funds for the lease purchase of excavator will be provided through the City's lease purchase financing program. PURPOSE: The equipment will be used for excavation of underground utilities while performing leak repairs, replacements, and new construction by the Gas, Water and Wastewater Department Four units are additions and one (1) unit is a replacement to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: General Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,940,418.84 $24,960.57 $7,965,379.41 Encumbered / Expended Amount $5,073,283.60 0.00 $5,073,283.60 Purchase $197,747.00 0.00 $197,747.00 Lease Purchase $423.06 $24,960.57 $25,383.63 BALANCE $2,668,965.18 0.00 $2,668,965.18 Fund(s): Fleet Maintenance Services Fund and Gas Fund Comments: Funding for the purchase of excavators, in the amount of $197,747.00, is available in the Fleet Maintenance Service Fund FY 2013-2014. The $423.06 financial impact shown above represents one (1) month of expenditures that will be encumbered through the end of this fiscal year, for the lease/purchase excavator. The remaining $24,960.57 will be requested during the normal FY 2014- 2015 budget approval process. Funding is provided through the City's lease/purchase financing agreement for a sixty -month period. The estimated interest rate is 2.35%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $5,076.72. Total estimated cost over the sixty - month period, including principal of $23,927.00 and interest of $1,456.63, is $25,383.63. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation — Attached CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI -0223-14 BUYER: LATIFAH JACKSON EXCAVATORS 1.0 Mini Excavator with 24" Bucket Purchase - Water 2.0 Mini Excavator with 12" Bucket Purchase - Water 3.0 Mini Excavator with 18" Bucket Purchase - Water 4.0 Mini Excavator 14.5 HP Lease Purchase - Gas 5.0 Mini Excavator 14.5 HP Purchase - Wastewater $221,674.00 Doggett Machinery Corpus Christi, Texas Qty Unit 1 EA $55,787.00 $55,787.00 1 EA $62,937.00 $62,937.00 1 EA $55,096.00 $55,096.00 1 EA $23,927.00 $23,927.00 1 EA $23,927.00 $23,927.00 $221,674.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase of Forklift CAPTION: Motion approving the purchase of one (1) Forklift from American Material Handling, Inc. Watkinsville, GA for the total amount of $58,863.00. The award is based on the lowest responsible bid in accordance with Bid Invitation BI -0226-14. Funding for the purchase of the forklift is available in Fleet Maintenance Services Fund in FY 2013- 2014. PURPOSE: The equipment will be used by Water Department at the O.N. Stevens Plant for lifting and loading materials. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: ❑Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.51 $7,805,535.51 Encumbered / Expended Amount $5,073,283.60 $5,073,283.60 This item $58,863.00 $58,863.00 BALANCE $2,017,258.90 $2,017,258.90 Fund(s): Fleet Maintenance Services Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI -0226-14 BUYER: LATIFAH JACKSON FORKLIFTS Qty Unit American Material Handling, Inc Watkinsville, GA 1 Doosan Model D705 FORKLIFT 15,500 lbs @ 24" load center EA $58,863.00 $58,863.00 $58,863.00 AGENDA MEMORANDUM City Council Meeting of September 16, 2014 DATE: August 29, 2014 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0771 Ext 1213 Establishment and Implementation of an Airport Zoning Commission STAFF PRESENTER(S): Name 1. Fred Segundo BACKGROUND: Title/Position Director of Aviation Department Aviation The Nueces County- City of Corpus Christi Joint Airport Zoning Board (JAZB) was established by City Council Ordinance in 1957 and was last active in 1987. Currently JAZB Airport Zoning regulations only address Airport Hazard Area Zoning Regulations. The presentation will provide information on establishing and implementation of an Airport Zoning Commission (AZC) that will recommend new Airport Hazard Area Zoning Regulations and Airport Compatible Land Use Zoning Regulations for areas adjacent to the Corpus Christi International Airport, NAS Corpus Christi, NALF Cabaniss and NALF Waldron. AZC will allow City Council to unilaterally adopt Airport Zoning Regulations inside City Limit and certain areas within the ETJ. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Establishment and Implementation of Airport Zoning Commission Proposed Schedule for AZC and new Airport Zoning Regulations Proposed Schedule For Airport Zoning Commission and new Airport Zoning Regulations 1. Presentation to City Council ❑ 9/16/14 Council Workshop 2. Presentation to Planning Commission ❑ 9/24/14 Meeting 3. Presentation to Board of Adjustment ❑ 10/1/14 Special Meeting (tentative date) 4. Presentation to Planning Commission ❑ 10/8/14 Meeting (if required) 5. Presentation on AZC, Ordinance repealing the City's Joint Airport Zoning Board (JAZB) Ordinance, and an Ordinance establishing the Airport Zoning Commission (AZC) ❑ 10/21/14 — Council First Reading ❑ 10/28/14 - Council Second Reading 6. AZC will recommend repeal of existing Airport Zoning Regulations (AZR) and recommend adoption of new AZR including new boundaries of zones to be established. AZC will recommend designating the City Board of Adjustment as the AZC Board of Adjustment and Development Services Department as the Administrative Agency and may also consider whether or not new AZR should be incorporated into the City's existing comprehensive zoning ordinance. ❑ 11/19/14 — AZC Meeting/Public Hearing (publish notice not later than 11/3/14) 7. AZC will hold Public Hearing and must publish the date of AZC Public Hearing not less than 15 days before a public hearing in an official newspaper or a newspaper of general circulation in each of the political subdivisions in which the airport hazard area or controlled compatible land use area to be zoned is located. a. City of Corpus Christi b. Nueces County c. San Patricio County ❑ 12/17/14 —AZC Meeting/Public Hearing (publish not later than 12/1/14) 8. City will hold Public Hearing on the adoption of new Airport Zoning Regulations based on AZC Final Report and must publish hearing notice not less than 15 days before a public hearing in an official newspaper or a newspaper of general circulation in each of the political subdivisions in which the airport hazard area or controlled compatible land use area to be zoned is located. City Council will repeal existing JAZB Airport Zoning Regulations and Military Airport Zoning Regulations and will adopt new Airport Zoning Regulation recommend by AZC that include appointing the City's Board of Adjustment as the Airport Zoning Board of Adjustment and the Development Services Department as the Airport Zoning Administrative Agency ❑1/13/15 — Public Hearing/Council First Reading (publish not later 12/26/14) ❑ 1/20/15- Council Second Reading CCIA CORPUS CHRISTI INTERNATIONAL AIRPORT Establishment and Implementation of Airport Zoning Commission (AZC) Council Presentation September 16, 2014 Authority for Establishing ACZ or JAZB CC! CORPUS CHRISTI INTERNATIONAL AIRPORT • Texas Local Government Code, Chapter 241: Municipal and County Zoning Authority Around Airports "Airport Zoning Act" • JAZB has the same power to zone as a political subdivision • AZC recommends zoning and City adopts the regulations • The political subdivision must establish by ordinance • Outlines composition, adopting and enforcing regulations • Options for establishing Admin Agency and Board of Adjustment • Allows zoning in ETJ for populations of more than 45,000 AZC versus JAZB CC! CORPUS CHRISTI INTERNATIONAL AIRPORT AZC • City acts unilaterally • Council appoints AZC • AZC appoints Chairman • Council appoints Admin Agency • Council appoints Board of Adjustment • AZC recommends and Council adopts Airport Zoning Regulations JAZB • Two or more political subdivisions required • Each political subdivision appoints two board members to JAZB • Appointed JAZB Members select Chairman • JAZB appoints Admin Agency • JAZB appoints Board of Adjustment • JAZB adopts Airport Zoning Regulations 3 AZC Proposed Structure CC! CORPUS CHRISTI INTERNATIONAL AIRPORT Corpus Christi City Council Council establishes AZC by ordinance Council appoints AZC Board of Adjustment and the Admin Agency by adopting Airport Zoning Regulations Airport Zoning Commission Administrative Agency Protides for Admin and Enforcement of Regs (Recommend Planning Commission) ( Recommend Development5ervkes Dept) Board of Adjustment Hears & Decides Appeals Hears & Decides Special Exceptions Hears &Decides Specific Variances (Recommend City's Zoning Board of Adjustanents) State District Court Hears Final Appeal from AZC Board of Adjustment AZC Flow Chart CC! CORPUS CHRISTI INTERNATIONAL AIRPORT Customer Customer Notified of Submits Approval Permit Approved Admin Agency Deniedjr Denied Requestfor Appeals, Special Exceptiars and Variant Airport Zoning Commission Could recommend a change to regulation City Council. Can approve or deny change to regulation Customer Notified of Approval Approved Board of Adjustments Denied Request far appeal State District Court 5 Airport Zoning Regulations CC! CORPUS CHRISTI INTERNATIONAL AIRPORT Two Type of Airport Zoning Regulations 1. Airport Hazard Area Zoning Regulations • To prevent the creation of airport hazards • structure or object of natural growth • interferes with systems for tracking, monitoring, or controlling aircraft. 2. Airport Compatible Land Use Zoning Regulations • Land adjacent to airport (Controlled Compatible Land Use Area) • Does not endanger health, safety, welfare of owners & land users • Levels of noise, vibration, personal injury, property damage • Caused by airport operations including takeoff and landing of A/C Cc -I A Controlled Compatible Land Use Area CORPun CFR 5T INTERNATIONAL AIRPORT 1.5 Miles 1 1.5 Miles 5 Mims Dimensions meaeured from each runway determine Controlled Area Controlled Area 7 r Controlled Compatible Land Use Area All Runway AIC Boundaries • ['name Legend Bulkeng Ten. rrm ai,id iµFalwwl DRAFT CC! CORPUS CHRISTI INTERNATIONAL AIRPORT MAP 1 8 Controlled Compatible Land Use Area High Use/Proposed Runway CC! CORPUS CHRISTI INTERNATIONAL AIRPORT `:' ;` ,X• AIL Bowedar! $ - Pverwew Legend e Building Type Cba, Zone �a i�i�4Pole,elal 65,85 a9 ]6719 9 Compatible Land Use Areas Reduced CC! CORPUS CHRISTI INTERNATIONAL AIRPORT 9i 4IF ca AZC Bcundanes • Overview L egend B uilding Ty, F.�nw.i iyni mo.wi DRAFT �,ea.xe.e - ,z,n11,e= B - B6. 76 dB dB 10 Implementation Schedule CC! CORPUS CHRISTI INTERNATIONAL AIRPORT • September 16th • September 24th • October 1st • October 8th • October 21th • October 28th • November 19th • December 17th • January 13th • January 20th Council Workshop Presentation Presentation to Planning Commission Presentation to Board of Adjustment Presentation to Planning Commission Council Presentation/First Reading on AZC Ordinance Council Second Reading on AZC Ordinance AZC Public Hearing on Airport Zoning Regulations AZC Public Hearing on Final Report Council Public Hearing/ First Reading on Adopting Airport Zoning Regulations Council Second Reading on Airport Zoning Regulations Ca! CORPUS CHRISTI INTERNATIONAL AIRPORT Questions? 12 AGENDA MEMORANDUM City Council Meeting of September 16, 2014 DATE: August 28, 2014 TO: Ronald L. Olson, City Manager FROM: Alyssa Barrera, Business Liaison AlyssaB@cctexas.com (361) 826-3356 Downtown Management District Update STAFF PRESENTER(S): Name Title/Position 1. Alyssa Barrera Business Liaison 2. 3. OUTSIDE PRESENTER(S): Department City Manager's Office Name Title/Position Organization 1. Terry Sweeny Executive Director Downtown Management District 2. 3. BACKGROUND: The City of Corpus Christi has an Interlocal Agreement with the Corpus Christi Downtown Management District for targeted services in the downtown area. LIST OF SUPPORTING DOCUMENTS: PowerPoint — DMD Update Downtown Management District (DMD) Update September 16, 2014 Presentation • Year to Date Highlights • Three Year Plan • 2014-2015 Service Plan • Questions Year to Date Highlights • Created DMD Clean Team • Developed Cleaning and Safety Partnership • Volunteer Programs • Construction Mitigation Services PP' Clean Team Benchmarks pin • 491 block faces swept/cleaned • 392 bags of debris and trash collected • 143 block faces weeded/ sprayed • 114 blocks faces of curbs painted • 51 customer contacts • 38 graffiti sites removed/painted over 4 Cleaning and Safety Partnership • Clean-up Week • Cleaning Standards • Security Partnership • Coordination • Recruitment Volunteer Programs Paint the Town Tuesdays • 97 volunteers • 291 hours • 160 block faces painted Construction Mitigation • Monthly stakeholder meetings • Address issues • Promote businesses • Consumer communications 3 Year Strategic Plan Process • Board Retreat • Public Input • Plan Creation Goals • Be Proactive in Greater Downtown Area • Reestablish DMD Credibility • Recruit Resources • Expand DMD services • Provide Programmatic Focus 3 Year Strategic Plan - Priorities 1. Create clean, safe, beautiful and accessible District 2. Develop and Improve Downtown 3. Market and Promote the District, the Businesses & DMD 4. Build a more effective, visible and proactive DMD organization 5. Make an accessible District with multi -modal mobility 6. Create, manage and build DMD events and support District Events 3 Year Strategic Plan - Next Steps • Finalize three year projections • Recruit partners (public/ private resources) • Finalize plan and present to stakeholders • Approve 2014-2015 service plan and budget 10 Questions? AGENDA MEMORANDUM City Council Meeting of September 16, 2014 DATE: TO: September 2, 2014 Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations Department tomtag©cctexas.com 361/826-3850 Workshop to develop state legislative policy priorities for 84th Regular Session of the Texas Legislature in 2015. STAFF PRESENTER(S): Name 1. Tom Tagliabue OUTSIDE PRESENTER(S): Title/Position Director Department Intergovernmental Relations Name Title/Position Organization None BACKGROUND: The City is being asked to develop a list of general guidelines and specific legislative proposals to advocate for and against during the 84th Regular Session of the Texas Legislature, which convenes on January 13, 2015, and adjourns sine die on June 1, 2015. It is best practice for the City to provide recommendations of legislative policies to support and oppose. Typically these policy items are brought to the Council several months before a new Legislature has convened. 84th Legislature Make Up There will be significant turnover in Texas Legislature in 2015, which could change the makeup, tenor, and tone of the decision making bodies. For the first time in more than 14 years, Texas will have a new governor in 2015. There will also be a new Lieutenant Governor, Attorney General, Comptroller of Public Accounts, and Commissioner of the Texas General Land Office — all leadership positions at agencies with which the City conducts business on a regular basis. In the Texas Legislature, there will be at least seven (more likely eight) new state senators out of 31 members (almost 23% turnover), Page 1 of 6 and potentially at least 23 new state representatives out of 150 members (about 15% new legislators with no experience). With the defeat or retirement of several moderate or mainstream Republican leaders in the Texas Senate and House, it is very possible that the already -conservative Texas Legislature could be an even more conservative body. Table 1. 84th Legislature Schedule Monday, November 10, 2014 Pre -filing of legislation for the 84th Legislature begins Tuesday, January 13, 2015 84th Legislature convenes at noon Attorney General, Comptroller, Land Commissioner, Agriculture Commissioner and Railroad Commissioner(s) sworn in Tuesday, January 20, 2015 Governor and Lieutenant Governor are sworn in Friday, March 13, 2015 Deadline for filing bills and joint resolutions other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor Monday, June 1, 2015 Last day of 84th Regular Session; corrections only in house and senate Sunday, June 21, 2015 Last day governor can sign or veto bills passed during the regular legislative session Monday, August 31, 2015 Date that bills without specific effective dates (that could not be effective immediately) become law Every session, thousands of bills are filed and many have the potential to either directly or indirectly impact the City, its programs and services, its citizens, the tax base, and community needs. An inordinate amount of effort and political capital are expended opposing bad or harmful legislation taking away from efforts to pass the City's actual priorities. Table 2. Legislative Activity and Impacts to Cities Session Number Year Total Bills Introduced* Total gills Passed City -Related Bills Introduced City -Related Bills Passed 73rd 1993 4,560 1,089 800+ 140+ 74th 1995 5,147 1,101 800+ 140+ 75th 1997 5,741 1,502 1,100+ 130+ 76th 1999 5,908 1,638 1,230+ 130+ 77th 2001 5,712 1,621 1,200+ 150+ 78th 2003 5,754 1,403 1,200+ 110+ 79th 2005 5,369 1,397 1,200+ 105+ 80th 2007 6,374 1,495 1,200+ 120+ 81st 2009 7,609 1,468 1,500+ 120+ 82nd 2011 6,303 1,410 1,500+ 160+ 83rd 2013 6,061 1,437 1,700+ 220+ *Includes bills and proposed Constitutional amendments; regular session only. Source: Texas Municipal League Page 2 of 6 The City's General State Legislative Policy (see Table 3 below) is used to guide the City's contract lobbyists and the Intergovernmental Relations Department in evaluating state and federal legislative proposals not covered by the City's specific legislative policy initiatives. TABLE 3. General State Legislative Policy The City and/or SUPPORTS legislation The City administrative OPPOSES legislation and/or administrative actions that: actions that: • Protect and enhance City revenues. • Undermine the principle of home rule and local control by the City. • Reduces or eliminates costs to the City. • Results in the loss of revenue or negatively impacts potential revenue growth to the City. • Support local control. • Diminishes the authority of cities to • Protects policies previously established by City leadership through the Charter, ordinances, resolutions, and master plans. • regulate and manage their growth and development. Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and • Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and master plans, unless such changes expand the City's ability to manage its own affairs. the Coastal Bend region through the Port of Corpus Christi authority, public schools, community colleges and universities. • Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. How the City Prioritizes State Legislative Policy Issues The City's IGR Department identified three levels of importance on state legislative issues, which the City Council selects for each of the state appropriations or policy recommendations. ✓ Priority — means the City will actively pursue and support/oppose the policy, including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. ✓ Actively Support/Oppose — means the City will aggressively attempt to influence passage/defeat of a measure if it is introduced by some other entity. ✓ Endorse — means the City will make its support or opposition known, but will not actively pursue the issue. Page 3 of 6 City's Internal Timeline for 84th Regular Session September 16, 2014 — City Council Workshop on Legislative Priorities September 29 -October 3, 2014 - TML Annual Conference — Mayor Nelda Martinez becomes President of TML. TML approves legislative policy priorities. October 15, 2014 — Future Agenda — Legislative Priorities Presentation October 22, 2014 — Adoption — Legislative Priorities Potential State Legislative Priorities in 2015 The City's legislative agenda for the upcoming 84th Regular Session of the Texas Legislature in 2015 could include the following: Transportation • Support the passage of new, long-term, sustainable funding sources for transportation infrastructure; and the dedication of existing revenue generated from taxes, fees, or receipts related to transportation to the maintenance, improvement and expansion of roads, rail and public transportation. • Provide cities and counties with additional local funding options and resources to address transportation needs that are not otherwise met by current funding sources or to offset any new transportation related costs or requirements by state or federal government. Examples could include gasoline tax, vehicle registration fee, an exemption of the sales tax cap, or other option. Appropriations • Appropriate adequate funding for the Fiscal Years 2016-2017 biennium for the State of Texas to partner with local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. • Appropriate $150 million in grant funding to Texas Military Preparedness Commission to assist defense communities with military value projects that enhance the installation's mission, improve operational efficiencies, and proactively address impacts from sequestration or other base realignment and closure activities that may happen in the future. • Appropriate funding to TxDOT and include specific riders in the General Appropriations Act for TxDOT securing funding for the construction of passing lanes for SH 361 between Corpus Christi and Port Aransas and for improvements to the Port Aransas ferry system. • Continue investing in Texas tourism promotion in the Governor's Office of Economic Development and Tourism Windstorm Insurance • Windstorm insurance reform that restructures the governing board of the Texas Windstorm Insurance Association (TWIA) to put consumers on equal footing with insurance company members; creates incentives to promote voluntary coverage Page 4 of 6 of windstorm and hail policies in the Texas seacoast; establishes a financial structure at TWIA that provides a stable, sustainable and affordable rate structure to be able to cover on an annual basis up to $4.3 billion in loss claims at TWIA, would cover a 1 -in -100 year storm; requires member insurance companies pay allowable assessments sooner; establishes a small statewide catastrophic storm fund to pay for excess losses, and structures a more financially beneficial re -insurance program. Tourism • Secure for Corpus Christi and Port Aransas an equitable two percent (2%) portion of the state's Hotel Occupancy Tax for Gulf and Bay beach cleaning, maintenance and coastal erosion exactly as already provided to other barrier island municipalities. • Maintain the existing public school start date, which is vitally important to the tourism economy of the Coastal Bend. Natural Resources • Change notice requirements for public oil and gas waste disposal permit applications in watersheds. • Amend Texas utilities code to allow municipalities to purchase energy wholesale from a co -generation facility to provide low-cost power for seawater desalination plant. • Amend statutes to eliminate impediments to development of water supply sources to meet the long-term needs of the State, whether it is through conservation, surface water, groundwater, aquifer storage and recovery, interbasin transfers, rainwater harvesting, or other strategies. Municipal Authority • Increase in the administrative change order authority from $100,000 to the larger of $500,000 or 5% of the base contract value. • Amend statutes to empower municipalities to regulate development of wind farms within a municipality's extraterritorial jurisdiction (ETJ). Higher Education • Support appropriation requests by Texas A&M University -Corpus Christi for: (a) capital projects (Life Sciences Research and Engineering Building and Arts and Media Building) whether funded through tuition revenue bonds or other sources, (b) $11.5 million exceptional item funding for the Lone Star Unmanned Aircraft System Center for Excellence and Innovation for engineering/computing support staff and research fellows critical to the continuing research and development and operation of the program, including support of command and control center operations, range management and operation, and increased test site programming efforts; (c) $3 million exceptional item funding for expansion of engineering Page 5 of 6 programs; and (d) $400,000 exceptional item funding for two staff positions and operational funding to support clients and the continued development of the Coastal Bend Innovation Center program. The City Council is tentatively scheduled to consider the City's legislative priorities in late October 2015. LIST OF SUPPORTING DOCUMENTS: Presentation Page 6 of 6 Legislative Priorities Workshop 84th Regular Session September 16, 2014 Key Dates Monday, November 10, 2014 Pre -filing of legislation for the 84th Legislature be • ins Tuesday, January 13, 2015 4 84th Legislature convenes at noon Attorney General, Comptroller, Land Commissioner, Agriculture Commissioner and Railroad Commissioner(s) sworn in Tuesday, January 20, 2015 Governor and Lieutenant Governor are sworn in Friday, March 13, 2015 Deadline for filing bills and joint resolutions other than local bills, emergency appropriations, and bills that have been declared an emergency by the • overnor Monday, June 1, 2015 Last day of 84th Regular Session; corrections only in house and senate Sunday, June 21, 2015 Last day governor can sign or veto bills passed durin • the re • lar le • 'slative session Monday, August 31, 2015 Date that bills without specific effective dates (that could not be effective immediatel become law City SUPPORTS State & Federal legislation which • Protects & enhances City revenues. • Reduces or eliminates costs to the City. • Supports local control. • Protects policies previously established by City leadership through the Charter, Ordinances, Resolutions or Master Plans. • Provides increased educational opportunities for the citizens of Corpus Christi and the Coastal Bend region by supporting its public schools, community colleges and universities. City OPPOSES State & Federal legislation which • Undermines the principles of Home Rule and Local Control. • Results in the loss of revenue or negatively impacts potential revenue growth. • Diminishes the authority of cities to regulate and manage their growth and development. • Nullifies or undermines the City's policies contained in existing provisions of the Charter, Ordinances, Resolutions and Master Plans - unless such changes expand the City's ability to manage its own affairs. • Imposes unfunded mandates that requires any expenditures by the City unless all costs are full reimbursed by the mandating governmental entity. Levels of Importance Priority — means the City will actively pursue and support/oppose the policy, including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. Actively Support/Oppose — means the City will aggressively attempt to influence passage/defeat of a measure if it is introduced by some other entity. Endorse — means the City will make its support or opposition known, but will not actively pursue the issue Policy Topics Transportation • Support the passage of new, long-term, sustainable funding sources for transportation infrastructure; and the dedication of existing revenue generated from taxes, fees, or receipts related to transportation to the maintenance, improvement and expansion of roads, rail and public transportation. • Provide cities and counties with additional local funding options and resources to address transportation needs that are not otherwise met by current funding sources or to offset any new transportation related costs or requirements by state or federal government. Examples: gasoline tax, vehicle registration fee, an exemption of the sales tax cap, or other options. Policy Topics Appropriations • Seawater Desalination — Appropriate adequate funding to partner with local project sponsors to implement one or more seawater desalination projects. • Appropriate $150 million in grant funding to Texas Military Preparedness Commission to assist defense communities with military value projects. • Funding for TxDOT for passing lanes for SH 361 and for improvements to the ferry system. • Continue investing in Texas tourism promotion in the Governor's Office of Economic Development and Tourism. Policy Topics Windstorm Insurance • Restructure the governing board of the Texas Windstorm Insurance Association (TWIA) to put consumers on equal footing with insurance company members; • Creates incentives to promote voluntary coverage of windstorm and hail policies in the Texas seacoast; and • Establishes a financial structure to cover on an annual basis up to $4.3 billion in loss claims at TWIA, would cover a 1 -in -100 year storm; requires member insurance companies pay assessments sooner; establishes a small statewide catastrophic storm fund, and creates a more financially beneficial re -insurance program. Policy Topics Tourism • Secure for Corpus Christi (and Port Aransas) an equitable two percent (2%) portion of the state's Hotel Occupancy Tax for Gulf and Bay beach cleaning, maintenance and coastal erosion exactly as already provided to other barrier island municipalities. • Maintain the existing public school start date, which is vitally important to the tourism economy of the Coastal Bend. Policy Topics Natural Resources • Change notice requirements for public oil and gas waste disposal permit applications in watersheds. • Amend Texas utilities code to allow municipalities to purchase energy wholesale from a co -generation facility to provide low- cost power for seawater desalination plant. • Amend statutes to eliminate impediments to development of water supply sources to meet the long-term needs of the State, whether it is through conservation, surface water, groundwater, aquifer storage and recovery, interbasin transfers, rainwater harvesting, or other strategies. 10 Policy Topics Municipal Authority • Increase in the administrative change order authority from $100,000 to the larger of $500,000 or 5% of the base contract value. • Amend statutes to empower municipalities to regulate development of wind farms within a municipality's extraterritorial jurisdiction (ETJ). Policy Topics Higher Education Support appropriation requests by TAMUCC for: (a) capital projects (Life Sciences Research and Engineering Building and Arts and Media Building) whether funded through tuition revenue bonds or other sources, (b) $11.5 million exceptional item funding for the Lone Star Unmanned Aircraft System Center for Excellence and Innovation; (c) $3 million exceptional item funding for expansion of engineering programs; and (d) $400,000 exceptional item funding for two staff positions and operational funding to support clients and the continued development of the Coastal Bend Innovation Center program. Questions/Discussion