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HomeMy WebLinkAboutAgenda Packet City Council - 09/15/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 15, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Rod Young, Church of Hope. C. Pledge of Allegiance to the Flag of the United States to be led by Jay Ellington, Director of Parks and Recreation. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-1015 Proclamation declaring September 13-19, 2015, "United States Constitution Week". Proclamation declaring September 17, 2015, "Mission of Mercy Mobile Medical Program Clinic Day". Commendation recognizing Carl's Flowers and the Muenzenberger Family for 43 years of dedicated service to the citizens of Corpus Christi and the Coastal Bend. Corpus Christi Page 1 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR 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: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If 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 officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 2. 15-1023 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. I. MINUTES: 3. 15-1016 Regular Meeting of September 8, 2015 Corpus Christi Page 2 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 Attachments: Minutes - September 8, 2015 J. BOARD & COMMITTEE APPOINTMENTS: 4. 15-1017 Committee for Persons with Disabilities Corpus Christi Convention and Visitors' Bureau Attachments: Committee for Persons with Disabilities.pdf Corpus Christi Convention & Visitors Bureau.pdf K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 5 - 13) 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. 5. 15-0933 Contract for 9-1-1 Location Data Management Motion authorizing the City Manager or his designee to execute a contract with Intrado Systems Corporation in the amount of $465,312.85 of which $27,954.25 for one time cost is required for the remainder of FY2014-2015 for 9-1-1 Location Data Management software and services. The term of the contract is three years with two automatic 12 month renewals. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Attachments: Agenda memo - Intrado 911 Location Data Management 09.08.2015 Contract - Intrado Location Data Mgt 6. 15-0937 Developer Participation Agreement to reimburse developer for the City's portion of extending Brockhampton Street located along Brockhampton, south of Saratoga Boulevard (SH 357) and east of Cimarron Resolution authorizing the City Manager to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $135,766.13 for the City's share of the Corpus Christi Page 3 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 cost to extend Brockhampton Street, in accordance with the Unified Development Code. Attachments: Agenda Memo - Bordeaux Place Resolution - Bordeaux Place Unit 4 combined Aerial Map - Bordeaux Place Unit 4 7. 15-0907 Engineering Construction Contract for Santa Fe Street from Elizabeth Street to Hancock Street (Bond 2014) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $1,240,447.35 for Santa Fe Street from Elizabeth Street to Hancock Avenue for the total Base Bid for a mill and overlay roadway with full depth repairs as required and recommended by the design engineer. (Bond 2014) Attachments: Agenda Memo - Santa Fe Project Budget - Santa Fe from Elizabeth to Hancock Location Map - Santa Fe from Elizabeth to Hancock BOND 2014 Presentation - Santa Fe 8. 15-0930 Second Reading Ordinance - Rezoning property located at 14333 Northwest Boulevard (FM 624)(1st Reading 9/8/15) Case No. 0815-01 Balusek-Frankson: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. Planning Commission and Staff Recommendation (August 12, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Balusek-Frankson on behalf of Fox Tree and Landscape Nursery, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 2.968 acres out of Lot 1, Encino Park, from the "FR" Farm Rural 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. Corpus Christi Page 4 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 Attachments: Agenda Memo - Balusek-Frankson Ordinance - Balusek-Frankson Zoning Report - Balusek Frankson Aerial Map - Balusek Frankson 9. 15-0951 Second Reading Ordinance - To allow golf cart operation on North Beach (1st Reading 9/8/15) Ordinance amending Chapter 53, Section 53-109 "Operation of golf cart" to allow golf cart operation on North Beach; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Attachments: Agenda memo - golf cart ordinance 09.08.2015 Ordinance - Operation of golf cart - NorthBeach 2015 10. 15-0833 Second Reading Ordinance - Amending City Code for Animal Care to modify dangerous dog regulations and to adopt tethering standards (1st Reading 9/8/15) Ordinance amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; Requiring security fencing and leashes for dangerous dogs; Establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Attachments: Agenda memo - animal care ordinance 09.08.2015 Ordinance - Modified Dangerous dog and tethering 9-1-15 11. 15-0954 Second Reading Ordinance - Accepting and appropriating grant funds for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (1st Reading 9/8/15) 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 $149,112 for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $149,112 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 09.08.2015 Ordinance - FY 2015 Edward Byrne Memorial Justice Assistance Grant - police Award - Report 12. 15-0791 Second Reading Ordinance - Joint -Use Agreement for Zavala Senior Center and Joe Garza Recreation Center (1st Reading Corpus Christi Page 5 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 9/8/15) Ordinance authorizing the City Manager or designee to execute a five-year Joint Use Agreement with WeIIMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue. Attachments: Agenda Memo - WeIIMed Charitable Foundation - City of Corpus Christi - Joint I Ordinance - WeIIMed Chaitable Foundation - City of Corpus Christi - Joint Use / Joint Use Agreement - WellMed Charitable Foundation 13. 15-0973 Second Reading Ordinance - Interlocal Agreement for Gap Analysis in programs and services for families and youth (1st Reading 9/8/15) Ordinance authorizing the City Manager or designee to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University - Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development; accepting and appropriating $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement; and changing the FY 2014-2015 Operating Budget adopted by Ordinance number 030294 to increase revenues and expenditures. Attachments: Agenda Memo - GAP Analysis approp Susan Ordinance - Gap Analysis - TAMU-CC Interlocal Agreement Attach - Itr of commitment PICC CM Report CCY and GAP Analysis Interlocal Agreement - Gap Analysis - TAMU-CC M. PUBLIC HEARINGS: (ITEM 14) 14. 15-0931 Public Hearing and First Reading Ordinance - Street Closure at Navigation Industrial Park, located west of N Omaha Drive and north of Agnes Street. Ordinance abandoning and vacating an undeveloped and unsurfaced 22,021 -square foot (0.51 acres) portion of a 60 -foot wide public right-of-way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County , Texas Tracts, and requiring the owner, Omaha Drive Capital Partners, LTD to comply with specified conditions. Corpus Christi Page 6 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 Attachments: Agenda Memo - Terminal Street Ordinance - Terminal Street including all exhibits Aerial Map - Terminal Street Presentation N. REGULAR AGENDA: (ITEMS 15 - 17) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 15. 15-0978 Collective Bargaining Agreement - Corpus Christi Police Officers' Association Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits and working conditions based on the Tentative Agreement Attachments: Agenda Memo - September 15 2015.3 Contract - CCPOA Final 16. 15-0991 Resolution in support of the proposed Barisi Village project Resolution in support of the proposed Barisi Village Project, which will result in the redevelopment of the vacant Pharaoh Valley Golf Course. Attachments: Agenda Memo - Supporting Barisi Village.docx Resolution - Supporting Barisi Village 17. 15-0837 Amending Type A Guidelines adopted in 2010 Resolution adopting amended Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives Attachments: Agenda Memo - Guidelines Resolution - Guidelines Draft Guidelines Amended Type A Guidelines 9-9-15 O. ONE READING ACTION ITEM: (ITEM 18) 18. 15-0936 Action item - Adopting the Fiscal Year 2016 Property Tax Rate Ordinance setting a property tax rate of $0.606264 per $100 valuation which is effectively a 9.37% increase over the effective tax rate; and declaring an emergency. Attachments: Agenda Memo - Ad Valorem Tax Rate - Adopting the 2016 Rate.doc Ordinance - Ad Valorem Tax Rate FY15-16 vFinal.doc Corpus Christi Page 7 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 P. FIRST READING ORDINANCES: (ITEM 19 - 21) 19. 15-0949 First Reading Ordinance - Adopting Proposed FY 2015-2016 Operating Budget Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning October 1, 2015; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Attachments: Agenda Memo - Adoption of FY 2015-2016 Operating Budget, 1st Reading Ordinance - FY 2015-2016 Budget Schedule of Amendments 20. 15-0956 First Reading Ordinance - Approving the Fiscal Year 2015 - 2016 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2015 - 2016 Capital Budget and Capital Improvement Planning Guide in the amount of $190,587,200. Attachments: Agenda Memo - CIP Budget Ordinance - CIP Budget Schedule of Adjustments - Attachment 1 Presentation - Fiscal Year 2015-16 CIP 21. 15-0986 First Reading Ordinance - Accepting and appropriating grant funds for Public Health Emergency Preparednes Laboratory Response Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the CPS -LABORATORY RESPONSE NETWORK-PHEP grant in the amount of $201,123, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide continued emergency preparedness and response laboratory activities for the contract period July 1, 2015, through June 30, 2016; and ratifying acceptance of the grant agreement to begin as of July 1, 2015. Attachments: Agenda Memo - LRN-PHEP Grant 7-1-2015 through 6-30-2016 Odinance - LRN-PHEP FY16 grant Grant Award - LRN-PHEP (2016-001139-00) 7-1-2015 to 7-1-2016 (Pending Cc Q. FUTURE AGENDA ITEMS: (ITEMS 22 - 28) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22. 15-0975 Proposed FY2015-2016 Parks and Recreation Fees Corpus Christi Page 8 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 Resolution adding new rental and recreational use fees for fiscal year 2015-2016 and providing for publication; effective date; and severance of the same. Attachments: Agenda Memo - FY16 New Fees Parks and Recreation Resolution w Exhibit A - FY16 P&R Fees Proposed Fee Schedule - Attach FY16 P&R Presentation - Parks & Rec New Fees and Fee Increases FY16 23. 15-0938 Authorizing an outside city limits water contract, located at 746 Mckinzie Road Resolution authorizing the City Manager or his designee to enter into an outside city limits water contract with Richard & Vicky Ranly to provide public water to their property located outside the city limits described as Rowena Shaeffer Lands, 21.00 Acres of Land out of a 100 Acre Tract out of B.S. & F., Lots 1 & 2; also commonly known by its street address as 746 Mckinzie Road under Section 55-111, Code of Ordinances. Attachments: Agenda Memo - 746 Mckinzie Rd OCL Water Contract Resolution - with Water Contract and Exhibit A Aerial Map - 746 Mckinzie 24. 15-0939 Professional Services Contract - Amendment No. 1 for the Ocean Drive Park Improvements - Swantner Park (Bond 2012) Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $113,900.00, for a total revised fee of $150,900.00 for Ocean Drive Park Improvements - Swantner Park, for design and bid phase services. (Bond 2012) Attachments: Agenda Memo - Swantner Park.docx Contract - Ocean Drive Park Improvements - Swantner Park.pdf Project Budget - Ocean Drive Park Improvements.xlsx Location Map - Swantner Park.pdf Presentation - Swantner Park 25. 15-0950 Engineering Change Order No. 1 for Navigation Boulevard from Up River Road to Leopard Street (Bond 2012) Motion authorizing the City Manager, or designee, to execute Change Order No. 1 to a construction contract as a final settlement with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $235,000.00 for the Navigation Boulevard from Up River Road to Leopard Street project. (Bond 2012) Corpus Christi Page 9 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 Attachments: Agenda Memo - Navigation Change Order Project Budget - Navigation with formulas Location Map - Navigation Boulevard (Up River Road to Leopard Street) Bond 2' Presentation - Navigation Street Project 26. 15-0965 Approval of Professional Services Contracts, Capital Programs Staff Augmentation Motion authorizing the City Manager, or designee, to execute Professional Services Agreements (PSAs) totaling in the amount of $2,596,695 to provide necessary staff augmentation to the Capital Programs Department. Attachments: Agenda Memo - Staff Augmentation 9-10.docx Presentation - Capital Programs Staff Augmentation REV.pptx 27. 15-0911 Upgrade Kronos Time Reporting System to Version 8 Resolution authorizing the City Manager, or designee, to execute a conversion implementation agreement and a 36 -month hosting services agreement with Kronos for a combined total of $366,421.78, ($118,394.76 annually for three years and a one-time cost of $11,237.50) to upgrade the existing Kronos time reporting system, with the hosting agreement to renew annually subject to sufficient appropriations and payment of hosting fees. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. Attachments: Agenda Memo - KRONOS Conversion Upgrade Resolution - KRONOS Conversion Upgrade Order Form - City of Corpus Christi - SaaS Conversion Terms and Conditions - City of Corpus Christi - SaaS Statement of Work Upgrad to v.8 - City of Corpus Christi - SaaS Conversion - N Statement of Work Educational Svcs. - City of Corpus Christi - SaaS Conversior 28. 15-1029 Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Services Department Motion authorizing the City Manager or designee to execute a consultant agreement with CliftonLarsonAllen LLP. (CLA) to assess the efficiency and effectiveness of the City of Corpus Christi Financial Services Department for an amount not to exceed $168,000. Funding is available in the Financial Services Department Budget for fiscal year 2014/2015. Attachments: Agenda Memo - Financial Services Assessment Scope of Work - Financial Services Assessment Presentation - Financial Services Assessment Corpus Christi Page 10 Printed on 9/14/2015 City Council Meeting Agenda - Final September 15, 2015 R. BRIEFINGS: (ITEM 29) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 29. 15-0967 RESTORE Act Attachments: Agenda Memo - RESTORE Act 091515 Presentation - RESTORE Act Briefing 091515 RESTORE -Act -2012 State Bucket 1 Priorities Timeline - City of Corpus Christi RESTORE ACT Bucket 1 RESTORE Framework City Submitted Projects to NOAA & NRDA Ehrenwerth RESTORE Presentation 082015 Baker RESTORE Council Listening Session letter S. LEGISLATIVE UPDATE: This item is 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. T. ADJOURNMENT Corpus Christi Page 11 Printed on 9/14/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 8, 2015 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 Father Paul Hesse, Pastor - St. Pius Catholic Church. Father Paul Hesse gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Saundra Thaxton, Assistant Director - Strategic Management. Mayor Martinez 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 verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring September 11, 2015, "9/11 Day of Service & Remembrance". Proclamation declaring September 1, 2015, "Childhood Cancer Awareness Day" and September 2015, "Childhood Cancer Awareness Month". Proclamation declaring September 8, 2015, "International Literacy Day" and September 2015, "International Literacy Month". Corpus Christi Page 1 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Mayor Martinez presented the proclamations. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: b. OTHER Mayor Martinez deviated from the agenda and referred to City Manager's Comments. Executive Director of Utilities Mark Van Vleck provided an update on the status of the water system. Mr. Van Vleck reported that a water boil notification was issued for three (3) areas with low chlorine levels. No E. coli has been found in the water system. The City made a change on Monday to an alternate water disinfectant for the entire water system. In an effort to improve chlorine levels and move water through the water system more quickly, the City of Corpus Christi has suspended the once -a -week watering restrictions. Mr. Van Vleck stated that if residents experience cloudy or discolored water as the chlorine is increased, they should flush faucets indoors and outdoors by opening for five (5) minutes to clear the water lines. If the water remains cloudy, Mr. Van Vleck advised that residents should contact the City to flush the system. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. Abel Alonzo, 1701 Thames, spoke regarding the "I Believe in Me Foundation" and encouraged the community to sponsor the organization to help children in our community. Jack Gordy, 4118 Bray, spoke regarding the palm trees located on Airline Road that are not in compliance with the Americans with Disabilities Act (ADA). Vernon Lucich, 449 Eldon, spoke regarding: trapping of feral cats and wild animals instead of Animal Care Services doing so and the condition of the streets. Manuel Garcia spoke in opposition to raising property taxes. Mr. Garcia also spoke regarding the streets being damaged by the Regional Transportation Authority's (RTA) buses. Rick Milby, 4412 High Ridge Drive, thanked the City Council for their service to the City and spoke regarding the following topics: cutting the budget; the City being in financial crisis; the issuance of debt; and in opposition to tax and water rate increases. Arthur Billings, 333 Clearview, spoke in opposition to increasing taxes. Kyle Pape, 1801 Hosea, spoke regarding the proposed tax increase; annual increases in assessed property values; and managing the City's budget. Rick Roberson, 315 Del Mar Boulevard, spoke regarding charges for utilities and city services, water conservation, and reducing the budget. Guadalupe Garcia, 5709 Park Street, requested an exemption from Code Enforcement for two (2) efficiency units located on his property. Rodney Paige, 1519 Leopard, commended the City Council, City Manager, and Police Department for their work with the homeless and spoke regarding caliche blowing onto his property due to the re-routing of RTA buses. Susie Luna Saldana, 4701 Hakel, spoke regarding the effects that raising water and tax rates will have on senior citizens and individuals on a fixed income. Greg Smith, 1746 Glenoak, provided an update on the Island Corpus Christi Page 2 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Strategic Action Committee's support of the 2nd draft of the Comprehensive Plan. Steve Monroe, 4017 Nichols, spoke in opposition to the proposed increase in ad valorem taxes and about street fees, and balancing the budget. Marty Martinez, 509 Ronson, spoke in opposition to the proposed tax increase and providing the public with more information on the City's website. Ken Baker, Rancho Vista Subdivision, commended the City Council for their service and spoke regarding the condition of the streets and the need for a gasoline tax. Mr. Baker recommended a moratorium on taxes until the next legislative session. Michael Vargas, 6737 Deerwood, spoke regarding the increase in taxes and water rates and code -related restrictions on citizens. Shirley Thornton, 1917 Woodcrest Drive, thanked the City Council for listening to the citizens and their decision to not continue the Citizens Collection Center - Flour Bluff/Padre Island as proposed. Ms. Thornton also spoke regarding the City being more transparent and making decisions that will provide a return on investment. Joshua Tijerina, 1413 Ray Drive, thanked the City Council for their service and the hard decisions they make for the City. Mr. Tijerina acknowledged the City's efforts to provide access to the City's budget information on the website and executive staff going out to inform the community. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez returned to City Manager's Comments. City Manager Olson introduced Executive Director of the Port Industries, Bob Paulison. a. INDUSTRIAL DESALINATION UPDATE 2. Port Industries of Corpus Christi Industrial Desal Update presented by Bob Paulison, Executive Director of Port Industries Mr. Paulison stated that the purpose of this item is to provide an update on the scoping study and evaluation being conducted by Port Industries of Corpus Christi. Mr. Paulison provided a background on the five different aspects of the study: the industry assessment, the scoping assessment, the development of desal in the region, site location, and cost for the delivery of water. Mr. Paulison presented the following information: the Port's interest in industrial desal, the industrial desal study partners, the concept, the scoping study, and the study milestones. BRIEFINGS: (ITEM 37) 37. Update on Desalination Projects Mayor Martinez deviated from the agenda and referred to Item 37. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to provide an overview of the City's current desalination pilot project and the relationship to and difference from the industrial desalination project. Mr. Van Vleck provided the following information: the increase in supply and demand projections; the City's Variable Salinity Desal Project and timeline; the industrial desalination feasibility study; and a comparison of the variable salinity pilot and the industrial desalination project. Council members spoke regarding the following topics: the possibility of Corpus Christi Page 3 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 I. MINUTES: 6. building two desal plants, one on the Ship Channel and one in San Patricio County; the decision point to consider possibly eliminating a potable desal plant; water rate increases due to the Mary Rhodes Pipeline; the pilot program for potable water; future conversations on blended rates and reuse; current demand projections; the need for desal in the area as an insurance policy to continue to have industry invest in the region; the impact on water rates; the water supply components; seawater desal being more predictable; the collaboration between the City of Corpus Christi and industry; the rate model and governance; data collection; the diversity of the water supply; future industrial demands; the cost to distribute non -potable water to San Patricio County customers; and pulling back on conservation efforts. Regular Meeting of August 25, 2015 and Special Meeting of September 1, 2015. Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member Rubio and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 7 - 19) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda Items. There were no comments from the public. Council Member Rubio requested that Items 10 and 18 be pulled for individual consideration. City Secretary Huerta announced that Council Member Magill would be abstaining on Item 10. A motion was made by Council Member McIntyre, seconded by Council Member Scott, to approve the Consent Agenda items. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 7. Engineering Construction Contract for the City Hall Fire Detection and Alarm System Motion authorizing the City Manager or designee to execute a construction contract with TBC Commercial Construction of Portland, Texas in the amount of $344,921.45 for the City Hall Fire Detection Corpus Christi Page 4 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 and Alarm System for the Base Bid with Deductive Alternate No. 1. This Motion was passed on the Consent Agenda. Enactment No: M2015-093 8. Engineering Construction Contract for the Museum Roof Replacement (Bond 2012) Motion authorizing the City Manager or designee to execute a construction contract with Haeber Roofing Company in the amount of $1,331,271 for the Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. This Motion was passed on the Consent Agenda. Enactment No: M2015-094 9. Engineering Construction Contract for JFK Causeway Area Improvements (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $1,271,906.13 for the JFK Causeway Area Improvements for the total Base Bid plus alternate 1. (Bond 2012) This Motion was passed on the Consent Agenda. Enactment No: M2015-095 11. Approve the FY2015-2016 HOME Program set-aside funds. Motion to approve the allocation of FY2015-2016 HOME Program set-aside funds to 911 Glenoak Apartments in the amount of $300,000. This Motion was passed on the Consent Agenda. Enactment No: M2015-096 12. Second Reading Ordinance - Rezoning property located at 5425 Old Brownsville Road (1st Reading 8/25/15) Case No. 0715-04 Peterson Properties, Ltd.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty Corpus Christi Page 5 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Peterson Properties, Ltd. ("Owner") by changing the UDC Zoning Map in reference to a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas (the "Property") from the "CG -2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030597 13. Second Reading Ordinance - Rezoning property at 1557 Waldron Road (1st Reading 8/25/15) Case No. 0715-05 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Corpus Christi Page 6 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030598 14. Second Reading Ordinance - Rezoning property at 401 Graham Road (1st Reading 8/25/15) Case No. 0715-06 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. The property is described as being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road. Planning Commission and Staff Recommendation (July 29, 2015): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change of zoning to the "CC" Commercial Compatible District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), by changing the UDC Zoning Map in reference to 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, from the "RM -1" Multifamily 1 District to the "CC" Commercial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030599 15. Second Reading Ordinance - Lease Agreement for Merriman-Bobys House in Heritage Park (1st Reading 8/25/15) Ordinance authorizing the City Manager or designee to execute a lease with Lindy Burns dba Youga Yoga Studio for the Corpus Christi Page 7 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 16. 17. 19. Merriman-Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030600 Second Reading Ordinance - Amending the City Code for "Motion Picture Event" to add Article III, Procedures, Guidelines and Fees for Commercial Filming (1st Reading 8/25/15) Ordinance repealing Chapter 53, Article VII, Section 53-208 "Motion Picture Event"; Amending the City Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by adding Article III, Procedures, Guidelines and Fees for Commercial Filming; Establishing the Corpus Christi Film Commission; Providing for severance; Providing for penalty; Providing for an effective date; and Providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030601 Second Reading Ordinance - Closing an undeveloped and unsurfaced public right-of-way, located west of Airline Road and north of Empire State Drive (1st Reading 8/25/15) Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030602 Second Reading Ordinance - Revision of Municipal Marina Boundary Contradiction in City Code of Ordinances (1st Reading 8/25/15) Ordinance amending City Code of Ordinances Section 2-260 regarding Marina Advisory Committee membership and Sections 2-264 and 12-40 regarding Corpus Christi Marina definitions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030604 10. Agreement for temporary tax abatement for the development located in the 6000 Block of Bear Lane Corpus Christi Page 8 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Resolution authorizing the execution of an agreement with Cameron International Corporation providing for temporary property tax abatement. Mayor Martinez referred to Item 10. Mike Culbertson, Corpus Christi Regional Economic Development Corporation, stated that the purpose of this item is to authorize the execution of a temporary property tax abatement with Cameron International Corporation. Mr. Culbertson said the project will add 40 new jobs and retain 177 jobs. There were no comments from the public. Council Member Rubio thanked Cameron International Corporation for developing their company in District 3. Council Member Rubio made a motion to approve the resolution, seconded by Council Member Rosas. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Magill Enactment No: 030596 18. Second Reading Ordinance - Ground Lease for Haas -Anderson Construction, Ltd. vehicle storage (1st Reading 8/25/15) Ordinance authorizing the City Manager or his designee to execute a five (5) year ground lease with Haas -Anderson Construction, Ltd for 3.89 acres out of a 25.06 acre tract formerly known as the Hala Pit Landfill located next to the City's vehicle impound yard off of Greenwood Drive and approving the cash rental fee of $9,600 per year from October 1, 2015, to September 30, 2020; providing for an effective date; and providing for severance. Mayor Martinez referred to Item 18. In response to a council member, Executive Director of Public Works Valerie Gray stated that there has never been a discussion with Haas -Anderson Construction, Ltd to purchase the property rather than lease. Council members spoke regarding the following topics: leasing the property is providing a general revenue; the property previously being a landfill; limited uses for the property; and the possibility of using the property in the future to expand the vehicle impound lot. There were no comments from the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Corpus Christi Page 9 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Enactment No: 030603 H. EXECUTIVE SESSION: (ITEMS 3 - 5) 3. 4. 5. Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association and/or Corpus Christi Police Officers' Association. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Interstate 37, State Highway 286, U.S. Highway 181, and existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to economic development agreements involving tourism -related development and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information that the governmental body has received from a tourism -related development business prospect(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect(s). This E -Session Item was discussed in executive session. City Secretary Huerta announced that Council Member Scott recused himself from the discussion on Item 5. FIRST READING ORDINANCES: (ITEM 28) 28. First Reading Ordinance - Joint -Use Agreement for Zavala Senior Center and Joe Garza Recreation Center Ordinance authorizing the City Manager or designee to execute a five-year Joint Use Agreement with WeIIMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Corpus Christi Page 10 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Avenue. Mayor Martinez deviated from the agenda and referred to Item 28. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to establish a public/private collaboration between the Parks and Recreation Department and WellMed Charitable Foundation for the operation and use of the Zavala Senior Center and Joe Garza Recreation Center to bring wellness to the community. Mayor Martinez called for comments from the public. Regina Torres Chapa, 1216 Florida, said she visited a similar center in San Antonio, Texas and is excited to support a fitness and wellness program for the community. Council members spoke regarding the following topics: relocating the seniors; improvements to the kitchen at the recreation center; improvements that will be made by WellMed; separation of the seniors from latchkey participants; and creating a healthy environment for seniors. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 M. PUBLIC HEARINGS: (ITEMS 20 - 23) 20. Second Public Hearing on Fiscal Year 2016 Ad Valorem Tax Rate Public Hearing on Fiscal Year 2016 Ad Valorem Tax Rate Mayor Martinez referred to Item 20. Assistant City Manager Wes Pierson stated that the purpose of this item is to hold the second public hearing on the proposed FY2016 ad valorem tax rate. The City of Corpus Christi is proposing a tax rate of $0.606264 per $100 valuation. Since this rate exceeds the effective tax rate, the Property Tax Code requires that two public hearings be held. The vote for the final adoption of the tax rate is scheduled for September 15, 2015. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing and read the following statement: "During the September 15, 2015 City Council meeting, beginning at 11:30 a.m. at City Hall, the City Council will vote on the proposed tax rate." In response to council members, Assistant City Manager Pierson provided an explanation of the effective tax rate and the 2.1 cent increase as a result of voter -approved bonds. 21. Public Hearing on Fiscal Year 2015-2016 Operating Budget Public hearing for the City of Corpus Christi Fiscal Year 2015-2016 Operating Budget for September 8, 2015 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Corpus Christi Page 11 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Street, Corpus Christi, Texas. Mayor Martinez referred to Item 21. Assistant City Manager Wes Pierson stated that the purpose of this item is to hold a public hearing for the proposed FY2015-2016 Operating Budget. Mr. Pierson provided a brief overview of the following information: the guiding fiscal principles; the total number of full-time equivalents; revenues; total expenditures by fund; the five-year property tax rates; the property tax rate distribution; highlights of the general fund and the internal service/special revenue funds; the projected change in fund balance for all of the funds; the sample water bills; other utility rates; a summary of the amendments; and future key dates. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: the property tax rate distribution; the actual fund balance for FY2015; an explanation of the water rate increases; the three components of the rate increase; concern regarding the recent water boil notices; the timeline and implementation process to separate storm water from the water rate; the inclusion of the annual water system burnout cost in the budget; including the increase in hotel occupancy tax for beach cleaning in the financial policies; a history of the general fund balance targets; the affect that the fund balance has on bond ratings; an explanation of restricted and unrestricted fund balances; the policy on purchase orders and manipulation of the system at fiscal year ends; increases to the fund balances; maintenance of buildings; pension funding and employee raises; technology improvements; and best practices. 22. Second Public Hearing to consider the proposed Municipal Services Plan for annexing 4.08 acres of land into the territorial limits of the City of Corpus Christi Local Government Code, Chapter 43.063(a) requires the City to conduct two public hearings prior to First Reading of an Annexation Ordinance. Mayor Martinez referred to Item 22. Director of Development Services Dan Grimsbo stated that the purpose of this item is to hold the second public hearing on the proposed annexation. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. 23. Public Hearing and First Reading Ordinance - Rezoning property located at 14333 Northwest Boulevard (FM 624) Case No. 0815-01 Balusek-Frankson: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. Planning Commission and Staff Recommendation (August 12, 2015): Corpus Christi Page 12 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Balusek-Frankson on behalf of Fox Tree and Landscape Nursery, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 2.968 acres out of Lot 1, Encino Park, from the "FR" Farm Rural 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 23. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow a commercial use, such as a self -storage facility. Mr. Grimsbo stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Council Member McIntyre and Council Member Scott Abstained: 0 N. REGULAR AGENDA: (ITEM 24) 24. Second Reading Ordinance - Adopting Utility Rates for FY 2015-2016 and FY 2016-2017 (1st Reading 8/25/15) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for publication and effective date of January 1, 2016. Mayor Martinez referred to Item 24. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to revise the water, gas, and wastewater rates. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on second reading and approved with the following vote: Aye: 5 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas and Council Member Scott Nay: 3 - Council Member Rubio, Council Member Rosas and Council Member Vaughn Corpus Christi Page 13 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 030605 O. FIRST READING ORDINANCES: (ITEMS 25 - 27 and 29) 25. First Reading Ordinance - To allow golf cart operation on North Beach Ordinance amending Chapter 53, Section 53-109 "Operation of golf cart" to allow golf cart operation on North Beach; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Mayor Martinez referred to Item 25. Mayor Martinez announced that she would recuse herself from this item. Interim Police Chief Mike Markle stated that the purpose of this item is to allow for the operation of golf carts on North Beach east of U.S. 181 and north of the Harbor Bridge. There were no comments from the public. Council members spoke regarding the following topics: golf carts being restricted from operation on the boardwalk; stipulations on the types of golf carts; and the requirement for drivers to hold a valid driver's license to operate a golf cart. Council Member Scott made a motion to approve the ordinance, seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 2 - Council Member McIntyre and Council Member Riojas Abstained: 1 - Mayor Martinez 26. First Reading Ordinance - Amending City Code for Animal Care to modify dangerous dog regulations and to adopt tethering standards Ordinance amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; Requiring security fencing and leashes for dangerous dogs; Establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Mayor Pro Tem Rubio referred to Item 26. Interim Police Chief Mike Markle stated that the purpose of this item is to amend Chapter 6 of the City of Corpus Christi Code of Ordinances regarding animal care. The changes to the ordinance include: definig secure enclosure; changing the collar and lease color for dangerous dogs; and tethering standards to better match the Texas Health and Safety Code. There was no comment from the public. Corpus Christi Page 14 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Council members spoke regarding the following topics: the definition of dangerous dog; classification of dangerous dogs based on incident and not breed; the Municipal Curt process through which a dog is deemed "dangerous"; the number of dogs allowed in a household; the labeling of collars to make citizens aware of a dangerous dog; tethering; the criteria for Animal Care to remove a dangerous dog; and the results of a situation presented at a previous public comment period regarding an owner's dangerous dog. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Council Member Riojas and Council Member Scott Abstained: 0 27. First Reading Ordinance - Accepting and appropriating grant funds for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 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 $149,112 for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $149,112 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 27. Interim Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate the 2015 Edward Byrne Memorial Justice Assitance Grant (JAG) Program grant. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Council Member Riojas and Council Member Scott Abstained: 0 29. First Reading Ordinance - Interlocal Agreement for Gap Analysis in programs and services for families and youth Corpus Christi Page 15 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 Ordinance authorizing the City Manager or designee to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University - Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development; accepting and appropriating $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement; and changing the FY 2014-2015 Operating Budget adopted by Ordinance number 030294 to increase revenues and expenditures. Mayor Martinez referred to Item 29. Assistant Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to execute an interlocal agreement with Texas A&M University - Corpus Christi for the development of a gap analysis study on youth services and to appropriate a $5,0000 donation from Port Industries of Corpus Christi. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 P. RECESS FOR CORPORATION MEETING: (ITEM 30) Mayor Martinez recessed the regular Council meeting to hold the annual meeting of the Corpus Christi Community Improvement (CCCIC) Corporation. 30. Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). The Corporation Meeting was held. Q. RECONVENE COUNCIL MEETING: Mayor Martinez reconvened the regular Council meeting. R. FUTURE AGENDA ITEMS: (ITEMS 31 - 36) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 34, 35, and 36. A council member requested information on Item 32. Corpus Christi Page 16 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 31. Contract for 9-1-1 Location Data Management Motion authorizing the City Manager or his designee to execute a contract with Intrado Systems Corporation in the amount of $465,312.85 of which $27,954.25 for one time cost is required for the remainder of FY2014-2015 for 9-1-1 Location Data Management software and services. The term of the contract is three years with two automatic 12 month renewals. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). The Motion was recommended to the consent agenda. 32. Developer Participation Agreement to reimburse developer for the City's portion of extending Brockhampton Street located along Brockhampton, south of Saratoga Boulevard (SH 357) and east of Cimarron Resolution authorizing the City Manager to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $135,766.13 for the City's share of the cost to extend Brockhampton Street, in accordance with the Unified Development Code. The Resolution was recommended to the consent agenda. 33. Engineering Construction Contract for Santa Fe Street from Elizabeth Street to Hancock Street (Bond 2014) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $1,240,447.35 for Santa Fe Street from Elizabeth Street to Hancock Avenue for the total Base Bid for a mill and overlay roadway with full depth repairs as required and recommended by the design engineer. (Bond 2014) The Motion was recommended to the consent agenda. 34. Resolution in support of the proposed Barisi Village project Resolution in support of the proposed Barisi Village Project, which will result in the redevelopment of the vacant Pharaoh Valley Golf Course. The Resolution was recommended to the consent agenda. 35. Collective Bargaining Agreement - Corpus Christi Police Officers' Association Motion authorizing the City Manager to enter into a collective Corpus Christi Page 17 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits and working conditions based on the Tentative Agreement The Motion was recommended to the consent agenda. 36. Amending Type A Guidelines adopted in 2010 Resolution adopting amended Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives The Resolution was recommended to the consent agenda. S. BRIEFINGS: (ITEMS 37 - 38) 38. Coastal Bend Mitigation Action Plan Annual Update Mayor Martinez referred to Item 38. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to present the annual report on the City's portion of the Coastal Bend Mitigation Action Plan. The City is required to provide an annual report to fulfill the requirements of the community rating system. Mr. Dimas presented the following information: a brief history of the Coastal Bend Mitigation Plan; an overview of the mitigation activities; and the status of the mitigation action items. Council members spoke regarding the following topics: the six (6) maintenance projects; the three (3) projects that have not been started; Sunfish Island; and the Storm Water Design Master Plan. T. POTENTIAL CHARTER AMENDMENT: (ITEM 39) 39. Discussion and possible action regarding the City Charter Amendment Process Mayor Martinez referred to Item 39. City Secretary Rebecca Huerta stated that at the last Council meeting on August 25, 2015, the City Council provided direction to present a timeline outlining the charter amendment process. City Secretary Huerta stated that staff has prepared two timelines for discussion and input. Timeline 1 - "Two Step" would include a charter amendment issue with the authority to levy property taxes to fund residential street reconstruction. Timeline 2 - "Three Step" would include a charter amendment for a binding referendum to fund residential streets. Council members spoke regarding the following topics: the difference between the two processes and their timelines; Charter related housekeeping items; the willingness of the City Council to define a specific amount to fund residential streets; appointments to the Charter Review Commission; development of a plan to present to the voters through town hall meetings; possible future legislation for a Gasoline Tax; having the Charter Review Commission and town hall meetings run parallel; alternatives to the creation of an Infrastructure Commission such as repurposing the Planning Commission or the Transportation Advisory Committee; using social media to receive input and Corpus Christi Page 18 Printed on 9/11/2015 City Council Meeting Minutes September 8, 2015 collect data from the community; creating the Infrastructure Commission as a ad hoc committee; the need for multiple funding streams; and the in-house and outside capacity to handle residential road reconstruction. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to move forward with Timeline 1, seconded by Council Member Garza and passed unanimously. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to bring back a resolution to structure the Infrastructure Commission, appointed by Council, as an ad hoc committee, seconded by Council Member Vaughn and passed unanimously. U. LEGISLATIVE UPDATE: V. ADJOURNMENT None. City Manager Olson clarified his comments regarding purchase orders during the discussion on Item 21. The meeting was adjourned at 8:10 p.m. Corpus Christi Page 19 Printed on 9/11/2015 City Of Corpus Christi COMMITTEE FOR PERSONS WITH DISABILITIES BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years CONTACT 1 Christina Aparicio (361) 826-3190 christinaapar@cctexas.com DETAILS COMPOSITION CREATION / AUTHORITY MEETS TERM DETAILS DEPARTMENT The Committee for Persons with Disabilities provides a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the City; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. Nine (9) residents of the city w ho shall be appointed by the City Council. The membership of the committee shall be composed of individuals w ith disabilities and representatives of agencies and organizations functioning w ithin the committee's area w ho are interested in the provision of services to persons w ith disabilities and others w ho are interested in the abilities and specific needs of persons w ith disabilities, subject to Council approval. The Human Relations Administrator, Director of Parks and Recreation, and Building Official shall serve as ex -officio non-voting members. The Chairperson of the Committee for Persons with Disabilities shall serve as an ex -officio voting member of the Human Relations Commission. Chapter 2, Article IV, Division 23, Code of Ordinances; Ord. No. 024364 (2/13/01). 1st Wednesday of the month at 3:00 p.m., City Hall, City Council Chambers. Two-year staggered terms. Human Relations LIST OF COMMITTEE FOR PERSONS WITH DISABILITIES MEMBERS September 15, 2015 Two vacancies with terms to 2/1/16 and 2/1/17. (Note: The Committee for Person with Disabilities is recommending the new appointments of Donnie Contreras and Dalia Gutierrez.) Board name lEl End date Position Alana Manrow David Ramos COMMITTEE FOR PERSONS WITH DISABILITIES Resigned District 5 3 2/1/17 Member COMMITTEE FOR PERSONS WITH DISABILITIES Resigned District 4 1 2/1/16 Member Mary Bustos COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 1 2/1/17 Member M. Bertha Romero COMMITTEE FOR PERSONS WITH DISABILITIES Active District 1 3 2/1/16 Member Mary Wambach COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 1 2/1/16 Vice -Chair Diana Ortega-Feerick COMMITTEE FOR PERSONS WITH DISABILITIES Active District 4 2 2/1/17 Member Abel Alonzo COMMITTEE FOR PERSONS WITH DISABILITIES Active District 5 2 2/1/17 Member Richard Balli COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 2 2/1/17 Chair Marshall Burns COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 1 2/1/16 Member Building Official COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A Ex -Officio, Non-voting Human Relations Administrator COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A Ex -Officio, Non-voting Parks and Recreation Director COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A 3/26/17 Ex -Officio, Non-voting CORPUS CHRISTI TX 361-961-4296 List of Committee for Persons with Disabilities Applicants September 15, 2015 District Em • lo er Work Address Mil ST. Work Phone James (T.C.) Chadden District 2 Retired Donnie Contreras Joe A. DeLaGarza Joe Luis DeLaGarza Tracy M. Ferezan Dalia Gutierrez Ernest Herrera Linda L. Lindsey Robert T. Trevino District 3 District 3 HEB District 3 3033 S. PORT AVE. CORPUS CHRISTI TX 361-883-6002 District 2 GOODWILL INDUSTRIES OF SOUTH TEXAS, INC. 2961 S. PORT AVE. CORPUS CHRISTI TX 361-884-4068 EXT. 126 District 1 CBCIL 1537 7TH ST. CORPUS CHRISTI TX 361-883-8461 District 5 WORKFORCE SOLUTIONS OF THE COASTAL BEND 520 N. STAPLES CORPUS CHRISTI TX 361-882-7491 EXT. 728 District 5 District 5 CORPUS CHRISTI ARMY DEPOT BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 12, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile James (T.C) Prefix Email Address Middle Initial Chadden a5" Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Retired WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress- Zip Code Work Phone tcmm1948@gmail.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Retired United States Army Veteran Formerly a Certified Appraiser/Home Inspector Broadmoor Senior Center Participant Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 67 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Donnie Prefix Email Address Middle Initial Contreras Lasr. Naim Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Employer WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress-Zip Code Work Phone donniecontreras@gmail.com Work E-mail address Home/Pri mary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. (Previously served on the CFPWD) Education, Professional and/or Community Activity (Present) Master's Degree in Science and Education Crossroads Adaptive Sports in Victoria Forming Corpus Christi Rusty Hooks (In progress) Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 57 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Joe First Name Luis DeLaGarza Middle Last Name Initial Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Employer WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress-Zip Code Work Phone jdelagarza50@yahoo.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Volunteer for Beach to Bay Registered Voter? QYes 0 N Current resident of the city? • Yes Q No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Joe First Name A. DeLaGarza Middle Last Name Initial Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone HEB Employer 3033 S. PortAve WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress- State 78405 Loss Prevention Partner Job Title State Postal Code WorkAddress-Zip Code 361-883-6002 Work Phone joeangeldelagarza@yahoo.com Work E-mail address Home/Pri mary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Participates in Wheelchair Basketball Volunteers for HEB Community Functions Registered Voter? * Yes O No Current resident of the city? ii Yes O No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. I Ag re e Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jul 29, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Tracy First Name M. Middle Initial Ferezan Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1111111111m1111•11 11111MINININI Primary Phone Alternate Phone GOODWILL INDUSTRIES OF SOUTH TEXAS, INC. 2961 S. PORTAVE. CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78405 DIRECTOR OF MISSION SERVICES State Postal Code WorkAddress- Zip Code 3618844068 EXT. 126 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) HOMELESS ISSUES PARTNERSHIP BOARD MEMBER AT LARGE I CONDUCT RESUME WORKSHOPS AT THREE RIVERS FEDERAL CORRECTIONAL INSTITUTE. KEYNOTE SPEAKER FOR GED GRADUATION AT THREE RIVERS FCI (2013) ACTIVE MEMBER OF EMPLOYMENTALLIANCE FOR PEOPLE WITH DISABILITIES (EAPD) TEXAS REHABILITATIVE ASSOCIATION NETWORK TEXAS HOMELESS NETWORK Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 4 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 01, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Dalia First Name Middle Initial Gutierrez Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone INDEPENDENT LIVING CBCIL SPECIALIST Employer Job Title 1537 7TH ST. WorkAddress - Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78404 State Postal Code WorkAddress- Zip Code 361-883-8461 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME MARFA ISD IAM INVOLVED WITH OUR LOCAL 4H CLUB AND IAM A CATACHIST TEACHER WITH MY CHURCH. Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No If yes, how many years? GUTIERREZ.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) DALIA GUTIERREZ Education----_ ----- ----- ---------------------------------------- Texas A & M International University Laredo, TX Masters in Counseling Education August 2001 Texas A & M University College Station, TX BA m Psychology August 1993 Texas A & M International University Laredo, TX School Counselor Certificate (K-12) August 2001 GT United ISD Certification July 2000 Elementary Self -Contained (Gr. 1-8) May 1996 Elementary History (Gr. 1-8) May 1996 Work Experience Coastal Bend Center for Independent Living Corpus Christi, TX Independent Living Specialist Assist people with disabilities achieve their goals. Provide information to individuals regarding housing, home modifications and our ramp program Refer individuals to agencies in the community that may benefit the consumer Advocate for individuals that request for this service Confirm with Appraisal District that property ownership is valid Review property taxes and confirm that they are up to date Provide peer counseling and assist consumers in adjustments to a newly acquired disability Calallen ISD Corpus Christi, TX High School Substitute TCU[ her Provide students with a safe, well -monitored place of learning. Instruct students in a variety of subjects and assign homework as requested Administer classroom discipline Marfa Elementary Marfa, TX 4;6 and 5f.: Grade Teacher Provide students with integrated lessons on specific objectives as required by the state of Texas. Serve as a UM Coach and Director for the Art Contest. Work collaboratively with administrators and teachers, specifically the 4th and 5th grade teams, to provide students with a positive learning environment. Alpine Independent School District Alpine, TX Technical 11.'ricer Assist Business Manager in wasting up lob descriptions for employees of Alpine Independent School District. Assist Payroll Clerk in updating information relevant to teacher sick leave bank. Assist Business Manager and other Administrative Staff in a variety of duties as directed. Julia Bird Jones Muller Elementary School Laredo, TX Counselor Work collaboratively with teachers and adnunistrators to implement a guidance program that is appropriate to the lives of alI students. Establish strong ties with community agencies to ensure that all students have community resources available to them. Coordinate and develop various assemblies, presentations, and sessions for students, parents, faculty, and staff. Alicia Ruiz Elementary School Laredo, TX Music Teacher Provide all students with interesting and challenging musical opportunities. Provide students with the opportunity to participate in a choral group to expand their vocal abilities Provide students with the opportunity to participate in a recorder group to enhance their musical talents. Alicia Ruiz Elementary School Laredo, TX 1 Grade Teacher ■ Provide students with integrated lessons on specific objectives as required by the State of Texas. • Work collaboratively with administrators and teachers, specifically the 1st grade team, to provide students with a positive learning environment. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jul 26, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Ernest First Name Middle Initial Herrera Last Name Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111,111111111111 Primary Phone WORKFORCE SOLUTIONS OF THE COASTAL BEND 520 N. STAPLES CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78401 Alternate Phone JVLC.WLIJ I, VVIIN I VI— C.VIN IH T FOR PEOPLE WITH DISABILITIES State Postal Code WorkAddress- Zip Code 361-882-7491 EXT. 728 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) WORKFORCE SOLUTIONS REPRESENTATIVE FOR SOCIAL SECURITY PROGRAM; TICKET TO WORK, WORKING WITH PERSONS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE OR SUPPLEMENTAL SECURITY INCOME. MEMBER REPRESENTATIVE: EAPD (EMPLOYMENTALLIANCE FOR PEOPLE WITH DISABILITIES), CRCGA (NUECES COUNTY COMMUNITY RESOURCE COORDINATION GROUP -ADULT) (HOMELESS ISSUES PARTNERSHIP) RESOURCE FAIR, SECOND CHANCE JOB FAIR GOODWILL ANNUAL JOB FAIR Registered Voter? QQ Yes Q No Current resident of the city? •Yes QNo 22 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IX I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. I Agree Oath swear that all of the statements included in my application are true and correct. F (Agree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 02, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Linda First Name L. Lindsey Middle Last Name Initial Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Employer WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress-Zip Code Work Phone Work E-mail address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) RETIRED TEACHER/COACH (26 YEARS) - UNDERGRADUATE FROM TEXAS TECH UNIVERSITY 1985 UNDERGRADUATE PHYSICAL EDUCATION TEXAS A&M UNIVERSITY -CORPUS CHRISTI 1998 MASTER'S DEGREE IN EDUCATIONALADMINISTRATION 24 GRADUATE HOURS IN SPECIAL EDUCAITON - MY PASSION IS FACILITATING STUDENTS AND SPECIAL NEEDS PERSONS TO BE "THE BEST THEY CAN BE" THROUGH EDUCATION, SPORTS, RECREATION AND COMMUNITY INVOLVEMENT. HUSBAND IS RETIRED MILITARY CURRENTLY WORKING OVERSEAS. INVOLVED WITH 2ND BAPTIST CHURCH CC Registered Voter? QQ Yes Q No Current resident of the city? * Yes Q No 2 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: May 06, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Robert T. Trevino Prefix First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? AIRPORT BOARD\, COMMITTEE FOR PERSONS WITH DISABILITIES\, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Suite or Apt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. VIMMINNIN Primary Phone Alternate Phone CORPUS CHRISTI ARMY SUPERVISOR/DIRECTORATE DEPOT OF MFG./PROC. PRODUCTION Employer Job Title WorkAddress - Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WorkAddress - State State Postal Code 78419 WorkAddress- Zip Code 361-961-4296 Work Phone Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF INCARNATE WORD ACADEMY. B.S. IN PROFESSIONAL AERONAUTICS (EMBRY RIDDLE AERONAUTICAL UNIVERSITY). RETIRED UNITED STATES ARMY (AIR TRAFFIC CONTROLLER). Registered Voter? Yes Q No Current resident of the city? * Yes O No 9 If yes, how many years? TREVINO.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. IAgree Oat h swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCE AND HISTORYADVISORYBOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * [ K - 12 Education E Higher Education E Business Community E Friends of the Museum Nominee 05/05/2014 20:26 3619614444 Avnllnbility: Work Experience: Job Type Permanent, Term. Internships Work Schedule: Full -Time. 5hifl Work Corpus Christ, Army Depot 3Olt Crecy Street Corpus Christi, TX 70414 United Stolid Suits; 114116 Poy Plan: WS Garde; 6 01120* • Preterit Haunt per +neck: 40 Supervisor (This is n federal job) Dulles, Accomplishment■ and Related Skills: Serves as a Supervisor of fourteen emptnyces in the repair and refurhrthr ng of aircraft component containers Plans use ofsuhnrdrnnIcworkers equipment, facilities. and mtlet:als con wcck-to•week or month-to-month basis, establishes deadlines, pdnrrlica, and work sequences, and plans work n ssignments based an man! work schedulco. methods nod policies set by higher level management. nt mitered, coordinates work with s mooning nr relaied work functions controlled by other supervisors Assigns work to employees Observes work 'n progress, investigates work rimed prob'ems (e,g, low productivity, workload imbalance, space rearrangement. and nequisisron nr development of apeemlieed untie ete ), and determiner emacs. implements corrective senora wuhin the authority In resolve work prob`cm. resolves stnnnn, engineering requirements. and work operations problcnis Recommendsofuuonst crnrdimaim, problems between wort,. opera nnand other production in support nrganirntont to include request I'nr suppnrt services from lint and/or stnff operetrorrs (e g Production Control). Plan and cslnblish overall leave schedules. Counsel employees on performer ce, Pmmotc n pusitvc work environment for all employees. Supervisor Fred Meknes, (361.6460) Okay to contact ibis Cnpervlvpr Yes U. S. Army Anncd Forces Pacific Korea. Republic of Cp Humphreys, South Koros 0113004 - MOOS Salary: 42.000 00 USD Per Year !!aura per week: 40 Air Traffic 1 imen/Pinionn Sergeant Duties, Accomplishments and Related Skills: Supervised over nn orgnniznliunnl segment of the t:n t and was responsible In planning and directing work opciatioia and exercised nilmimsuadve authority Regarded at the lop subject mnncr =pen for the trndet and occupations in the nrganrrntioual unit under the incumbents supervision. perform Way duties and functions to support citric Army Safety Program, rind the inicquniinn of risk management into tlic Army processes Planned use o t'subordinntc workers' equipment, facilities, and msteruls on a week to week or month to month basis Esinblished iteadhnes, prinnt'es. and work sequences, and plane work assignments based on genet iI worn a:kwdulea, methods. and policies tet by higher INel management Corned out range control duties to ensure rhe safe conduct of taming in aorordarcc with Bth Amy rcitulnnnna, pnlrcics, enc pmcedures. Supervisor Cpt. Kevin C. Mi I I i h 11753.6754} Okay Ie contact this Supervisor: Yet 1). S. Army Ft Campbell, KY United States 1012 001 - 0311004 Salary: 40,000 00 USD Per Year /tours per week: 40 !Wire Tower Facility Chief Posits, Accomplishments end (feinted Skdts: Served ns a Facility Clues/Air frank Control Specialist (Terminati)nt Sabre Arany Helipnn Tnwer Respnnyrhfe for rhe tore, rrdcr:y and ewpcd.iirit now M. alrcnf nperuing in Salve Tower are* rtf ro.ptrnsihi1 qty. Ui41rcd tower radar and visual Right rules instrument flight Isles. spccinl and copier VFR res cffett acpmahnn hetwran nrrivinp, departing and cnronlc nir 1rnffic. Checked proposed route of Right for crossing dangerous or restricted arcus :old for ATC infnrmauon required rnr proper miry roto the ;onset contra:ling agency, Reecivcd and transmitted n1 we nher and solely warnings Alerted crash crew in the event of aircraft emereeneici. Maintained files on flying https://my.usajobs.gov/Applicant/Resume/ListResumes PAGE 03 Page 1 of 3 ECE MAY 062014 CIP(SECiEFA -_ - • 5/5/2014 05/05/2014 20:26 3619614444 regulation- informaunn publications. mod navigational sir information Maintained both Individual Plight Records Folder and tndivtdanl Aneeew Trninion Fnldcr IAW FM 1-300 and AR 93- I nested and updated the NOTAM file day Relayed weedier infnrmation as received from NAS Weather Office, etc, that could affect the flight. to include wencher wamings, ndvIsnnes, observations, and forcemrs. Provided OIT mama -non end gindnnee to trainee controllers involved rn epmtifiearrnn era ntng for their FAA C1'0 certificate Counseled soldiers on performance, set performance stnndnrds and made !email appraiul+ of subordinates' work performance Recommended soldiers for promotion and nr tenssignment. Reviewed job description for currency and nd:eurncy and made necessary changes Counseled soldiers on problems and aJlustcd infotmel complaints through discussion with the soldier initiated pommels for formol disciplinary action as needed Supervisor ionathAn R, Hldlock (635-2723) Okay to contact Ihis Supervisor: Ycs 11. S. Army Fon Rucker, AL 36362 United Starts 116/199/1- 0912001 511111ry 36,000 00 USD Pcr Yenr Noun per wick: 40 InstruelorM'nler Dude• Accamplinhmenls and Relaied Skills: Conducted college level inslructrnn for U 5. Army Av+nrnn Conte' rnstruetnutrntninp developers in Iho inslrue'erTraining Course +nd the Systems Approach to Training (SAT) Cnurse and using the SAT process in day to day aetivdies Graduated from the Middle Managers Coupe Fncililaled small gmup instruction for 5-6 students Pmv,ded Instruction to bout Mihaary and Civilian personnel, as well aa, foreign surdenis ass gncd to he instructora at the Army Aviation War fithler Center and obrnnd, Fvaluaied U S Army Avintion instructors for tltt instructor recognition program. Conducted reamer!. cd is iiennl stuffier and developed training materini its required Ode' aped and adjusted qualify central and inspection requirements. instruction'. methods techniques and procedures Rcsenrched new information, about subject; studied to etndfy and vnhdn[c result{ Collected, reviewed, evaluated, and interpreted dots Presernnt findings. optima. and recommendmi.rne. era bnefinj;s, sniff reports, projects, papers. ere Ptepnred roperm of discrepancies, fnllnwed up and implemented enIicchve action Reviewed. analyzed, and interpreted regulations, publicnhons and diretried pcmnerd to quality systema and technical work requirements Performs duties as a lead Trainer in preparing lesson plans, ;.pons and conduct,; qual,y audits Skill to developing and presenting wnnen and oral Icchmcnt and nontechnical Information Supervisor Craig A Allgood (235.1375) Okay to runnier this Supervisor Yes [I. S. Army Ft Wainwright. AK United Singes 0/1199G - 0511996 Salary: 36,000 00 USD Pct Ycnr flours per weds 10 Air Traffic Control $prrinliat Shin Leader Duties, Arromplinkmentt and Related Skills: Served as Air Traffic Control Speciahit fora Visual Flight Rule (VFR) lower and a Precision Approach Cnntml Radar Approach Alternately performed rndnr enntrni and lower responsihi!trice Was assigned rn other pos,i n ns of nttrntion as required- so include shift supervisor snd Iratn.ng supervnnr. Cnntmlled afrctAft tieing rrtdx. C111tinn5 prcdic alignment nflinth seareh and jaceis+on rndnr screens Fstnbhshed and mnintnincd positive radar identdicnl:oe ol'nircraf, issung turns and altitude so as to establish and maintain appropriate sepnrat.one Vectored aircraft to the final approach eoutsc by issuing glide path and Azimun information On final auptase, ensured drat aircraft heing veetnrcd remained wit .n the Airfields delerntcd nigpaee Considered rndnr equipment enpahi toes, aisemfts position, speed. and altitude in tcspxt to terrain clearance.. control towers rraffie density. prionucs, emergencies. weather and wind. bait cammumcatmn and loss radar procedures. how approach will terminate. and airfield ennd,tinns. Made decisions involving die order of departures and arrivals, dcs/gnattnn of active runway and possible simultnnenus use of runway and other landing arena 'Dirtied instructions and clearances to tirera0 operating in the lnwer't area or responsibility Considered the position, type. speed, direction, number and capabilities to airernft wishing to depart from nr'and of We nnpnn Considered the pnEcrn drrccnen. ct nditinn of runways, nnprneches .n progress- none nbatement requirements, wake twilit/lenge and traffic information. Mode dear ono involving the time and dirertial, rat dapatturas'nrrivnls. lamed limn/meat F'ight Rules r' Fit) clearances received PAGE 04 Page2of3 https://my.usajobs.gov/Applicant/Rcsume/ListResumes 5/5/2014 05/05!2014 20:24 3619614444 Frnm FA] Approach Control to provide mii I rcpaaUOnbetucen IFR aelval.Jdepattums rind haeween roc. ct ive vine! flight rote orrlvdddeparturce U. S. Army Fol Rocker, Al. 363d2 United Stet= 0617 919 - 03119 S Tari 32,000,00 USD Per Yeu Noun per 'mkt I0 PAGE 02 Page 3 of 3 City Of Corpus Christi CORPUS CHRISTI CONVENTION & VISITORS BUREAU BOARD DETAILS OVERVIEW it SIZE 13 Seats 7 TERM LENGTH 2 Years TERM LIMIT 6 Years � 1 Carmen Newton � Q (361) 881-1885 CONTACT cnewton@visitcorpuschristitx.org The Corpus Christi Convention &Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year-round; to promote the Cityas a year-round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention -related business in the Corpus Christi area; and to advise the Cityon projected growth of tourism and convention -related businesses to assist City planning efforts. DETAILS COMPOSITION Thirteen (13) members selected directly by the City Council. The members shall be representatives of the follow ing groups: 3 - hotel industry; 3 - attraction industry; 2 - restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex -officio non-voting members of the Board. In addition, the Council w ill appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex -officio advisory non-voting members. Appointments w ill be for two-year staggered terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. CREATION / AUTHORITY Motion No, 2006-209, 7/11/06; Motion No. 2006-243, 7/25/06; Motion No. 2010-282, 11/16/10; Motion No. 2013-028, 2/12/13; Motion No. 2014-155, 11/18/14. MEETS 3rd Thursday of every month, 12:00 p.m., Bay Building, 101 Shoreline, Ste. 430. TERM DETAILS Two-year staggered terms. DEPARTMENT Convention and Visitors Bureau List of Corpus Christi Convention and Visitors Bureau Members September 15, 2015 Six (6) vacancies with terms to 10/1/16 and 10/1/17 representing the following categories: 1- Attraction Industry, 1- Restaurant Industry, 2 - At -Large and 2 - Hotel Industry. (Note: The Corpus Christi Convention & Visitors Bureau (CCCVB) is recommending the reappointments of Kaushik Bhakta (Hotel Industry), Angie Flores Granado (At -Large), and Rakesh Patel (Hotel Industry). They are also recommending the new appointments of Richard Glover (Attraction Industry), Brooke Senterfitt-Montes (Restaurant Industry), and Eduardo (Eddie) Garcia (At -Large) with alternates of Joe Schenk (Attraction Industry), Cathy Harrison (Restaurant Industry), and Ed Cantu (At -Large). The CCCVB is required to submit at least two names for consideration.) Kaushik "Sheik" Bhakta CORPUS CHRISTI CONVENTION Daniel Dain CORPUS CHRISTI CONVENTION Toby Hammett Futrell CORPUS CHRISTI CONVENTION Angie Flores Granado CORPUS CHRISTI CONVENTION Rakesh "Rick" Patel CORPUS CHRISTI CONVENTION Michael Womack CORPUS CHRISTI CONVENTION & VISITORS BUREAU Seeking Reappointment Other / Non -Resident 2 10/1/15 & VISITORS BUREAU Met the six-year term limitation District 4 3 10/1/15 & VISITORS BUREAU Resigned District 4 2 10/1/16 & VISITORS BUREAU Seeking Reappointment District 2 2 10/1/15 & VISITORS BUREAU Seeking Reappointment District 4 2 10/1/15 & VISITORS BUREAU Met the six-year term limitation District 5 3 10/1/15 Hotel Industry Chair 100% 11/11 Restaurant Industry At -Large At -Large Hotel Industry Attraction Industry 64% 7/11 (4 exc.) 73% 8/11(3 exc.) Jason Rodriguez CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active District 4 1 10/1/16 Restaurant Industry Ken Griffin CORPUS CHRISTI CONVENTION James "Jim" Needham CORPUS CHRISTI CONVENTION Terri Adams Darcy Schroeder James Kunau & VISITORS BUREAU Active & VISITORS BUREAU Active CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active Other / Non -Resident 2 10/1/16 District 4 2 10/1/16 Other/ Non -Resident 1 10/1/16 District 2 2 10/1/16 District 5 1 10/1/16 At -Large At -Large Attraction Industry At -Large Attraction Industry Chair Elect Melody Nixon -Bice CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active District 5 1 10/1/17 Hotel Industry Terry Klinger CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active N/A RTA representative Ex -officio, non-voting Nelda Martinez CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active N/A Mayor Ex -officio, non-voting Patricia Cardenas Fred Segundo CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active N/A Port of CC representative N/A C.C. International Airport Ex -officio, non-voting Ex -officio, non-voting Ronald Olson CORPUS CHRISTI CONVENTION & VISITORS BUREAU Active N/A City Manager Ex -officio, non-voting List of Corpus Christi Convention and Visitors Bureau Applicants September 15, 2015 Douglas Allison District 4 SELF-EMPLOYED At -Large 403 N. Tancahua St. CORPUS CHRISTI TX 361-888-6002 Ed Cantu District 5 ED CANTU INSURANCE AGENCY At -Large 7122 S. Stapels St. CORPUS CHRISTI TX 361-991-1493 Eduardo (Eddie) L. Garcia District 5 E.L. GARCIA INSURANCE ASSOCIATES/ NEW YORK LIFE At -Large 5218 Wooldridge Rd. CORPUS CHRISTI TX 361-854-4500 John Garcia District 1 COMFORT SUITES Hotel Industry 1814 Ennis Joslin Road CORPUS CHRISTI TX 361-991-7100 Richard Elton Glover Jr. District 5 TEXAS STATE AQUARIUM Attraction Industry 2710 N. Shoreline CORPUS CHRISTI TX 361-881-1321 Eugene C. Guernsey District 4 GENE GUERNSEY & ASSOCIATES INC. REALTORS At -Large 446 Robert Dr. CORPUS CHRISTI TX 361-993-8018 Cathy Harrison District 3 SELF-EMPLOYED Restaurant Industry 108 Peoples St. T -Head CORPUS CHRISTI TX 361-881-8503 Steve Keenan District 5 OMNI HOTELS AND RESORTS Hotel Industry 900 N. Shoreline Blvd. CORPUS CHRISTI TX 361-886-3545 Maria G Rodriguez District 2 FROST BANK At -Large 4215 S. Staples CORPUS CHRISTI TX 361-883-3621 Joseph B. Schenk District 4 ART MUSEUM OF SOUTH TEXAS (TAMU-CC) Attraction Industry 1902 N. Shoreline Blvd. CORPUS CHRISTI TX 361-825-3507 Brooke Senterfitt-Montes District 5 MOLE' Restaurant Industry 6042 SPID CORPUS CHRISTI TX 361-334-6081 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 15, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Douglas Prefix Email Address Middle Initial Allison Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone SELF EMPLOYED 403 N. TANCAHUA ST. CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78401 ATTORNEY Job Title State Postal Code WorkAddress- Zip Code 361-888-6002 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF AUSTIN COLLEGE AND ST. MARY'S SCHOOL OF LAW Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 38 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * n Hotel Industry (� Attraction Industry n Restaurant Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Ed First Name Middle Initial Cantu Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Ed Cantu Insurance Agency Employer 7122 S. Stapels St. WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress- State 78413 Owner Job Title State Postal Code WorkAddress- Zip Code 361991-1493 Work Phone eddcan2@gmail.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA from TAMU-CC. Certified Corpus Christi Tourism Ambassador, Greater Corpus Christi Hospitality Association Board Director, Corpus Christi Chamber of Commerce Board Director, President -Elect of TAMUCC National Alumni Association, TAMUCC Islanders Athletic Fund Board Director, Leadership Corpus Christi Alumni Board Member. "I'm Good Enough, I'm Smart Enough and gosh darn -it, people like me." Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 53 If yes, how many years? Ed Cantu Bio Au• 2015.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Prefer not to Answer Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * n Hotel Industry (� Attraction Industry n Restaurant Industry Who is Ed Cantu? Ed Cantu Ed Cantu Ed Cantu is a 5th Generation Corpus Christian who loves his community and understands the importance and the economic impact of a strong, growing Convention and Tourism Industry. Ed Cantu is a top performing veteran Insurance Agency owner of 30 years with numerous achievement and service awards who represents some of the largest insurance companies in North America. Ed's Agency is highly recommended by his clients and his peers because he and his team members are knowledgeable agents with excellent customer service skills who know how to treat you right. He is one of the great insurance minds in the field and is constantly learning the newest information to pass along to his customers to help protect them better. Ed received his BBA from Texas A&M University -Corpus Christi in 1981. He and his wife Pam of 22 years are active in their community with Church and organizations like March of Dimes and The Coastal Bend Emmaus Community. Ed is an Alumni of Leadership Corpus Christi (Class Zero and 43) and currently serves on many influential boards including: The Corpus Christi Chamber of Commerce, Director. The Greater Corpus Christi Hospitality Association, Director. Leadership Corpus Christi Alumni Association, Director. The Texas A&M University -Corpus Christi Athletic Foundation. The TAMUCC National Alumni Association, President -Elect. Ed is also an active member of the Corpus Christi Association of Realtors where he serves on the Governmental Affairs Committee and Public Relations Committee. He also serves on the Builders Association Corpus Christi Area Governmental Affairs, and Membership Committee and has served on the BACCA Board as a Director in 1996 and as the BACCA Board Treasure in 2006. Ed is a member of the National Academy of Best -Selling Authors where he won a "Quilly Award" for his contribution to world famous business development expert Bryan Tracy's book "Change Agents". NATIONAL ACADEMY OF BEST -SEL LINGG : AUTHORS* BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 28, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Eduardo (Eddie) First Name L. Garcia Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone E.L. Garcia Insurance Association/New York Life Owner/Agent Employer Job Title 5218 Wooldridge Rd. Corpus Christi WorkAddress - City TX WorkAddress- State 78413 State Postal Code WorkAddress- Zip Code 361-854-4500 Work Phone elgarcial©sbcglobal.net Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) See attached resume. Registered Voter? • Yes No Current resident of the city? • Yes QNo If yes, how many years? Eduardo_Garcia_Resume. pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * n Hotel Industry (� Attraction Industry n Restaurant Industry Experience Profile of Eduardo (Eddie) L. Garcia PROFESSIONAL EXPERIENCE September 1990 to Present E. L. Garcia Insurance Associates/New York Life, Owner, Agent Corpus Christi, Texas Associated with New York Life and various insurance companies in sale of Life Insurance, Health Insurance, Annuities, and Mutual Funds. Design employee benefit plans for counties, school districts, and private sector companies. Assist in administration of section 125 cafeteria plans. Provide small business insurance, retirement planning and estate planning. July 1979 to Aug. 1990 April 1978 to June 1979 March 1975 to April 1978 April 1974 to Feb. 1975 EDUCATION G&G Glass Company, President Corpus Christi, Texas Magee Glass Company, General Manager Corpus Christi, Texas Union Carbide Corp., Production Superintendent Brownsville, Texas Corning/Components Inc., Production Supervisor El Paso, Texas 8/03 Chartered Life Underwriter (CLU) The American College Bryn Mawr, Pa 12/78 Master's Degree in Business Administration. Pan American University Brownsville, Texas 7/70 B.S. Degree in Electrical Engineering. Texas A&M University College Station, Texas E. L. Garcia - Resume - Page 2 MILITARY EXPERIENCE NAVY SUPPLY CORPS OFFICER October, 1970 to December, 1973 LTJG; Honorable Discharge; Cleared Secret Awards: Combat Action, Navy Unit Commendation, Vietnam Service, Vietnam Campaign, National Defense Ribbon. APPOINTMENTS/AFFILIATIONS Corpus Christi Rotary Club * 1984- Present *2003-2004 President *2004-2009 District Rotary Youth Leadership Awards Chair *2007 Wheelchairs for Peace Chair *2008 Chair, Harvey Weil Sportsmen Conservationist Dinner Corpus Christi Hispanic Chamber of Commerce * 2015 Chair * 2011- Present * 2013 Treasurer Texas A&M University *Chancellors Century Council Member (1999-2006) *Association of Former Students Area Representative 1990 *Association of Former Students Century Club Member *Capturing the Spirit Campaign *Twelfth Man Foundation Nueces County A&M Club * President 1983 *Aggie of the Year Award 1990 Corpus Christi Chamber of Commerce *1981-1984, 1986-1987 Board of Directors Texas State Aquarium * 1999 -Present Board of Trustees * 2005 President Buccaneer Commission *1998- Present *2008-2010 Chairman, Goveming Board United Married Couples 1980-2000 *Past President Corpus Christi Mustangs Nueces River Authority Board *2002-2008 *Second Vice President Corpus Christi Storm Water Management Advisory Committee *1998-2001 SBA Advisory Council Region VI Private Industry Council - 1983-1987 National Hispanic Leadership Conference, 1985 Goodwill Ambassador to Israel Corpus Christi Association of Insurance and Financial Advisors Coastal Bend Association of Health Underwriters -Board Member Million Dollar Round Table, Life and Qualifying Member PERSONAL DATA Married 42 years Berta L. Garcia, Retired Schoolteacher CCISD Three Daughters: Rebecca L. Texas A&M, Class of 1998 Rosella L. Texas A&M, Class of 2000 Rubiana L. Texas A&M, Class of 2003 Most Precious Blood Catholic Church *37 Year Member and Usher BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix John Garcia First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU\, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION\, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY\, TRANSPORTATION ADVISORY COMMISSION 111111111111111111110 Street Address Suite orApt City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111M111111111111 11111111111111111111.11 Primary Phone Alternate Phone COMFORT SUITES Employer 1814 ENNIS JOSLIN ROAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State DIRECTOR OF SALES Job Title State Postal Code 78412 WorkAddress-Zip Code 361-991-7100 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? •Yes QNo Current resident of the city? QYes QNo 38 If yes, how many years? GARCIA.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. IX IAgree Oath swear that all of the statements included in my application are true and correct. • IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * n Hotel Industry [ Attraction Industry n Restaurant Industry Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) • Yes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes QNo JAN -06-2015 06:44 From: To:8263113 John Garcia John Garcia has been active in the hospitality industry for 19 years. 13o Christi, Garcia's first opportunity- arose when he started at the Rama Conference Center in 1997. This experience adds supplemental familia sales, hospitality, and strong community involtiement. During his first 6 y he became a member of numerous organizations: Corpus Christi Ch (Ambassador), Corpus Christi Hispanic Chamber (Embajador). Hospi Association (Vico President. 2004) (HSMA Member of the Year 2004 Festival (Committee member) Dress for Success Volunteer; Transportatio Board member; NAACP Banquet Committee member. Corpus Christ Association member, Girl Scouts of South Texas; Westside Business As the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the Carnegie. Garcia's experience as Sales Manager gave him an opportunity industry. In June 2003. he became Director of Sales & Marketing at the R Hotel on McBride Lane and Interstate 37. In April 2005 an opportunity Christi Convention Visitor Bureau as Destination Sales Manager for the s for the city. Is currently Director of Sales for a couple hotels in the great • John holds a great appreciation for the power of community, and his cant support is evident in his work performance Page:2'6 and raised in Corpus a Inn Bayfront & ity with conventions ars at the Ramada Inn, ber of Commerce city Sales Marketing . and Harbor Lights Advisory Committee Greater Hospitality ociation member and estigious Dale o advance in the hotel ada Limited Airport arose at the Corpus orts & Mexico market r Corpus Christi area. nued involvement and BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Richard Elton Glover Prefix ii :t Baine Middle L.a NF.Jr.e Initial Email Address J r. Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111=11111111 1111M11111111111111 Primary Phone Alternate Phone TEXAS STATE AQUARIUM CHIEF MARKETING OFFICER 2710 N. SHORELINE CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78402 State Postal Code WorkAddress- Zip Code 361-881-1321 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) CORPUS CHRISTI CVB MARKETING COMMITTEE CHAIR (2014/2015); CORPUS CHRISTI CVB MARKIETING AND ATTRACTIONS COMMITTEE AND WEBSITE TASK FORCE; CITY OF CORPUS CHRISTI CERTIFIED TOURISM AMBASSADOR; ASSOCIATION OF ZOOS AND AQUARIUMS (AZA) MARKETING COMMITTEE AND SAFE TASK FORCE COMMITTEE MEMBER AND MARKETING COMMITTEE COMMUNICATIONS SUBCOMMITTEE CHAIR; EDUCATION: TEXAS CHRISTIAN UNIVERSITY-B.S. IN PSYCHOLOGY, MAY 1991; UNIVERSITY OF TEXAS AT AUSTIN - CERTIFICATE: NONPROFIT MANAGEMENT (AMERICAN SOCIETY OF ASSOCIATION EXECUTIVES ESSENTIALS IN NONPROFIT MANAGEMENT PROGRAM) Registered Voter? • Yes Q No Current resident of the city? • Yes Q No 2.5 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. FI IAgree Oath swear that all of the statements included in my application are true and correct. IX (Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Attraction Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jul 10, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Eugene C. Guernsey Prefix Middle L Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU\, PLANNING COMMISSION Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone GENE GUERNSEY& ASSOCIATES INC. REALTORS PRESIDENT/BROKER 446 ROBERT DR. CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78412 State Postal Code WorkAddress-Zip Code 361-993-8018 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Registered Voter? • Yes No Current resident of the city? • Yes QNo 52 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * n Hotel Industry (� Attraction Industry n Restaurant Industry Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes Q No BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Cathy First Name Middle Initial Harrison L mT Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone self Employer 108 Peoples St. T -Head Corpus Christi WorkAddress - City Texas WorkAddress- State 78401 owner Job Title State Postal Code WorkAddress-Zip Code 361881-8503 Work Phone cathyharrison@harrisonslanding.net Work E-mail address Home/Pri mary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Arts & Cultural Commission Education, Professional and/or Community Activity (Present) BBA Registered Voter? • Yes No Current resident of the city? • Yes QNo 58 yrs If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Restaurant Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 26, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Steve First Name Middle Initial Keenan Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone OMNI HOTELS AND RESORTS GENERAL MANAGER 900 N. SHORELINE BLVD. CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78401 State Postal Code WorkAddress-Zip Code 361-886-3545 Work Phone Work E-mail address Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) B.S. OKLAHOMA STATE UNIVERSITY BOARD OF DIRECTORS - FISH FOR LIFE BOARD OF DIRECTORS - GCCHAADJUNCT PROFESSOR - DEL MAR COMMUNITY COLLEGE Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 2 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Hotel Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jul 19, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Maria G Rodriguez Prefix First Name Middle Last Name Initial Email Address Suffix Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION\, CITY COUNCIL'S YOUTH ADVISORY COMMITTED, CORPUS CHRISTI CONVENTION & VISITORS BUREAU\, SISTER CITY COMMITTEE Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. VIMminni• Primary Phone Alternate Phone frost Employer 4215 S. Staples WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State Customer Service Rep Job Title State Postal Code 78411 WorkAddress- Zip Code 3618833621 Work Phone mrodrigu1665@gmail.com Work E-mail address Home/Primary Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on any. Education, Professional and/or Community Activity (Present) Graduated from Collegiate High School in 2013, committee member for Corpus Christi 7 Day Film Festival and clerical work for Janina Vela who was perviously working with Martin and Cunningham middle schools. Registered Voter? Yes Q No Current resident of the city? * Yes O No 20 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. IAgree Oat h swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * E Hotel Industry [ Attraction Industry E Restaurant Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 01, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Joseph Prefix Nay: e Email Address B. Schenk Middle Lag. i ar e Initial Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Art Museum of South Texas (TAMU-CC) Director 1902 N. Shoreline Blvd. Corpus Christi WorkAddress - City TX WorkAddress- State 78401 State Postal Code WorkAddress- Zip Code 361-825-3507 Work Phone joe.schenk@tamucc.edu Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I have just rotated off (due to term limits) from the City of Corpus Christi Arts and Cultural Commission Education, Professional and/or Community Activity (Present) BA- Museum Studies & Business Management, MA -Art Education Professional experience - 41 years in museum positions (eight museums in six states) Have been a CTA with the CVB, serve on the Worship & Arts Committee at First Methodist (Chaired the Committee for 3 years), represent the Art Museum on the S.E.A. District membership Active in the museum field - currently assisting as a committee member for the Texas Association of Museums with their 2016 Annual Conference planned for Corpus Christi, and am past president of the Mountain -Plains Museums Association (10 state regional organization) Registered Voter? Qi Yes O No Current resident of the city? (j) Yes QNo eight years in October If yes, how many years? Schenk_Resume_-_2015.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IX I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. I Agree Oath swear that all of the statements included in my application are true and correct. !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Attraction Industry RESUME - JOSEPH B. SCHENK 2015 • EDUCATION MMI Graduate: University of California, Berkeley, CA, 8th Annual Museum Management Institute, July 1986. Received a J. Paul Getty Trust scholarship. Master of Arts Degree: Ball State University, Muncie, IN, February 1979, Specialization in Art Education, Thesis Project - "An Exhibition of Twentieth Century American Art from the Collections of Indiana Colleges and Universities." Bachelor of Arts Degree: Huntingdon College, Montgomery, AL, August 1974, Double Major - Museum Staff Preparation (art) and Business Administration (with concentration in management), (Degree awarded May 1975). High School Graduate: Derby Senior High School, Derby, KS, May 1971, (college preparation & emphasis in art). • EMPLOYMENT EXPERIENCE 2007 to Present: Director - Art Museum of South Texas, located in Corpus Christi, Texas. (Private non profit museum affiliated with Texas A&M University - Corpus Christi, featuring collections of 1,500 works focused on the art of the Americas with special emphasis on Texas and surrounding areas including Mexico; Museum of 60,000 sq. ft. sits on Corpus Christi Bay and was designed by two internationally recognized architects - Philip Johnson and Ricardo Legorreta; staff of 20; extensive changing exhibitions and education programs. Responsible for all operations; University Department Head and Director for the private non profit Board.) Accomplishments: added 2 staff positions, gained national accreditation from AAM, developed a long range plan, implemented touring exhibitions and exchanges, secured successful Cafe contractor and renovated spaces. December 2003 to January 2007: Executive Director - Gilcrease Museum, located in Tulsa, Oklahoma. (City museum featuring major collections of over 400,000 works of art, artifacts, anthropological materials and archives pertaining to the Americas, 135,000 sq. ft. building and 23 acres of themed gardens, staff of 70, extensive changing exhibitions and education programs. Responsible for all operations, City Department Head and Executive Director for the private Thomas Gilcrease Museum Association. 1/2 of $4.5 million budget provided by City and 1/2 by Association.) Accomplishments include: added 11 staff positions; increased support by 11.5%; added over 1,100 works to permanent collection; oversaw the development of a program and facilities master plan for future expansion; implemented touring exhibitions from the collections; renovated and opened Gilcrease House as an education center; and coordinated development of a five year long range plan. September 1988 to January 2004: Director - Mobile Museum of Art, located in Mobile, Alabama. (City arts museum serving the Gulf Coast, 95,000 sq. ft. building and sculpture trails around the lake in City park, collection of 6,000 works, staff of 36, changing exhibitions, and education programs. Responsible for all operations, City Department Head and Director for the non profit organization. 1/2 of $2.5 million budget provided by City and 1/2 by non profit side.) Accomplishments include: developed facilities master plan; sought funds for and opened a $15.5 million expansion in 2002; built membership from 700 to over 3,000; gained AAM accreditation; added thousands of works to permanent collection; built professional staff; organized and traveled numerous exhibitions; and developed a strategic five year long range plan. June 1983 to September 1988: Director - Chattachoochee Valley Art Museum, located in LaGrange, Georgia. (Visual arts museum serving West Georgia and East Alabama, in restored and modernized 1892 County Jail Building of 8,700 sq. ft., 400 piece art collection, monthly changing exhibitions, and visual arts activities. Private, non profit.) October 1979 to May 1983: Joint Position - Executive Director of Okefenokee Heritage Center and Director of Southern Forest World, located in Waycross, Georgia. (General museum for art, history, science and technology, consisting of six buildings, steam train, and nature trails, on 22 acres; also forestry museum for the thirteen Southern states. While employed, completed and opened Southern Forest World. Both institutions are private, non profit.) October 1976 to October 1979: Executive Director and January 1976 to October 1976: Assistant Director - Alford HouselAnderson Fine Arts Center, located in Anderson, Indiana. (Arts Center with small permanent collection of art, changing exhibitions and performing and visual arts programs. Private, non profit.) August 1974 to December 1975: Exhibits Curator - Hunter Museum of American Art, located in Chattanooga, Tennessee. (Major Southeastern art museum with extensive permanent collection and changing exhibitions. Responsible for all phases of the exhibition program, operated downtown branch gallery and assisted during $2.5 million building expansion. Private, non profit.) September 1973 to August 1974: Part -Time Student Exhibits Aide - Montgomery Museum of Fine Arts, located in Montgomery, Alabama (Major City art museum with extensive art collections and exhibitions. Assisted/trained under the Assistant Director.) • RELATED PROFESSIONAL EXPERIENCE 2008 - present, Board Member, 2004 - 2007; Vice -President 2009 - 2001; President 2011- 2013, Mountain -Plains Museums Association. 1997 - present, Accreditation Team Member, American Alliance of Museums. 1996 - present, Museum Assessment Program Peer Reviewer, American Alliance of Museums. 2008 - present, Commissioner, City of Corpus Christi Arts & Cultural Commission. 2010 - 2013, Chairman, Worship & Music Committee and Church Council Representative, First United Methodist Church, Corpus Christi. 2008 - 2011, Advisory Committee Member, BoldFuture for the Costal Bend. 2006 Conference Chair, Mountain -Plains Museum Association's Annual Meeting in Taos, NM 2003 - 2004, Tourism Council, Mobile Area Convention & Visitors Bureau. 2003 - 2004, Trustee, Ashland Place United Methodist Church, Staff/Parish Relations Committee 2001- 2004. 2002 - 2004, Vice President, Southeastern Museums Conference, Treasurer 1998 - 2002. 1999 - 2003, Board Member, Mobile Area Museums Association, 1993 - 1995 President (first President). 1997 - 2003, Envision Mobile Baldwin - Recreation and Culture Committee, through Mobile United sub -committee. 1996 -1998, President, Alabama Museums Association, Vice Pres. 1994 -1996, Treasurer, 1994 - 1991. 1993 — 1998, Board Member, United States Sports Academy Art Museum. 1992 Board Member & Chairman/Recreation & Culture Committee, Mobile United. 1990 — 1993, Advisory Board Member - Alabama Center for Traditional Culture, Montgomery, Alabama. 1989 — 1996, Grant Panels - Alabama State Council on the Arts. 1989 — 1992, Board Member, Mayor's Christopher Columbus Quincentennary Executive Commission of Mobile. 1989 — 1990, Board Member, Mobile Arts Council. 1986 — 1990, Board Member, Troup 2000 Project, served as Vice -Chairman, Co -Chairman of Cultural and Historic Preservation Committee. 1986 — 1988, Board Member, Georgia Assembly of Community Arts Agencies (1987-88 Newsletter Editor). 2007, 2003, 1997, 1992-1990, 1988-1983, & 1979 Grants Reviewer - Institute of Museum and Library Services. 1985 — 1988, Executive Committee, Georgia Citizens for the Arts, Treasurer, 1987-88, Secretary 1986-87, Board Member, 1980-88. 1986 — Winter & Spring Quarters, Part-time Instructor, Art Department, University of West Georgia, Carrollton, GA. 1984 — 1986, State Tourism Conference Planning Committee Member, Tourism Division, Georgia Dept. of Industry & Trade. 1985 — 1987, President, West Central Georgia Tourism Association, (Treasurer in 1985) 1983 — 1986, Advisory Panelist - various grants panels, GA Council for the Arts. 1982 — 1984, Board Member - Georgia Alliance for Arts Education. 1981 — 1983, Board Member - Southeastern Georgia Travel & Tourism Association, (President, 1982-83, Secretary, 1981-82). 1979 — 1983, Committee Member - Waycross/Ware County Chamber of Commerce Forest Festival, Tourism & Conventions (Chairman, 1982). 1979 Board Member - Association of Indiana Museums. 1979 Dedication Committee Member and Consultant - Anderson College, Krannert Fine Arts Center, Anderson, IN. 1978 — 1979, Indiana Rep. - Small Museum Committee, Midwest Museums Conference. 1977 — 1979, Commissioner - Madison County Historic Home, Anderson, IN. • PROFESSIONAL DEVELOPMENT ACTIVITY 2014 — Presented in three sessions at MPMA Annual Meeting, Aspen, CO 2013- Presented in two sessions at MPMA Annual Meeting, Lincoln, NE 2012- Presented in one session at MPMA Annual Meeting, Corpus Christi, TX 2006 - Attended "Assessing Public Trust & Accountability" AAM Workshop for Peer Reviewers 2003 Attended "Evaluating Governance" AAM Workshop for Peer Reviewers 2003 Keynote Speaker, Louisiana Museums Association, "The Future of Museums," New Orleans, LA 1998 Graduate "Leadership Mobile" Class of 1998 1997 - Panelist at AAM Annual Meeting Session, "Creating Effective Partnerships Through Collections Sharing: Focus on the Museum Loan Network" 1997 Attended "Basic Estate Planning" Course at Spring Hill College 1997 Attended MMI Leadership Institute Workshop on "Marketing Planning" 1997 - Keynote Speaker, Georgia Association of Museums & Galleries Meeting, "Museums that Thrive: Practical Suggestions from the Field" 1995 - Attended "How to Evaluate Museum Exhibits" by Ala. Museums Assoc. 1994 - Attended "Board Development Workshop" by Alabama Power Company and Community Foundation of Mobile. 1985 - Attended "Nuts & Bolts of Art Packing" Workshop by Southeastern Museums Conference Registrars Committee. 1982 -Attended "Fund Raising" Workshop by Southern Arts Federation. 1981 -Attended "Museum Membership" Workshop by Southern Arts Federation. 1981 - Attended "Long Range Planning for the Small Museum" Workshop by Southeastern Museums Conference & SC Museums Commission. 1980 - 1985 Attended annual Grant Seminars by Georgia Council for the Arts. Attends annual meetings or conferences as time and resources permit. • SELECTED JUROR EXPERIENCE 2008 — 2013 TAMUCC President's Student Art Competition, Corpus Christi, TX 2009 International Juried Exhibition, Rockport Art Center, Rockport, TX 2009 Islander Student Art Association Annual Exhibition, TAMUCC, Corpus Christi 2008 Members Exhibition, Art Center of Corpus Christi, TX 2008 South Texas Art League Juried Exhibition, Corpus Christi, TX 2005 Arts for the Parks Juried Exhibition, Jackson Hole, WY 2004 Nature Works, Art Exhibition and Sale, Tulsa, OK 2003 Art Collection Twelve, WYES Television Art Auction, New Orleans, LA 2003 ArtsQuest Art Festival, Cultural Art Association, Santa Rosa Beach, FL 2002 TriState Art Competition, Okaloosa County/Ft. Walton Beach, FL 2001 "Birds in Art" International Exhibition, Wausau, WI 2001 U.S. Olympic Committee's World Youth Sport Art Competition, Daphne, AL 2000 4th Annual National All -Media Exhibition, Winter Haven, FL 2000 7th Annual Telfair Art Fair, Savannah, GA 1999 Pflimp Art Festival, Montgomery Museum of Fine Arts, Montgomery, AL 1998 Destin Festival of the Arts, Destin, FL 1997 Art with a Southern Drawl (SE Art Competition), University of Mobile, AL 1997 TriState Art Competition, Okaloosa County/Ft. Walton Beach, FL 1995 "Arts Alive '95" Art Exhibition and Festival, Florence, AL 1995 17th Annual Juried Exhibition, Brevard Museum of Art & Science, Melbourne, FL 1994 Wiregrass Biennial Art Competition, Wiregrass Museum of Art, Dothan, AL Art with a Southern Drawl (SE Art Competition) 1993, University of Mobile, AL WYES Television Art Auction, New Orleans, LA Auburn Art Association Juried Show, Auburn, AL Pensacola Museum of Art Annual Show, Pensacola, FL Bluff Park Art Show, Birmingham, AL Mobile, AL, University of South Alabama Student Art Show LaGrange, GA, LaGrange College Student Art Show Columbus, GA, Columbus College Student Art Show Carrollton, GA, West Georgia College Student Art Show Waycross, GA, Waycross Junior College Student Art Show Anderson, IN, Anderson College Student Art Show Columbus, GA, Artists Guild Show Montgomery, AL, Art in the Park Festival Atlanta, GA, Piedmont Art Festival Waycross, GA, Okefenokee Area Annual Competition Alabama State Council on the Arts, Visual Arts Fellowship Program Georgia Council for the Arts, Art Acquisitions Program and numerous public and private school art shows and mall art shows. • RECENT PROFESSIONAL MEMBERSHIPS 2011 to present: Texas Association of Museums 2004 to present: Mountain -Plains Museums Association 1976 to present: American Alliance of Museums 2008 to 2010: Rotary Club of Corpus Christi 2006 to 2007: The Committee of 100 - Tulsa 2005 to 2007: Association of Art Museum Directors 2004 to 2007: Oklahoma Museums Association 2004 to 2007: Rotary Club of Tulsa 2004 to 2007: Museums West Consortium 2004 to 2007: Tulsa Men's Forum 1998 to 2004: Leadership Mobile 1989 to 2004: Mobile United 1988 to 2004: Rotary Club of Mobile (Elected Paul Harris Fellow 1997) 1988 to 2004: Southeastern Museums Conference 1988 to 2004: Alabama Museums Association • SUCCESSFUL GRANT ACTIVITY FEDERAL - National Endowment for the Humanities — Consultation Project Grant; National Endowment for the Arts - Crafts Program, Exhibition Grant; USIA International Touring Exhibition Grant - "Out of the Woods" Exhibition, Film, Catalogue and International Tour; Institute of Museum and Library Services — Museums for America Grant awarded for 1 museum, Learning Opportunities Grant awarded for 1 museum, General Operating Support Grants awarded for 4 museums, Conservation Project Grants awarded for 3 museums, MAP I Grants awarded for 2 museums, MAP II Grants awarded for 2 museums, MAP III Grants for 2 museums, and CAP Grants for 2 museums. STATE - Texas Commission on the Arts —16 Project Grants and Stimulus Grant; Oklahoma Arts Council — 9 Project/Program Grants; Alabama State Council on the Arts - 16 General Support Grants and 10 expanded Grants for Projects; Alabama Humanities Foundation - 12 Project Grants; Georgia Endowment for the Humanities - 2 Project Grants; Georgia Council for the Arts - 33 grants awarded in various grant categories, i.e., general support, artist -initiated project, challenge grant, art acquisitions program, visual arts touring and art bus program; Georgia Governor's Intern Program - 2 grants awarded; Indiana Arts Commission - 10 grants awarded, various categories. OTHER - City of Corpus Christi and Texas A&M University — CC support awarded annually. Conducted $15.5 million capital expansion campaign at Mobile Museum of Art to expand museum to 95,000 square feet; opened facility on Sept. 6, 2002. City and County Government Support - awarded in Mobile, AL; LaGrange, GA; Waycross, GA, and Anderson, IN. Arts Council/Commission Grants — 4 Project Grants awarded in Corpus Christi, TX; 10 Project Grants awarded in Mobile, AL. Private Foundation Support - Grants awarded in Corpus Christi, TX; Tulsa, OK; Mobile, AL & LaGrange and Waycross, GA from several foundations. • HONORS AND AWARDS 2013 - Served on Momentum 2020 Planning Committee at TAMUCC 2003 - Nominee for Alabama Tourism Executive of the Year 2002 - City of Mobile Crystal Ball Award — fall quarter of 2002 2002 - Received "Excellence in Peer Review Service Award" from American Association of Museums (one of five awards given nationally). 2000 - City of Mobile Crystal Ball Award — spring quarter of 2000 1997 - Selected for "Leadership Mobile" Class of 1998. 1997 - Selected as a "Paul Harris Fellow" for the Rotary Club of Mobile. 1995 - Included in "Who's Who in America." 1989 - Included in "Who's Who in American Art." 1986 - Selected as one of 35 participants to the Getty Museum Management Institute and awarded a $1700 scholarship. 1983 - Selected as "Outstanding Supervisor" for the Southeast Georgia Area during the 1982 CETA Summer Youth Employment Program. 1981 - "Spark Plug of the Year" Award, Waycross, GA Jaycees. 1978 - "Outstanding Young Men of America" Anderson, IN. 1974 - Elected to "Who's Who in American Colleges & Universities" Huntingdon College, Montgomery, AL. 1973 - Selected to Kappa Pi International Honorary Art Fraternity, Sigma Chapter at Huntingdon College. 1973 - Elected Student Government Vice President, Huntingdon College. 1973 - Selected Huntingdon Marshal (Honorary), Huntingdon College. 1972 - Elected Sophomore Class President, Huntingdon College. 1971 - Selected for Jane Williams Award as the Outstanding Freshman Student in Activity, Huntingdon College. • CURATORIAL ACTIVITY Joe Schenk's curatorial activity has been extremely broad -ranging. At the Art Museum of South Texas, he coordinated the organization and touring of "Alexandre Hogue: An American Visionary — Paintings and Works on Paper," "Contemporary Masters: Works on Paper from the Collection of the Art Museum of South Texas," and is currently working on Dorothy Hood (1918-2000): The Color of Being/EI Color del Ser." At the Gilcrease Museum, he coordinated the organization and national touring of the exhibitions "After Lewis & Clark: The Forces of Change, 1806-1871" and "Las Artes de Mexico." In Mobile, he coordinated the major exhibition, "Picturing French Style: 300 Years of Art and Fashion," that opened the new Mobile Museum of Art and later traveled it to the Norton Museum of Art in West Palm Beach, Florida. He has written significant grant proposals for projects such as an United States information Agency (Arts in America) exhibition entitled, "Out of the Woods: Turned Wood by American Craftsmen" funded at $93,000 which included 61 works by 24 artists and toured to 18 museums in Eastern Europe from 1993-1997 and then toured the USA for three years. He also developed an exhibition on Georgia Crafts that was funded by the National Endowment for the Arts. Other notable exhibitions that he organized include: International Glass from the Haverty Collection; An Acquisitive Eye: Selections from the Collection of James M. Younger; Lee Loring: A Southern Sophisticate; Modernism and American Painting of the 1930s; Southern Outsider, Visionary and Folk Art from the Collection of Dr. A. Everette James, Jr.; Louise Lyons Heustis (1865-1951): A Retrospective; Alabama Impact: Contemporary Artists with Alabama Ties; Thirty Something (an exhibition of 30 gifts for the 30th Anniversary of the Fine Arts Museum of the South); Mobile Collects; Southeastern Juried Exhibitions (3 regional competitive shows); Art on the Move (an exhibition of wearable art); LaGrange Nationals (5 competitive exhibitions); Ric Snead — New Works; The Cochran Collection: Graphics by 20th Century Masters; Works by Warhol from the Cochran Collection; Indiana Collects; German Expressionist Prints; Fiesta: An Exhibition of Mexican Art; The Eckert Collection of American Coverlets; and Twentieth Century American Art from the Collections of Indiana Colleges and Universities. • PERSONAL INFORMATION Born: March 28, 1953 in Glendale (Luke Air Force Base), Arizona; Married to Jacqueline (Van Lierop) Schenk; Children: Brian lives in Atlanta, GA and Stuart lives in Los Angeles, CA; References provided on request. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 01, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Brooke Prefix Email Address Middle Initial Senterfitt-Montes Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Mole' Employer 6042 SPID WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress- City Texas WorkAddress- State 78412 owner Job Title State Postal Code WorkAddress-Zip Code 361-334-6081 Work Phone mole2013@yahoo.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at the moment Education, Professional and/or Community Activity (Present) BS degree, Junior League of Corpus Christi Registered Voter? • Yes No Current resident of the city? • Yes QNo 9 years If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Restaurant Industry AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 8, 2015 Second Reading Ordinance for the City Council Meeting of September 15, 2015 DATE: August 24, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikemacctexas.com 886-2601 r Execute a contract with Intrado Systems Corporation for 9-1-1 Location Data Management CAPTION: Motion authorizing the City Manager or his designee to execute a contract with lntrado Systems Corporation in the amount of $465,312.85 of which $27,954.25 for one time cost is required for the remainder of FY2014-2015 for 9-1-1 Location Data Management software and services . The term of the contract is three years with two automatic 12 month renewals. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). PURPOSE: The contract will provide detailed location information (automatic number and location identification) from a 9-1-1 caller in MetroCom. BACKGROUND AND FINDINGS: Currently these services are being provided by AT&T with funds budgeted in the 11802 911 Wireline budget. lntrado Systems is the same cost, but they are offering an additional service called Text to 9-1-1 for no monthly fee for the term of the contract. This service is referenced as Next Generation 911 (NG911) that will enhance the 911 system to create a faster, more flexible, resilient, and scalable system that allows 911 to keep up with digital communication technology used by the public. NG911 is an Internet Protocol (IP) -based system that allows digital information (e.g., voice, photos, videos, text messages) to flow seamlessly from the public, through the 911 network, and on to emergency responders. This generation will be mandated within the next 3 — 5 years for all public safety dispatch centers. As part of this agreement Intrado will also upgrade existing circuits to handle the increase in speed required to process the new digital information. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance 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 $158,637.84 $437,358.60 $595,996.44 Encumbered / Expended Amount This item $27,954.25 $437,358.60 $465,312.85 BALANCE $130,683.59 0 $130,683.59 Fund(s): General Comments:. RECOMMENDATION: Staff recommends approval of contract. LIST OF SUPPORTING DOCUMENTS: Contract Intrado' Service Order 1. INFORMATION Customer Name: City of Corpus Christi, TX Order Effective Date: Latest date signed below. Initial Term: • Commencing on Order Effective Date • Ending 36 months after Acceptance of the first Service listed below. Renewal Terms: Two automatic 12 month renewals unless notice of termination is given by either party at least 90 days before expiration of the then -current term. Governing Agreement: Agreement for Services of even date herewith 2. SERVICE DESCRIPTION lntrado Inc. ("Intrado") will provide the following services ("Services") as described in the attached or referenced Service Guide(s), at the prices stated in this Service Order ("Order"). Customer will fulfill its responsibilities stated in the Service Guide(s). The Service Guide(s) may also describe Optional Services not included in the standard Services, which Customer may purchase at this time or by completing a future service order, all at the prices stated herein (if applicable). 2.1 Purchased Services Service Service Guide A9-1-1" Location Data Management Location Data Management Service Guide Ver. 2014.06.02 Shared Services Guide Ver. 2014.03.14 2.2 Optional Services Optional Services Purchased with this Order Service Guide PS/ALI n/a. See Section 2.2.I below 2.2.1 PSIALI Services Customer may opt for PS.ALI Services for Customer owned TNs only. With PS.'ALI services, Customer will be able to maintain detailed location information within the ALI database for each of their users making a 9-1-I call from a Multi -line Telephone System (e.g. PBX). Two options are offered. Customer will be able to submit and manage MLTS records either via Service Order Input (SOI) or via a secure web based application accessed following authentication via the Intrado portal. The Intrado web -based BALI application will allow Customer to insert and change records and to correct validation errors. Customer will also be able to upload and submit SOI files and download errors and statistics files using the Intrado File Transfer Tool accessed through the Intrado Portal (UI) or through the Intrado file management system. Up to 5 hours of professional services are included with Customer's account set-up to cover informal training on the connectivity options, the web -based PS ALI application, and processes. Additional professional services may also be purchased to obtain Intrado DIU analyst assistance with data clean-up. Intrado Confidential Version 2014.10.17 Copyright Intrado Inc. 2015 — All rights reserved i nt'rado Service Order for City of Carpus Christi, TX 2.3 Out of Scope Services Customer requests for services outside of the Service Guide(s) or this Order will require a separate change order executed by the parties. 3. PRICING 3.1 Fees The following are the fee(s) and payment schedule for the Services listed in Section 2 above. Fees apply to all Customer PSAPs and for all TNs. Service One Time Fee ("OTF") Monthly Recurring Fee ("MRF") Implementation Services $27,151 A9-1-1 Location Data Management $4,732.00 Network Monitoring and Maintenance $468.00 Network Connectivity $803.25 $2,089.31 Total $27,954.25 $7,289.31 3.2 Pricing Notes a. If applicable, OTFs will be invoiced on the Order Effective Date. b. MRFs will commence as of the date of Acceptance of each Service (see Section 4.4 below). MRFs will commence as of the date of Acceptance of the Service. The MRF(s) will be prorated on a 30 calendar day month for the first MRF fee invoice billing. c. The MRF is a minimum MRF. Any additional TN's above 104,000 will be charged at 5.0455 per TN for Location Data Management and $.0045 per TN for Network Monitoring and Maintenance. d. The professional services rate of 5275.00 per hour will apply to out of scope services unless a recurring rate is agreed by the parties for such services. e. lntrado will determine if it is necessary to go on-site to repair a problem with the Services. For premise visits requested by Customer, fees will apply at the above professional services rate, including travel time, with a two hour minimum, during Intrado local business hours (8am-5pm, M -F, excluding Intrado-observed holidays), with additional rates if the visit extends before or after these hours. f. Optional PSI ALI ALI Services • MRC — PS/ALI TNs will be charged at 5.0455 per TN for Location Data Management and 5.0045 per TN for Network Monitoring and Maintenance. This rate will be applied to existing PS: ALI accounts beginning the first month following the PS.'ALI initial load. • Non-recurring charge ("NRC") (Initial Load Set-up Charge) - based on the total number of PS. ALI records to be initially loaded, the rate is provided in the PS: ALI NRC Price Chart (Table 1 below) and applicable to new PS. ALI service requests initiated during the Initial and any additional renewal terms. Notwithstanding anything to the contrary herein, the PS. ALI NRC is a one-time charge for account initiation and setup. Billing for PS. ALI NRC shall occur the first month following receipt of Customer's PS ALI service request. o The NRC covers the following: Page 2 Copyright Intrado Inc. 2015 — All rights reserved 1nirado Service Order for City of Corpus Christi, TX • Program Management assistance in support of account initiation, provided remotely; ■ Product support via telephone for initial account setup as required; and ■ One Secure ID token (a security password device used to enable an individual user to log into lntrado's system via internet connection for the purpose of updating PS. ALI records). PS/ALI NRC ALI record Scale (Initial Load Set-up Charge) NRC < I00 $500.00 100 — 250 $600.00 251 — 500 $900.00 501 —1,000 $1,000.00 1,001 — 3,000 $1,250.00 3,001 — 5,000 $1,500.00 5,001 —10,000 $2,000.00 10,001 — 20,000 $2,500.00 20,001 and up $2,600.00 Table 1: PS/ALI NRC Price Chart • Additional PS/ALI Services: Additional PS/ALI services and pricing are provided below (Table 2). Description Price Change of Setup: Direct to Premier or Premier to Direct NRE $575.00 Program Management Professional Services (additional support, other consulting) $I50.00/hour Additional or replacement Secure ID tokens $75.00 Table 2: Additional PS/ALI Services Price Chart 4. SERVICE SPECIFIC TERMS 4.1 Configuration The pricing above includes up to the following configuration: 9-1-1 ALI Steering Supported ALI Steering for Wireline calls will be supported between the Customer's PSAPs and any other PSAPs served by the Intrado ALI database systems. 4.2 Network Connectivity Intrado will provide and install redundant MPLS connectivity and network communications equipment from Intrado's A9-1-1 Location Database Management network to the Intrado Point of Interconnect ("POI") located at the Customer's hosted CPE location(s). Intrado will provide necessary back-office routers and LAN switches to facilitate this connectivity. This network may only be used by Customer in connection with the use of Intrado's Services. Page 3 Copyright Intrado Inc. 2015 All rights reserved Intrado Service Order for City of Corpus Christi, TX 4.3 Database Extracts Upon request from the Customer, Intrado will provide Customer up to five extracts of the TN data their region on an annual basis at no additional cost. If additional extracts are required then professional services fees may apply. 4.4 Service Acceptance Intrado will provide Customer with notice of availability of each Service. Acceptance of each Service ("Acceptance") will occur on the earliest of the following events: (1) Customer provides written notice of acceptance; (2) the Service is used, or is capable of being used, by Customer in a live environment, or (3) three calendar days pass after Intrado's notice of Service availability without receipt of a Customer notice of material defect. 4.5 Limited Exclusivity Customer grants Intrado the exclusive right to provide the Services or similar services to Customer. lntrado may provide services similar or identical to the Services to any other entity or person, whether or not such services are used for emergency purposes; provided, however, that Intrado does not use Confidential Information of Customer to do so. 4.6 Service Level Terms The parties agree to the service level terms attached as Schedule A. 5. ENTIRE AGREEMENT This Order is made under the Governing Agreement first referenced above. This Order and its Appendices and referenced Service Guide(s), along with the Governing Agreement, constitute the parties' entire agreement and supersede any prior written or oral agreements related to its subject matter, including any proposals or marketing materials. The order of precedence for any conflicts is: (i) this Order; (ii) the Service Guide(s); and (iii) the Governing Agreement. This Order may be executed in counterparts, by facsimile or electronically, and is not enforceable unless executed by both parties. CITY OF CORPUS CHRISTI, TX INTRADO INC. Authorized Signature Authorized Signature Mary Hester Name Typed or Printed Name Typed or Printed President Title Date signed Title Date signed Page 4 Copyright Intrado Inc. 2015 - All nghts reserved infrado Service Order for City of Corpus Christi, TX Schedule A Requirement/SLA Performance Measure Update File Processing 98% of all valid inputs received in update files will be available in the Location Record Database ("LRDB") within 24 hours. Customer Change Requests 98% of Customer Change Requests submitted via 9-1-1 NET including Incorrect AL1 ("ALI DRs"), TN Change Requests ("TN CRs"), MSAG changes ("MSAG CRs") and ESN Change Requests ("ESN CRs") will be worked or referred within one business day. Redundant ALI Availability lntrado's redundant ALI database system shall be 99.999% available to respond to ALI queries from Customers' PSAPs no less than 99.999% of each month, excluding approved scheduled maintenance downtime. ALI Response Time ALI query response time for a fixed location record provisioned in lntrado's ALI database systems shall average less than one second on a monthly basis. PSAP Connectivity Monitoring Uptime Intrado will provide Customer with incident monitoring services for a minimum of 99% of each month excluding scheduled upgrades and maintenance. PSAP and Customer Network Failure Notification Within 30 minutes upon verification of a total loss of connectivity between a PSAP and ALI database, Intrado will initiate a launch of an automated notification to affected PSAPs. PS/ALI Load Files Intrado will process the PS/ALI Initial Load File to the Location Record Database within five business days of receipt of a valid file from the Private Switch Provider. Page 5 Copyright Intrado Inc. 2015 - All nghts reserved i ntrado infrado4 AGREEMENT FOR SERVICES This Agreement for Servi:cs ?Government Customers) is between Intrado Inc. (Jnlradn) and the customer signing below ("Customer'I, dated as of the latest signature date ("J:ffegtive Date"' The panics may enter into orders or statements or work refercn.ing this agreement (each, on "Omer') descnbing the Intrado sen ices .. rnices) 'Aoreemenf means this Agreement for Services and all Orders "Affiliate" has the meaning in Rule 405 of the Securities Act of 1933. as amended. 1 TERM: This Agreement will continue from the Effective Dale until the expiration ar termination of the latest -ending Order. 2 PAYMENT 2.1 Invoices: Customer will pay the fees described in Orders. Mirada bills recurring fees monthly and non-recurring fees within 30 days of the Order effective date (except as specified in an Order). Invoices may be transmitted electronically and are payable via electronic funds (ACII, EFT or wire transfer) within 30 days of invoice date, without setoff or deduction. Requested Services performed by Intrado before an Order effective date or outside the scope of the Order will be billed at Intrado's then• current rate (except as otherwise specified in an Order). Intrado will apply payments to the oldest outstanding invoice. 2.2 Taxa: Customer will bear all applicable taxes, duties. and other govetnrrtent charges relating to the Services (including applicable interest and penalties), except taxes based on Intrado's income. Any tax exemption must be supported by appropriate documentation 23 Termination. Inirado's pricing is based on fees for the entire Order term. On early termination of an Omer (except due to Intrado's default), Customer will pay for Services delivered and outstanding invoices, plus a termination fee equal to fres for the remaining Order term- "Recurrinn fres" will equal the greaterof(a) monthly minimum fees, if any, slated in the Order, or (b) the average monthly fee for the six months before the notice of termination. Intrado has made pricing concessions based on the amount of recurring fees for the term of the Order, and the termination fccs arc a fair approximation of Intrado's damages. not a penalty. 2.4 late Payments: Invoices net paid when due will bear interest from the due date at the lower of two percent per month or the highest allowable rate. Customer will pay all reasonable costs of collection (including attorney fees). Intrado may change payment terms or require a deposit upon an adverse change in Customer s financial condition or payment record 25 Oisnuted Invoices: Customer may withhold only good faith disputed amounts, not to exceed one month's recurring fees for the Service and will pay all other amounts when due. Customer must notify Intrado within 15 days of any disputed invoice, specifying the nature of the dispute. The ponies will try in good faith to resolve any disputed invoices within 30 days. 3 CONFIDENTIALITY: Exhibit A - Confidentiality and FOIA applies to disclosure and use of confidential information ex:hanged under this Agreement and disclosures required by applicable freedom of information ar public records laws. 4 LIMITED WARRANTY 4.1 Warranty. Intrado warrants that Services will be provided in a workmanlike manner. in accordance with industry standards and by individuals with suitable skills and abilities. Except as provided in an Order, Services will be deemed accepted when performed. Intrado does not warrant products, equipment, hardware. or software used to provide the Services but not manufactured by Intrado. Upon request. Intrado will pass through to Customer any applicable third party warranties to the extent permitted by su: h third party 4.2 pisclaimcr EXCEPT AS STATED IN THIS SECTION. INTRADO DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCIIANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AC('URACY OR CONDITION OR LOSS OF DATA, NETWORK CONNECTIVITY, INTEROPERABILITY OR THAT THE SERVICES OR RELATED SYSTEMS WILL BE UNINTERRUPTED OR ERROR -FREE. 43 Customer Materials: Customer will provide information reasonably requested by Intrado to perform the Services. including as applicable. telecommunication or cell site specifications, Customer or third party databases; network architectures and diagrams; performance statistics.. interfaces and access to Customer systems, including third party systems, routing and network addresses and configurations f Customer Materials' I. Customer warrants that (a) Customer is solely responsible for the content and rights to the Customer Materials. (b) the Customer Materials will be accurate. and (c) Intrado s use of the Customer Matenals will not violate the rights of any third party 5 LIMITATION OF LIABILITY 5.1 Limitation. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, EXEMPLARY. SPECIAL, PUNITIVE. CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER. THE TOTAL LIABILITY OF INTRADO FOR ANY REASON WILL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER UNDER TIIE RELEVANT ORDER IN TIIE SIX MONTHS PRIOR TO TIIE CLAIM. 5.2 Application. THESE LIMITS ON LIABILITY APPLY WHETHER TIIE CLAIM ARISES OUT OF BREACH OF WARRANTY, CONTRACT, TORT. OR STRICT LIABILITY. AND EVEN IF TIIE DAMAGES ARE POSSIBLE OR FORESEEABLE. 53 Time Limit' ANY SUIT MUST BE FILED WITIIIN TWO YEARS AFTER T}IE CAUSE OF ACTION ACCRUES 6 INDEALNIFICATION 6.1 Inn -ado Indemnity: Intrado will indemnify, defend and hold harmless Customer from third -party claims, actions. suits, proceedings, costs, expenses, damages and liabilities. including reasonable attorney fccs and expenses (collectively, -Clain,') for physical injury or death or tangible property damage to the extent caused by Intrado's gross negligence or willful misconduct. 6.2 Customer Indemnity: Except to the extent prohibited by applicable law, Customer will indemnify, defend and hold hornless Intrado, its Affiliates and their officers. directors employees and agents from Claims (a) relating to the Customer Materials or a breach of the section titled Customer Materials, (b) relating to any Customer product or service, (c) for physical injury or death or tangible property damage to the extent caused by Customer's gross negligence or willful misconduct 2'!!S0", IYGn! Pagel Inasda confidrniial ,, 63 Procedures. The indemnified party will (a) notify to other party of any Claim: (b) relinquish control of the defense and settlement: and (c) assist the indemnifying party as reasonably requested. The indemnifying pony may settle any Claim without the indemnified party's consent if the settlement does not affect the rights of the indemnified party. The indemnified party may participate in the defense at its expense. 6.4 Immunity: If applicable and to the extent not prohibited by applicable law, each Party will bc entitled to not Tess than the same benefits and protections afforded by any law, regulation or other applicable rule which extends protections to the other Party in any form, including but not limited to governmental or other immunity. indemnification, or other protection, Neither Party will object to or interfere with the assertion of such immunity by the other Party. 7 TERMINATION FOR DEFAULT: if titter party fails to cure a material default within len days for late payments, or 30 days for other default, after notice specifying the default, the non - defaulting piny may terminate the Agreement or applicable Order, and pursue any other available remedies at law or equity. The cure period will extend for 30 more days if Introdo uses good faith efforts to cure. 11 INTELLECTUAL PROPERTY 8.1 Jntrado iP: Intrado retains full and exclusive ownership of and all rights in, to and under its trademarks, service marks, tradcnames and logos, and any designs, data, specification, know-how, software. device, technique, algorithm, method, discovery or invention, whether or not reduced to practice, relating to the Services and any development enhancement, improvement or derivative works of the Services except for the Customer Materials (collectively, including all intellectual property nghts ' Jntrada IP"). Intrado grants Customer a non- exclusive. non -transferable license during the term to use the Inlrado 1P only to the extent required to utilize the Services, subject to this Agreement Customer receives no other right title or interest in, to or under Inlrado IP. Intrado IP is lntrada's confidential information. Customer will cooperate to take such actions reasonably requested to vest ownership of Inlrado IP in Inlrado. 8,2 Jlestrlctions: Reservation of Rights: Customer will not disclose or allow access to Inlrado IP, including without limitation, software ansa systems. by anyone other than Customer's employees and subcontractors who have a need to access the Intrado IP and who arc bound by law or written agreement to comply with Customer's duties under thus Agreement. Neither party will reverse engineer, decompile, disassemble or translate the other party's intellectual property or confidential information. Each party reserves all rights to its intellectual property and confidential information. 9 OS -SITE SERVICES: For any Services performed on Customer's premises. Customer will (a) provide appropriate facilities, access_ furnishings. equipment software, documentation, passwords and data: (b) maintain adequate security. safety, utilities. and environmental standards, and (e) reimburse Intrado for its reasonable out-of-pocket expenses. including coach class travel. business class lodging, automobile rental, and meals, unless otherwise provided in the Order Whole on the other's premises, each party will comply with the other party's written security rules and regulations. 10 INSURANCE: Each party will maintain; (a) Workers' Compensation insurance required by law; (b) employer's liability insurance with limits of at least 5500.000 for each occurrence: (c) comprehensive automobile liability insurance if the use of motor vehicles is required. with limits of at least 51,000,000 combined single limit for bodily injury and property damage for each occurrence; (d) Commercial General Liability insurance, including Blanket Contractual Liability and Broad Form Property Damage, with limits of at least 51,000,000 combined single limit for bodily injury and property damage for each occurrence; (el Professional Liability or Errors and Omissions insurance of al least 51,000,000 for each occurrence. and (1) excess or umbrella liability at o limit of at least 55,000,000 per occurrence and aggregate in excess of the underlying coverage required above The CGL, employer liability, excess or umbrella liability. and automobile liability policies of each party will designate the other party as an Additional Insured, On request, the other party will furnish certificates evidencing the foregoing insurance Each party will strive to notify the other at least 30 days before any cancellation or termination of its policy. 11 IIIISCELLANEOL'S 11.1 Force Maieure: Neither party is liable for delays or defaults in its perforssanee hereunder (except for its payment obligation) due to causes beyond its reasonable control, including: acts of God or government. war. Terrorism, fire or explosion, flood; extreme weather; epidemic; riots. embargoes, viruses; technology attacks; labor disturbances. failure or unavailability of the Internet, telecommunications, transportation, utilities or suppliers. 11.2 independent Contractors; Beneficiaries: The panics arc independent contractors. No agency, joint venture or pannership is created under this Agreement. This Agreement benefits Customer and Intrad° only: there arc no third party Ilene fielanes including Customer's customers. 113 interpretation. Conflict Severobilily. including' means including without limitation -Om" means calendar days If any terms of flus Agreement and an Order conflict. the Order will govern for that Order only No preprinted purchase oiler or other Customer form terms will apply. Any provision held unenforceable by a court will be enforced In the fullest extent permitted by law and will not affect the other provisions No course of dealing or failure to exercise any nghl or obligation is an amendment or waiver This Agreement may bc modified or amended only in a writing signed by the parties. 11.4 /lssimunenl. This Agreement will be binding on the permitted successors and assigns. Neither party may transfer or assign this Agreement without the prior written consent of the other, not to be unreasonably withheld, except that Inlrado may assign this Agreement to an Affiliate or to an a: quiver of all or part of its business or assets without consent. 11.5 Applicable law and Remedies. This Agreement is governed by Colorado law, without regard tr choice of law principles Each party waives all rights to a jury trial Injunctive relief will apply to any breach of Section 3 or 8. All rights and reinedies are in addition to any other rights or remedies at law or in equity, unless designated as an exclusive remedy in This Agreement. Each party will be entitled to the same govenuncntal or other immunity or other protections afforded by any law, rule or regulation to the other party, and neither pan) will object to or interfere with the other party's application of this sentence. 11.6 Compliance with Laws: Each parry has or will timely obtain all consents, licenses. permits and certificates required to .of; 0.. PP Gars Parr 2 Intrado Confidetuial ,, perform under this Abrecment. Each party will comply with laws, rules, regulations and court orders applicable to it or die Services. Inn -ado may cease or modify the Services or the terms as reasonably required to comply with changes in law. Customer recognizes and agrees to comply with Intrado's Code of Ethical Business Conduct located at www intrado.comitcrns 11.7 Advctisine and publicity: Neither pany will use the other party's name or marks to any press release, advenisement, promotion, speech or publicity without the other party's prior written consent, except that Intrado may use Customer's name and marks in its customer lists, sales or promotional materials without consent. 11.8 Affiliates. Chances. Services may be provided, in whole or pan, by Intrado or its Affiliates. Intrado Communications, CITY OF CORPUS CHRISTI, TX Authorized Signature Name Title h.ddrese for Nodes"; At.Ue Fax Dated signed: Inc may provide regulated portions of the Services. buratto may modify or improve Services dunng the teen 11,9 Notices. Entire Acrccmcnt. Survival. Signature: All notices must be in writing and delivered to the address below Notices are effective on receipt when sent by certified or registered U S. Mail, charges prepaid, return receipt requested or when delivered by land. overnight courier or fax with confirmed receipt This Agreement constitutes the entire abreement and supersedes any prior written or oral agreements or understandings related to its subject matter Sections titled Invoice and Payment, Confidentiality, Limited Warranty, Limitation of Liability, Indemnification, Intellectual Property and Miscellaneous will survive termination of this Agreement. This Agreement may be executed in counterpans, by facsimile or electronically_ and is not enforceable unless executed by both parties IN RAPO INC. Authortzed Signature Mary Hester Name President Title Date signed. Address for Notices: 1601 Dry Creek Dr Longmont, CO 80503 Ann Lep! Department, copy attn Corporate Controller Fax 720-494.6600 °cyr h Invade Confidential �`' t Comment [all]: Please 1111 is ENI 11BIT A Confidentiality and FOIA Except to the extent disclosures are required under applicable freedom of information or public records laws or regulations the teens of this Exhibit A — Confidentiality and.EOIA will apply to information disclosed under This Agreement. Customer may disclose the Intrado's Confidential Information only lo the extent required by applicable law or regulation Customer will give sufficient notice to Intrado Io allow Intrado to claim applicable exemptions, make applicable objections or seek appropriate limits or restrictions on use and disclosure of its Confidential Information. I. Definitions: "Confidential Information means all information disclosed by or on behalf of tither party ( Disclosing Pa y') to the other patty ("Recipient') that is marked as confidential or proprietary or that by its nature or context eonsiitutes information that a reasonable business person would treat as proprietary, confidential, or pnvale, even if not so marked. Confidential Information includes, but is not Knitted to a party's financial, business, technical, marketing, sales. customer. product, pricing, strategy, personnel, software, systems, methods. processes, practices, intellectual property, trade secrets. software, data. contract terms or other business information. 'Af IIbIIO" means any person or entry directly or indirectly controlled by controlling or under common control of a party. 2. Exclusions: Confidential Information docs nal include any information that (a) was or becomes generally available to the public through no breach of this Agreement: (b) was previously known by Recipient or is disclosed to Recipient by a third party without any obligation of confidentiality: or (c) is itdepcndenily developed by the Recipient without the use of Disclosing Pany's Confidcnual Information, 3. Use and Disclosure: Recipient and its employees. Affiliates, agents and contractors will (a) use the Confidential Information only for the Agreement; (b) disclose the Confidential Information only to its employees, Affiliates, agents and contractors with a "need to know" for the Agreement: (d) use rhe same nandard of care to protect Disclosing Patty's Confidential Information as Recipient uses t0 protect its own similar confidential or proprietary information, but not less than reasonable care appropriate to the type of information: (e) reproduce Disclosing Patty's confidentiality or propnetary notices legends or markings on all copies or extracts of Confidential Information; and (1) use and disclose the Confidential Information as authorized in writing by the Disclosing Pany. Recipient is responsible for compliance with this Agreement by its employees, Affiliates, agents and contactors 4. Required Disclosure: If required to disclose any Confidential Information by law or court order, Recipient will promptly notify the Disclosing Party (unless prohibited by law) and cooperate with Disclosing Parry. al Disclosing Partys expense to seek protective orders or appropriate restrictions on use and disclosure. The Section titled Usc and Disclosure docs nod apply to disclosure required under this Section, 5. Return or Destruction: Within 30 days after termination of the Agreement or written request of Disclosing Party, Recipient will return or destroy Disclosing Party's Confidential Information, Recipient will certify return or desiruction if requested by Disclosing Party Recipient may retain Ducloring Pany's Confidential Information to die exient required by law This Exhibit A will survive and continue to apply to Disclosing Party's f onfidential Information ihat its nal reasonable to return or destroy (for example, retained in archive or bat kup systems; as long as it is retained by or for Recipient 201.1 02 19 Gimt Page a Irtiado CosCdaitul AGENDA MEMORANDUM Future Item for the City Council Meeting of September 8, 2015 Action Item for the City Council Meeting of September 15, 2015 DATE: August 3, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement with Developer and Reimbursement of $135,766.13 for the City's cost of Brockhampton Street CAPTION: Resolution authorizing the City Manager to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $135,766.13 for the City's share of the cost to extend Brockhampton Street, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend Brockhampton Street. The subdivision is located along Brockhampton, south of Saratoga Boulevard (SH 357) and east of Cimarron. BACKGROUND AND FINDINGS: The developer, MPM Development, LP, is developing the final phase of a multi -phased single-family residential subdivision named Bordeaux Place Unit 4. The subdivision is located along Brockhampton, south of Saratoga Boulevard (SH 357) and east of Cimarron. Bordeaux Place Unit 4 will contain 48 single-family residential lots. The Planning Commission approved the plat for Bordeaux Place Unit 4 on May 20, 2015. The participation agreement is for half -street construction along Brockhampton Street frontage and for the required extra thickness of the asphalt on Brockhampton Street. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding Brockhampton Street for new subdivision as provided in the Unified Development Code. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Revenue Capital X Bond 2012 Fund(s): Comments: Balance reflects amount for MPM Development L.P. participation agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Project to Date Fiscal Year: 2014- Expenditures Current Future 2015 (CIP only) Year Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 $665,207.89 $876,457.54 This item $135,766.13 $135,766.13 BALANCE $538,750.35 $699,025.98 $750,000.00 $1,987,776.33 Fund(s): Comments: Balance reflects amount for MPM Development L.P. participation agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, LP., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $135,766.13 FOR THE CITY'S SHARE OF THE COST TO EXTEND BROCKHAMPTON STREET, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the CITY's portion of the cost of Brockhampton Street, including all related appurtenances, for development of Bordeaux Place Unit 4, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- MPM Development LP -Bordeaux Place Unit 4 Participation Agreement Page 1 of 2 APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- MPM Development LP -Bordeaux Place Unit 4 Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, LP. ("Developer"), a Texas corporation, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 12.802 acre tract of land, more or less, a portion Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 13, 14, 19 and 20 (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Bordeaux Place Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Brockhampton Street from its existing terminus for a distance of approximately 404 feet to connect with the existing roadway on Bronx Avenue as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $135,766.13. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 2 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF BORDEAUX PLACE UNIT 4 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 3 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 4 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi MPM Development, LP. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi, 2406 Leopard Street / 78401 General Partner P.O. Box 9277/78469-9277 426 S. Staples Corpus Christi, Texas Corpus Christi, Texas 78401 with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be September 15, 2017. (EXECUTION PAGES FOLLOWS) MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 5 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 EXECUTED in one original this day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: Julian Grant Assistant City Attorney OWNER: MPM Development, LP. Mossa Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Mossa Moses Mostaghasi, General Partner, MPM Development, LP., a Limited Partnership, on behalf of said partnership. Notary Public's Signature MPM Development LP -Bordeaux Place Unit 4 Agmt vFinal Page 6 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 STATE OF TEXAS § COUNTY OF NUECES WE, MPM DEVELOPMENT, LP, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF , THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE DAY OF , 20 STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY VAHID MOSTAGHASI. THIS THE DAY OF , 20 STATE OF TEXAS § COUNTY OF NUECES § I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF 20 NOTES: NIXON M. WELSH, R. P. L. S. 1. THE BASIS OF BEARINGS IS THE SOUTHWEST BOUNDARY LINE OF BORDEAUX PLACE UNIT 1, S61'00'00"E, AS SHOWN. 2. THE SUBJECT SITE IS IN ZONE "C" ACCORDING TO FEMA MAP, COMMUNITY PANEL 485494 0540 C, REVISED MARCH 18, 1985. 3. THE SUBJECT SITES CONTAIN 12.802 ACRES INCLUDING STREETS TO BE DEDICATED. 4. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS "EXCEPTIONAL" AND "OYSTER WATERS". TCEQ ALSO CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE. 5. SET 5/8" IRON RODS AT ALL LOT CORNERS UNLESS OTHERWISE NOTED. 6. THE PROPERTY IS CURRENTLY ZONED FR FARM RURAL DISTRICT AND IS PROPOSED TO BE RE—ZONED TO RS -6 SINGLE FAMILY. 7. A 60' ROAD ROW, V. 1676, P. 452, D. R. , WAS CLOSED IN LOTS 4, 5 AND 6, BLOCK 1, BY CITY COUNCIL, ORD. NO. , WITH 60' DE RETAINED. z z BR❑CKHAMPT❑N ST. " SITE'= 0 300' 600' LA BIANCA DR. 1200' SCALE: 1"= 600' BRONX AVENUE EMPIRE STATE DR. CENTRAL PARK DR WALL ST. LOCATION MAP 1- = 600' BROOKE RD. z APPE©WIE MAY 2 0 2015 D PLANNING COMMISSION PLAT OF BORDEAUX PLACE UNIT 4 A 12. 802 AC. TRACT OF LAND, MORE OR LESS, A PORTION FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SECTI❑N 20, LOTS 13, 14, 19 AND 20, A MAP OF WHICH IS RECORDED IN VOLUME 'A', PAGES 41 — 43, MAP RECORDS, NUECES CO. , TX CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM Na F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED! 4/01/15 COMP. NO. PLAT—SH1 JOB N❑.! 03026 SCALE! 1' = 60' PLAT SCALE! SAME SHEET 1 OF 2 STATE OF TEXAS § COUNTY OF NUECES § WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), _ (TITLE), OF THIS THE DAY OF , 20 . NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS STATE OF TEXAS § COUNTY OF NUECES THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS RATNA POTTUMUTHU, P.E., LEED AP DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF CHAIRMAN PHILIP J. RAMIREZ, A.I.A., LEED AP 20 SECRETARY DANIEL M. GRIMSBO, P.E., A.I.C.P STATE OF TEXAS § COUNTY OF NUECES § I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF , 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF , 20 AT DAY OF , 20 OF SAID COUNTY IN VOLUME . PAGE O'CLOCK .M., AND DULY RECORDED THE AT O'CLOCK .M. IN THE MAP RECORDS INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY KARA SANDS, CLERK COUNTY COURT NUECES COUNTY, TEXAS Exhibit 1 Page 1 of 2 LOT 18 N W 0 0�IX J F1 O ow N Q Imo U 0s wih0 ("Io N o I- �LJcu ea U w00 ai >- 0 0 L. 0 0_ o6 CO CO Lv LO cu o Ll 0 00 cu z • LOT 18 CITY PARK LOT 19 N vw o_ N61'00' 00' W 108, 52' 11, �1- C3j 20 w 6678 SF 1 AS 10' UE � W 19 -4 10334 SF d. 21 6048 SF \et%..\\ , 118. 86' 22 6371 SF 2� 1 c ST2Y,<)A,� TO ti 10 11 12 13 10' UE BORDEAUX PLACE UNIT 1, BLK 2, V. 61, P. 179 - 181, M. R. 14 S61° 00 15 ' 00"E 6 16 7. 49' FD 5/8" I. R. 6' o.4) ISS \ 60' ROAD ROW, V. 1676, P. 452, D. R. S61° 00' 00" E 455, 00' 91. 74' 18 :" 6756 SF ; 2Q' YR 4"I 61' 89. 80' 10' UE 17 11107 SF 16 m 6316 SF 61' 00' 00' E 99. 92' • 12 12679 SF N3c,. 106 31�. 8 13 6068 SF 0 071 -2-837T2'- 1 83 ' 1 13812 SF' S61'00' 00' E 236. 05' O- S tifj6\ /l \ 0 v' S \ 8.' lam. ups, O- \c'8. c36.7 S61°00' 00"E 77, 2 11027 SF 1/ 196. 38' 6S\ �9- �O- 579 FD 5/8' I. R. - FD 5/8' I. R. w • 0 0 rZ w 0 0 co 3 9004 SF 156. 71' \ N_ 1->. \ S 1 .9F "?8. 7270 SF \ " ? 4. N61'00' 00' W\ \ 65. 03' - _F46.75, 10' UE s� d? - o N 20' YR 11 u� 7721 SF 6 v 0% •r c' N61'00' 00'W1 92. 07' 15 7198 SF N29°00' 00' E 12. 05' 10' YR 110. 00' in N in N 24 7865 SF 120. 96' " -FD 5/8' I, R. LOT 19 \ FB & EF & GT, PORTION SECTI❑N 20, LOT 18, CITY OF CC 0, 049 AC. TRACT, DOC, NO, 2007014899, O. R. 92. 13' 14 7203 SF N29'00' 00' E 12. 23' 110.00' Lt. N61'00' 00' W 220. 00' ST MERE EGLISE DR 71.90' 25' YR 0 O 0 26 7909 SF 71. 90' 40, 8` U LJ J J > o tY 11.1 > w6.2 25' 0 25' .•� 0 �- \ �\ Ci /in co�O 0'. N z 146. 67' 2 9922 SF 104, 57' N\ 109 4 Ar N 60' DE, SEE NOTE 5 cO 347' N61'00' 00' W 198. 44' 3 12560 SF y0 ABOVE 5 UE 58, 00' Lc) r; 0 N N29' 00' 00' E 0 O N 11751 SF w 0 0 0 O z 6 5. 17' 46' 17 18 59. 83' 7 11994 SF Io 0 N wI �I 25' YR I 10' UE ,J 59. 8a' S61' 00' 00' E 65. 00' 1J BROOKE RD S61'00'000'E 65 1:3%. N61'00' 00' W 65. 00' 10' UE 25' YR co9- N61' 00' 00' W 235. 52' 5' UE 5' UE 78. 60' ui 10 10647 SF 55 0 O 0 0" N o5 9 6332 SF 00' 00' E /561' 92. 13' 8 7203 SF T 110. 46' 4 7204 SF � \ \ cP N61' 00' 00' W G\, N\ 1 136. 49' 5 8433 SF N61' 00' 00' W N29' 00' 00' E 12. 23' 110. 00' 10' YR L_ 153. 22' 6 9161 SF N61'00' 00' W 161. 74' W\� CO o io 1 i 1m la 7 10566 SF' N29' 00' 00' E 20. 06' 153. 13' 589' 49' 03' E 628. 13' ' 561' 00' 00' E 535. 22' 65. 00' 0 O 0 27 7150 SF 10' UE 65. 00' 65, 00' 0 O 0 28 7150 SF 65. 00' 65. 00' 0 0 0 29 - 7150 SF 65. 00' S29' 00' 00' W N61° 00' 00" W 933. 22' 65. 00' 5' 30 7150 SF 65. 00' -5' N61'00' 00' W 263. 13' EE 65. 00' 0 31 7150 SF 65. 00' 20' DE, DOC, 2011039360, 0. P. R. FB & EF & GT, SECT 20, PORTI❑N LOTS 19, 20 AND 29 AND ALL OF LOT 30, CC I SD, 35. 98 AC. TRACT, DOC. 2011039359, 0. R. , TO CL BRONX AVE. in N 13 ZIN 0•' in N LJ 65. 00' - 5S 00' 1 ci CZ 0 z O 0 0 O 0 25' YR 32 7150 SF 65. 00' S29' 00' 00' W 0 O 33 7129 SF w I} 65. 00' LOT 19 LOT 20 w 0 O O O 0 b O 0i o N N Z (4 30' ce 3 10708 SF r1 d zd • 08' ' `, 132, 12 U 0d 0 1- z w w >- v� <w o ca w0 I -CC or z r- 0 C') F -Z S61°00' 00"E 60, 00' 10' UE 4 8991 SF N7 o• 08' 20' W 115.87' 5 8446 SF N61'00' 00' W 114. 44' 6 7576 SF 29' 00' 00' E 20. 06' 10' YR -5`--EE- - AOD=15'20' 57' R=570. 00' T=76. 81' L=152. 70' CB=N25° 31' 07' W CH=152. 24' 0 D=06' 18' 48' R=630. 00' T=34. 74' L=69. 42' CB=N21' 00' 02' W CH=69. 38' OD=87' 26' 51' R=15. 00' T=14. 35' L=22. 89' CB=N61' 34' 04' W CH=20. 74' OD=44'17' 30' R=200. 00' T=81. 40' L=154. 61' CB=N83' 08' 45' W CH=150. 79' OD=43'37' 50' R=140. 00' T=56. 04' L=106. 61' CB=N82' 48' 55' W CH=104. 05' O D=87'29' 21' R=15. 00' T=14. 36' L=22. 90' CB=N31' 37' 29' E CH=20, 74' S22° 57' 15" W 198. 24' �N61'00'00'W 110. 10' N S61' 00' 00' E 160. 22' ' in I F -L T 55. 00' 5' EE 561'00' 00'E 120. 22' 0 0 O L.1 0 0 0 0'. N 30' z P 1 ILa 7129 SF ceIr 0 Iw Io 65. 00' S29' 00' 00' W 65. 22' 0 0 25' YR in 2 r:I 7174 SF 0I 65, 22' 15' UE 32 31 MANHATTAN ESTATES UNIT 5, BLK 1, 1- V. 68, P, 298 - 300, M. R. S61°00' 00"E 10. 12' CURVE DATA OD=41'07' 11' O D=100'03' 43' R=500. 00' R=20. 00' T=187. 54' T=23. 86' L=358. 84' L=34. 93' CB=N08' 26' 25' E CB=N25' 15' 31' E CH=351, 19' CH=30. 66' OD=90' 00' 00' R=10. 00' T=10. 00' L=15. 71' CB=N16° 00' 00' W CH=14. 14' OD=287' 27' 56' R=56. 00' T=41, 09' L=280. 96' CB=N61' 02' 22' W CH=66, 25' 0 D=90' 00' 00' O D=287' 23' 13' R=10. 00' R=56. 00' T=10. 00' T=41. 15' L=15. 71' L=280. 89' CB=N74' 00' 00' E CB=561' 00' 00' E CH=14, 14' CH=66. 32' OD=90'00' 00' R=10, 00' T=10. 00' L=15, 71' CB=S 16' 00' 00' E CH=14. 14' OD=41' 24' 35' R=35. 00' T=13. 23' L=25. 30' CB=N81' 42' 17' W CH=24. 75' D=177' 41' 58' R=45. 00' T=2241. 06' L=139. 56' CB=N13' 33' 36' W CH=89. 98' O O \ 37' R TEMPORARY TURNAROUND EASEMENT, DOC. O NO. , O.R. \ Iw 30 � POD=53' 41' 36' R=20. 00' T=10. 12' L=18. 74' CB=S55' 50' 48' W CH=18, 06' QOD=53' 41' 36' R=20. 00' T=10. 12' L=18. 74' CB=NO2' 09' 12' E CH=18, 06' OD=46' 50' 38' R=440. 00' T=190. 61' L=359. 74' CB=505' 34' 41' W CH=349, 80' MAY 2 02015 MAY 2 2015 PLANNING COMMISSION PLAT OF BORDEAUX PLACE UNIT 4, (CONTINUED) CORPUS CHRISTI, NUECES CO., TX BASS & WELSH ENGINEERING FIRM NO, F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 PLOT DATE! 5/15/15 FILE, PLAT-SH2.DWG JOB N❑.1 03026 SCALE, 1' = 60' PLAT SCALE! SAME SHEET 2 OF 2 Exhibit 1 Page 2 of 2 CITY PARK �� \� \\\ N l4 00 � N 1 \ . \ \\ \\\\.\\\ \ \\ rOx \\ \\ 2 t� OO \\\\\ N 60',/o -tiq \\\\\ \.\ �\ 00 OBJ, ‘� 2s/i)1/ O \\ \\ I \ \\ \\ 3 tio�99sr c �,� r�OJ �T� \\\ \\\ goo o� T c> T 2'‘ \\ I1 �9 l� J'•\ Q- \\�\ I In c��, \ ,� `0 F i% 0 ��y \\\ \ \\ 4 8x \ \\\ \ 00 \\ \\ \ \\ \\ BORDEAUX PLACE UNIT 1, BLK 2, V. 61, P. 179 - 181, M. R. 10 / 11 EXHIBIT SHOWING BROCKHAMPTON IMPROVEMENTS AT PARK 1~=60' 0 30' 60' 120' SCALE: 1"= 60' Exhibit 2 1 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 03026, SCALE: 1" = 60' PLOT SCALE: SAME, PLOT DATE: 8/18/15, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 BORDEAUX PLACE UNIT 4 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 7/24/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 STREET & SURFACE ITEMS (NOT AT PARK) QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 4233 LF 14.00 59,262.00 2. 4" THICK R/C WALK 17143 SF 3.50 60,000.50 3. 5' RC VALLEY GUTTER 163 LF 60.00 9,780.00 4. 4" HMAC 0 SY 0.00 0.00 5. 8" CRUSHED LIMESTONE BASE TO 2' BC 5294 SY 17.00 89,998.00 6. 2" HMAC 8171 SY 17.00 138,907.00 7. 6" LIMESTONE BASE 5264 SY 15.00 78,960.00 8. 8" LIME STABILIZED SUBGRADE TO 2' BC 10558 SY 7.00 73,906.00 9. EXCAVATION 1 LS 48,000.00 48,000.00 10. CLEARING AND GRUBBING 1 LS 8,500.00 8,500.00 11. STREET SIGNS 4 EA 200.00 800.00 TOTAL STREET & SURFACE ITEMS (NOT AT PARK) $568,113.50 STREET & SURFACE ITEMS AT PARK QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 404 LF 14.00 5,656.00 2. 4" THICK R/C WALK 1608 SF 3.50 5,628.00 3. 2" HMAC 792 SY 17.00 13,464.00 4. 8" CRUSHED LIMESTONE BASE TO 2' BC 972 SY 17.00 16,524.00 5. 8" LIME STABILIZED SUBGRADE TO 2' BC 972 SY 7.00 6,804.00 6. EXCAVATION 1 LS 3,000.00 3,000.00 7. CLEARING AND GRUBBING 1 LS 1,000.00 1,000.00 TOTAL STREET & SURFACE ITEMS (AT PARK) $52,076.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 1394 LF 48.00 66,912.00 2. 10" PVC PIPE 2117 LF 54.00 114,318.00 3. 12" PVC PIPE 656 LF 42.00 27,552.00 4. 14" CASING PIPE BORED IN PLACE (NO OPEN CUT) 22 LF 200.00 4,400.00 5. DROP CONNECTION FOR 8" PIPE 3 LF 1,100.00 3,300.00 6. DROP CONNECTION FOR 10" 3 LF 1,200.00 3,600.00 7. MANHOLE 13 EA 3,500.00 45,500.00 8. 4" OR 6" PVC SERVICE 48 EA 450.00 21,600.00 TOTAL SANITARY SEWER ITEMS $287,182.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 148 LF 36.00 5,328.00 2. 18" RCP 676 LF 38.00 25,688.00 3. 21" RCP 86 LF 55.00 4,730.00 4. 5' INLET 9 EA 3,200.00 28,800.00 5. ADJUST MANHOLE 1 EA 2,500.00 2,500.00 TOTAL STORM SEWER ITEMS $67,046.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 1380 LF 32.00 44,160.00 2. 8" CAP TAPPED FOR 2' 1 EA 200.00 200.00 3. 8" TEE 2 EA 250.00 500.00 4. 8" CROSS 2 EA 425.00 850.00 5. 8" EL ANY ANGLE 5 EA 200.00 1,000.00 Exhibit 3 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 6. 8" GATE VALVE 4 EA 1,100.00 4,400.00 7. FIRE HYDRANT W/BOX 3 EA 3,200.00 9,600.00 8. 6" PVC PIPE 1052 LF 29.00 30,508.00 9. 6" TEE, DI 1 EA 250.00 250.00 10. 6" EL, 90* DI 4 EA 200.00 800.00 11. 6" X 30" PVC NIPPLE 9 EA 150.00 1,350.00 12. 6" GATE VALVE W/ BOX 7 EA 900.00 6,300.00 13. 2" PE PIPE 880 EA 18.00 15,840.00 14. 2" GATE VALVE 4 EA 525.00 2,100.00 15. DOUBLE WATER SERVICE 22 EA 665.00 14,630.00 16. SINGLE WATER SERVICE 4 EA 550.00 2,200.00 TOTAL WATER ITEMS $134,688.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. BLANK 2" AND 4" CONDUIT FOR AEP 150 LF 15.00 2,250.00 2. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 3. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 5018 LF 2.00 10,036.00 4. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 TOTAL MISCELLANEOUS ITEMS TOTAL CONSTRUCTION $16,786.00 $1,125,891.50 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 BORDEAUX PLACE UNIT 4 CITY REIMBURSEMENT ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/06/15 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 A. STREET & SURFACE ITEMS AT PARK QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 404 LF 14.00 5,656.00 2. 4" THICK R/C WALK 1608 SF 3.50 5,628.00 3. 2" HMAC 792 SY 17.00 13,464.00 4. 8" CRUSHED LIMESTONE BASE TO 2'BC 972 SY 17.00 16,524.00 5. 8" LIME STABILIZED SUBGRADE TO 2'BC 972 SY 7.00 6,804.00 6. EXCAVATION 1 LS 3,000.00 3,000.00 7. CLEARING AND GRUBBING 1 LS 1,000.00 1,000.00 CITY PORTION $52,076.00 B. STREET & SURFACE ITEMS - OVERSIZE 28'BB TO 40'BB QUANTITY UNIT UNIT PRICE AMOUNT 1. 2" HMAC (OVERWIDTH) 1443 SY 17.00 24,531.00 2. 8" CRUSHED LIMESTONE BASE (OVERWIDTH) 1443 SY 17.00 24,531.00 3. DIFFERENCE IN PRICE BETWEEN 2" & 4"CRUSHED LIMESTONE BASE (OVER DEPTH) 2867 SY 4.25 12,184.75 4. 8" LIME STABILIZED SUBGRADE (OVERWIDTH) 1443 SY 7.00 10,101.00 CITY PORTION PART A PART B $71,347.75 $52,076.00 $71,347.75 SUBTOTAL $123,423.75 10% ENGINEERING, SURVEYING & TESTING $12,342.38 TOTAL $135,766.13 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of IIP1 Corpus Christi tioroloollftrameo DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi zip: 78463 FIRM is: ❑ Corporation VrPartnership ['Sole Owner ❑ Association ['Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 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 N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi (Print) Title: Director Signature of Certifying Person: 7114,4-4,4, Date: 7-17-2015 K: \DEVELOPMENTSVCS\SHARED \LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12. DOC Exhibit 5 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL \2012\DISCLOSURE OF INTERESTS STATEMENT 1.27.12. DOC Exhibit 5 Page 2of2 Vicinity Map Vicinity Map - Bordeaux Place Unit 4 1 Aerial Overview BORDEAUX PLACE - UNIT 4 AERIAL OVERVIEW MAP t N Aerial Aerial - Bordeaux Place Unit 4 'Atok,e,., 4'1'22 Va RI E/7 ''1,/12,,,,, IH 3i GR ,,,;444.2„: - Vicinity Map ▪ m v Ck Zg 4w SRA '." Fro 42 T e p,,,,, p ti VS 2 o ▪ • CR 14 S Fe i CR 12 = Ci FM Al 2i S WtNJFC4n WI NN N 3 AGENDA MEMORANDUM Future item for the City Council Meeting of September 8, 2015 Action item for the City Council Meeting of September 15, 2015 DATE: August 3, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Construction Contract Santa Fe Street from Elizabeth Street to Hancock Avenue (BOND 2014) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas - Anderson, Inc. of Corpus Christi, Texas in the amount of $1,240,447.35 for Santa Fe Street from Elizabeth Street to Hancock Avenue for the total Base Bid for a mill and overlay roadway with full depth repairs as required and recommended by the design engineer. (Bond 2014) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Haas -Anderson, Inc., for the Santa Fe Street from Elizabeth Street to Hancock Avenue Bond 2014 project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2014, Proposition No. 1 Street Project by the community in the general election held in November 4, 2014. Brochure Description: "Santa Fe Street from Elizabeth to Hancock $1,600,000. This project includes full -depth repair of the existing two and three lane roadway. It is an existing one way, C-1 minor collector. The recommended improvements for the road include considering the roadway as a candidate for a reduction in capacity through elimination of one travel lane. Other improvements include curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Consideration is being given to the addition of bike lanes, which is consistent with the guidelines of the Mobility CC plan." Ordinance Language: "Designing, constructing, renovating, improving, constructing, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects...Santa Fe Street, generally from Elizabeth Street to Hancock Avenue." This project provides for improvements to five blocks of Santa Fe from Hancock to Elizabeth. The first block of Santa Fe from Hancock to Bufford is a 2 -lane southbound one-way traffic section with no dedicated parking or bike lanes. The next four blocks of Santa Fe from Bufford to Elizabeth is a 3 -lane southbound one-way roadway with dedicated parking only on the west side. The existing pavement is typically 10" Hot Mix Asphalt Concrete (HMAC) with base and subgrade that is experiencing a range of distresses from surface cracking and rutting to full depth failures. The proposed project provides for a new street configuration for a 2 -lanes (one-way) with dedicated parking on the east (left) side and dedicated bike paths on the west side for the entire 5 -block section. The scope includes milling and overlay of the existing HMAC pavement with full depth repairs as required. Additional work under this contract includes select curb and gutter replacement, storm water inlets, new ADA ramps and sidewalk improvements, driveways, signs and markings and other miscellaneous improvements. Water and wastewater lines in this location along Santa Fe will be upgraded through the City's Capital Improvement Program Project for Indefinite Delivery / Indefinite Quantity (IDIQ) lifecycle program prior to work beginning on the street project proposed in this contract. On July 8, 2015, the City received proposals from two (2) bidders and the bidders: Contractor Base Bid Haas -Anderson Corpus Christi, Texas $1,240,447.35 Bay, Ltd. Corpus Christi, Texas $1,381,311.55 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Maverick Engineering, Inc. conducted a bid analysis of the two (2) proposals submitted in response to the City's bid solicitation. Maverick Engineering found that Haas -Anderson, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $342,588.50 $1,495,920.76 $0.00 $1,838,509.26 Encumbered / Expended Amount $342,588.50 $11,060.50 $0.00 $353,649.00 This item $0.00 $1,240,447.35 $0.00 $1,240,447,35 Future Anticipated Expenditures This Project $0.00 $240,868.74 $0.00 $240,868.74 BALANCE $0.00 $3,544.17 $0.00 $3,544.17 Fund(s): ST 15 RECOMMENDATION: City staff recommends that the construction contract be awarded to Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $1,240,447.35 for Santa Fe Street from Elizabeth Street to Hancock Avenue for the total Base Bid and that the revised scope be approved. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Santa Fe Improvements from Elizabeth to Hancock BOND ISSUE 2014 FUNDS AVAILABLE: Street CIP $1,700,000.00 Storm Water CIP 69,254.63 Wastewater CIP 36,012.41 Water CIP 33,242.22 TOTAL $1,838,509.26 FUNDS REQUIRED: Construction (Haas -Anderson) $1,240,447.35 Contingency (10%) 124,044.74 Design Fees: *Design Engineer (Maverick Engineering) 353,649.00 Construction Materials Testing (Rock) 10,418.00 Construction Inspection (Estimate) (2.75%) 50,559.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (1.5%) 23,077.00 Engineering Services (Project Management/Construction Management) (2%) 30,770.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $1,834,965.09 ESTIMATED PROJECT BUDGET BALANCE $3,544.17 * Original Contract approved on February 18, 2014 by Motion #030097. Corpus Christi Bay ear #4441i4.4N 4. r+ 0 0 0 N ah S. Staples S I t ;it t. LOCATION MAP PROJECT LOCATION NOT TO SCALE 4.42 PROJECT: E13100 Santa Fe St. ( Elizabeth St. to Hancock St. ) BOND 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 ‘t• Corpus Chr sti Capital Programs Santa Fe Street from Elizabeth Street to Hancock Street BOND 2014 Council Presentation September 8, 2015 Project Scope Corpus Chr sti Capital Programs Project includes: • Mill and overlay, proposed 1 -way, 2 travel lanes (shared use). • ADA ramps, Concrete sidewalk repairs. • Valve adjustments and inlet repairs. • Signs and striping Project Schedule Corpus Chr sti Capital Programs 2014 2015 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Design Jun Jul Aug Bid Project Estimate: 94 Calendar Days 3 Months Sep Oct Nov Dec Construction AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 8, 2015 Second Reading for the City Council Meeting of September 15, 2015 DATE: August 18, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 14333 Northwest Boulevard CAPTION: Case No. 0815-01 Balusek-Frankson: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. PURPOSE: The purpose of this item is to rezone the property to allow a commercial use, such as a self -storage facility. RECOMMENDATION: Planning Commission and Staff Recommendation (August 12, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District to allow the construction of a self -storage facility. The Future Land Use Plan designates the property as medium density residential, therefore, the requested "CG -2" General Commercial District is seemingly not consistent with the Future Land Use Plan. Through analysis, however, Staff finds the designation of Lot 1 in its entirety as "CG -2" General Commercial District to be appropriate. Staff further finds that the requested "CG -2" designation conforms to the goals and land use policies contained in the Comprehensive Plan and the Northwest Area Development Plan. The rezoning is compatible with the surrounding developments, and would not have a negative impact on surrounding properties and the subject property is suited for the proposed project. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and conforms with the policies contained therein. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital aA 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 LIST OF SUPPORTING DOCUMENTS: Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Balusek-Frankson on behalf of Fox Tree and Landscape Nursery, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 2.968 acres out of Lot 1, Encino Park, from the "FR" Farm Rural 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 Balusek-Frankson on behalf of Fox Tree and Landscape Nursery ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 12, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District, and on Tuesday, September 8, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Balusek-Frankson on behalf of Fox Tree and Landscape Nursery ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69, from the "FR" Farm Rural District to the "CG -2" General Commercial District (Zoning Map No. 068050), 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 Zoning Map 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. The Future Land Use Map is hereby amended from a designation of medium density residential uses to commercial uses. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0815-01 Balusek-Frankson Page 2 of 2 FIELDNOTE DESCRIPTION FOR 2.968 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 2.968 acres of land situated in Lot 1 of Encino Park as recorded in Volume 59, Page 116 of the Map Records of Nueces County, Texas. BEGINNING at a point in the western line of said Lot 1 of Encino Park, said point bears S. 10° 00' 00" W., a distance of 600.00 feet from an existing 518 inch iron rod in the south right-of-way line of Northwest Boulevard marking the northwest corner of Encino Park, said point being the northwest corner of the herein described tract of land; THENCE, S. 84' 09' 00" E., a distance of 140.86 feet to a point in the common line of said Lot 1 of Encino Park and Lot 2A, Martin Plaza as recorded in Volume 58, Page 75 of the Map Records of Nueces County, Texas, said point marking the northeast corner of the herein described tract of land; THENCE, S. 10`' 00' 00" W., (base bearing) a distance of 920.30 feet along said common line of Lot 1, Encino Park and Lot 2A, Martin Plaza to a point at the southeast corner of Encino Park and the herein described tract of land; THENCE, N. 84° 09' 00" W., a distance of 140.86 feet along the south line of said Encino Park to the southwest corner of Encino Park and the herein described tract of land; THENCE, N. 10° 00' 00" E., a distance of 25.50 feet to an existing 5/8 inch reference iron rod and CONTINUEING 894.80 feet for a TOTAL DISTANCE OF 920.30 feet along the west line of Encino Park to the PLACE OF BEGINNING, containing within these metes and bounds 2.968 acres of land. I hereby certify that the above fieldnote description is based on the recorded plat of Encino Park and is true and correct to the best of my knowledge and belief. A. C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 Dated Z Elvne _2012 12-008 Calagen hlinsstorap Fieldttoie Dexnlxmnl 2.463 ACM 110c Exhibit "A" ZONED "FR' ZONING LINE (TYP.) N 10°00'00" E 920.30' 2.968 ACRES 5 10"00'00" W LOT 2A, BLOCK 1 MARTIN PLAZA VOL. 58, PG. 75 MAP RECORDS. NUECES COUNTY, TEXAS 920.30' ZONED "CG -2" SCALE: 1" = 200' ■ 1 v, I RF .I.I.e././.e.Iwl.l.e I.I.F.1 eisim i � a s 10.00 00 W 600.0, ZONED "CG -2" ■ 1 1 �^ ZONED "CG -2" IRF LOT 1, BLOCK 1 MARTIN PLAZA VOL. 58. PG. 75 MAP RECORDS, NUECES COUNTY, TEXAS ZONING PLA T 2. 968 ACRES SI TUA TED IN LOT 1. ENC I NO PARK VOLUME 59, PACE 116 MAP RECORDS. NUECES COUNTY, TEXAS CORPUS CHRISTI . TEXAS 0 PLANNING COMMISSION FINAL REPORT Case No. 0815-01 HTE No. 15-10000042 Planning Commission Hearing Date: August 12, 2015 Applicant & Legal Description Applicant/Representatives: Balusek-Frankson Property Owner: Fox Tree & Landscape Nursery, Inc. Legal Description/Location: Being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. Zoning Request From: "FR" Farm Rural To: "CG -2" General Commercial District Area: 2.968 Purpose of Request: To allow construction of a self -storage facility with upper -story residential unit. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Medium Density Residential, North "CG -2" General Commercial Commercial Commercial South "FR" Farm Rural Vacant Low Density Residential East "CG -2" General Commercial Commercial Commercial West "FR" Farm Rural Vacant Medium Density Residential ADP, Map & Violations — Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan with respect to land use, however, the proposed rezoning is generally consistent with the policies of the Comprehensive Plan and the Northwest Area Development Plan. Map No.: 068050 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property is a portion of a lot that has approximately 140 feet of frontage on Northwest Boulevard (FM 624). The most northerly portion of the lot (1.935 acres) is zoned "CG -2" General Commercial. § p Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2012) Northwest Boulevard (FM 624) "A3" Primary Arterial Divided 130' ROW 79' paved 155' ROW 92' paved 31,060 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District to allow the construction of a self - storage facility. Development Plan. Upon approval of a change in zoning, the applicant intends to develop a self -storage facility on Lot 1 which in its entirety is comprised of 4.903 acres. The facility is planned to consist of four (4) buildings. Building one will include a two- story area for an office (1St floor) and an on-site manager's residence (2nd floor). The anticipated maximum height of building one is 19'-6". The size of the buildings will range in area from 12,000 square feet to 20,000 square feet. The buildings will be pre- engineered metal buildings with a 9'-6" eaves height. Office hours of operation will be 8:00 a.m. to 6:00 p.m. with occasional night entry of the storage units. No signage is anticipated on the portion of the lot being rezoned (most southerly 2.968 acres of Lot 1). A site plan has been provided depicting how development is envisioned to occur (Attachment 2). Existing Land Uses & Zoning: North of the subject property is zoned "CG -2" General Commercial and was previously developed as a landscape nursery. The property South of the subject property is vacant land which is zoned "FR" Farm Rural District. The property immediately East of the subject property is developed with commercial office uses and is zoned "CG -2" General Commercial District. The property West of the subject property is vacant land that is zoned "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted and is legally described as Encino Park, Lot 1. A plat of the subject property was recorded in January of 1999. (Volume 59, page 116). Comprehensive Plan & Area Development Plan Consistency: The Future Land Use Plan designates the property as medium density residential, therefore, the requested Planning Commission Final Report Page 3 "CG -2" General Commercial District is seemingly not consistent with the Future Land Use Plan. Through analysis, however,Staff finds the designation of Lot 1 in its entirety as "CG -2" General Commercial District to be appropriate. Staff further finds that the requested "CG -2" designation to generally conform to the goals and land use policies contained in the Comprehensive Plan and the Northwest Area Development Plan. Specifically, the following goals and policies are applicable to this request. ■ Encourage the renovation or rehabilitation of commercial properties. (General Commercial Policy Statement) ■ 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 neighborhood (Comprehensive Plan, Commercial Policy Statement D). ■ Encourage all business areas to develop and maintain a pleasing environment. (Comprehensive Plan, Commercial Policy Statement E) ■ Commercial Service areas designed to serve local neighborhoods should be conveniently located in harmony why the surrounding neighborhood. Comprehensive Plan, Commercial Policy Statement G). ■ Infill development should be encouraged on vacant tracts within developed areas. (Comprehensive Plan, Residential Policy Statement H) Uniform Development Code (U.D.C.) Per U.D.0 Table 4.5.2 Permitted Uses (Commercial Zoning Districts), a self storage facility is a permitted used in the "CG -2" General Commercial District subject to limitations. U.D.C. Section 5.2.14 Self -Service Storage, Including Boat and RV Storage, details the limitations pertaining to self storage facilities. Applicable limitations are summarized as follows: ■ Use of the facility and its individual storage units shall be limited to storage purposes. ■ A gated facility requires a minimum of four off-street vehicle stacking spaces. ■ No direct glare from lighting on the site shall be visible from any adjoining lot. A leasing office and a caretakers quarters are permitted accessory uses to the primary use (U.D.C. Section 5.1.4.H). Department Comments: ■ The designation of Lot 1 in its entirety as "CG -2" General Commercial District is appropriate. ■ The designation of the southerly portion of lot 1 and the subsequent development thereof will not have an adverse impact on adjacent medium density residential land. Planning Commission Final Report Page 4 ■ The designation of the southerly portion of lot 1 will not alter the character of the area in which it is located. ■ The requested "CG -2" designation generally conforms to the goals and land use policies contained in the Comprehensive Plan and the Northwest Area Development Plan. ■ Development standards and requirements in the U.D.C.and adopted construction codes will ensure development occurs in a manner that will be compatible with future residential development. o Specific development requirements (including but not limited to drainage, setbacks, and infrastructure requirements) will be determined via a subsequent building permit process. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Public Notification Number of Notices Mailed — 7 within 200 -foot notification area 2 outside notification area As of August 18, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\0815-01 Balusek-Frankson (Fox Tree & Landscape)\Council Documents\Report for CC_0815- 01 Balusek-Frankson.docx CASE: 0815-01 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 SUBJECT PROPERTY LOCATION MAP City of Corpus Christi -40.0' IRRIGATION CANAL EASEMENT 2.968 ACRES BEING REZONED "CG -2" ZONED "CG -2" N 10°00`00" E 1520.30' 10' GTE EASEMENT Vr- I STORM WATER D£TEN N POND SAN. SPRAY AREA 1\ 215' BU/LD/NG 4 BUILDING 3 260' BUILDING 2 260' olW BUILD/NG 1 250' LOT 2A. BLOCK 1 MARTIN PLAZA VOL. 58. PG. 75 MAP RECORDS. NUECES COUNTY. TEXAS 5 10°00'00" W 1520.30' -THIS BUILDING MAY BE DIVIDED INTO Two BUILDINGS. SCALE: 1" = 200' 28.0' IRRIGATION CANAL EASEMENT LOT 1. BLOCK 1 MARTIN PLAZA VOL. 58. PG. 75 MAP RECORDS. NUECES COUNTY. TEXAS z rn m -4 CO e Co 111 cn m CP F N SITE PLAN LOT 1. ENC 1 NO PARK VOLUME 59, PAGE 116 MAP RECORDS, NUECES COUNTY. TEXAS CORPUS CHRIST 1. TEXAS /3- /O 7 e Q opus eyR, G d,, -4 _---SMap > - �3k 4 17152 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 0'-] I ��—� 7 No.: D6 ?0 5-0 PC Hearing Date: [ Z 1 s Proj.Mgr: Dolores Wood Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m_ • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Balusek-Frankson Contact Person : A.C.Frankson Mailing Address -308 E. Goodwin Ave. City: Corpus Christi, TX state. TX zip: 77901 Phone: (361 ) 578-9956 E-mail Cell. ( 361 ) 920-9956 2. Property Owner(s) Fox Tree & Landscape Nursery, Inc. Contact Person : Dan Caballero, President Mailing Address: 5949 La Costa City: Corpus Christi State TX ZIP 78413 Phone: (361 ) 992-6928 E-mail Cell; ( ) 3. Subject Property Address, 14333 Northwest Boulvevard Area of Request (SF/acres) 2.968 Current Zoning & Use FR,Vacant Proposed Zoning &Use CG -2, Storage Units 12 -Digit Nueces County Tax ID; 2328 - 0000 _ _ 0010 Subdivision Name'. Encino Park Block: 1 Lot(s) 1 Legal Description if not platted 4. Submittal Requirements Q Early Assistance Meeting: Date Weld March, 2012 , with City Staff Miguel Saldana ❑ Land Use Statement 9 Disclosure of Interest 9 Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent exhibit landowner with Future Land Use Plan) • Site Plan for PUD or Special Permit ■ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) • Lien Holder Authorization ❑ Appointment of Agent Form if is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review, that I am authorized to initiate this rezoning or on behalf of the Property Owner(s); and the informationprovided is accurate. a , C t� Owner or A nt's Sig ature Applicant's Signature Dan Caballero, President A. C. Frankson ` Owner or Agent's Printed Name Applicant's Printed Name .. ,, Office Use Only: Date Received: 7 -144-1.5"°Received By ADP. NIA NI Rezoning Feer rh 7a?. 5C 4i PUD Fes+ Sign Fee % D = Total Fee # / 7D Q • 61 No. Signs Required / © $10/sign Sign Posting Date 7/31/15 K.10EVELOPMENT5V;sSNAPEMANp UE •ELOPMENT APPLIrA-ION FORM54REZONINGIZcNINS APF_ICATION 2015 KOC Form Revised 5:1212015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Encino Park is a one lot subdivision consisting of 4.903 acres. The front 600 feet adjacent to Northwest Boulevard (FM 624) is presently zoned CG -2. The back 2.698 acres is presently zoned FR. Proposed zoning change will make the complete subdivision zoned CG -2. Existing property is vacant. At one time there was a nursery/landscape business on site. A change of zoning is requested to develop a self -storage facility encompassing the complete subdivision. The description below is for the complete facility encompassing both that portion which is presently zoned CG -2 and that portion being rezoned CG -2. At this time it is anticipated to be a four building facility. The front building will have a two-story office/manager's residence. The largest proposed building is 20,000 square feet in area. The smallest proposed building is 12,000 square feet in area. All buildings will be pre-engineered metal buildings and have a 9'-6" eave height. The office/manager's residence in Building 1 will be 19'-6" in height. The first floor will hold the office and the second floor will house the on-site manager. Employees will consist of the manager, a part-time assistant and a part-time maintenance person. Hours of operation: 8:00 am to 6:00 pm for the office with occasional night entry of units. No signage is anticipated on that portion being rezoned. 2. Identify the existing land uses adjoining the area of request: North - Vacant, zoned CG -2 South - Open field, zoned CG -2 East - Zoned CG -2 West - Open field, zoned CG -2 CUJSERSITANYAR.0000ESKTOP'DAILY USEIANNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Fox Tree & Landscape Nursery, Inc., Dan Caballero, President STREET: 5949 La Costa CITY: Corpus Christi, TX zip: 78413 FIRM is:®Corporation OPartnership ()Sole Owner OAssociation OOther 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 NA 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 NA 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 NA 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 NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan Caballero Title: President (Print Name) Signature of Certifying Person: Date: 7/T// v� KADEVELOPMENTSVCSZHAREDLLAN: v2VELOP MENTUPPLICATION FORMSIREZONING1OISCLOSURE OF INTERESTS STATEMENT_5.12.2015.0OC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every Question must be answered. If the question is not applicable, answer with "NA". NAME: Ganem & KeIIy Surveying, Inc. DBA Balusek-Frankson STREET: 308 E. Goodwin Avenue CITY: Victoria ZIP: 77901 FIRM is: O Corporation O Partnership ()Sole Owner O Association O Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A 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/A 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 N/A 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 N/A CERTIFICATE 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 621•G F7.; -o ICi of Corpus Christi exas as changes occur. /v_ 4,�, . Certifying Person: Gary J. KeIIy % ' Title: Vice President (Print Name) Signature of Certifying Person: Date: 07/14/2015 N.VDEVELOPMENTSVCSVSHAREDVLAND DEVELOPMENT ,xF;'LICAT FORMS'.R ELONING '' LOSURE OF INTERESTS STATEMENT, 5.12.2019 DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: A. C. (Courtland) Frankson Mailing Address: 308 E. Goodwin Ave. City: Corpus Christi, TXState: TX Zip: 77901 Home Phone: (361 ) 575-8968 Business Phone: i 361 1578-9956 Cell: ( 361 ) 920-9956 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. 1 understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "1", "my", or "me" is a reference to the entity. *Signature of Agent: a/ tiTitle: P.E. Printed/Typed Name of Agent: A. C. Frankson *Signature of Property Owner: Printed/Typed Name of Property Owner: Date: /r//, Title: President Dan Caballero for Fox Tree & Landscape Nursery, Inc. % Date: 05". *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W Broan.APPOINTMENT OF AGENT?-19-09.dor FIELDNOTE DESCRIPTION FOR 2.968 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 2.968 acres of land situated in Lot 1 of Encino Park as recorded in Volume 59, Page 116 of the Map Records of Nueces County, Texas. BEGINNING at a point in the western line of said Lot 1 of Encino Park, said point bears S. 10° 00' 00" W., a distance of 600.00 feet from an existing 518 inch iron rod in the south right-of-way line of Northwest Boulevard marking the northwest corner of Encino Park, said point being the northwest corner of the herein described tract of land; THENCE, S. 84' 09' 00" E., a distance of 140.86 feet to a point in the common line of said Lot 1 of Encino Park and Lot 2A, Martin Plaza as recorded in Volume 58, Page 75 of the Map Records of Nueces County, Texas, said point marking the northeast corner of the herein described tract of land; THENCE, S. 10`' 00' 00" W., (base bearing) a distance of 920.30 feet along said common line of Lot 1, Encino Park and Lot 2A, Martin Plaza to a point at the southeast corner of Encino Park and the herein described tract of land; THENCE, N. 84° 09' 00" W., a distance of 140.86 feet along the south line of said Encino Park to the southwest corner of Encino Park and the herein described tract of land; THENCE, N. 10° 00' 00" E., a distance of 25.50 feet to an existing 5/8 inch reference iron rod and CONTINUEING 894.80 feet for a TOTAL DISTANCE OF 920.30 feet along the west line of Encino Park to the PLACE OF BEGINNING, containing within these metes and bounds 2.968 acres of land. I hereby certify that the above fieldnote description is based on the recorded plat of Encino Park and is true and correct to the best of my knowledge and belief. A. C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 Dated Z Elmne2012 12.008 Calallrn AlinsstorageFeldnoie Dexnlxmnl 2.463 Ane Joc ZONED "FR" ZONING LINE (TYP.) N 10°00'00" E 920.30' 2.968 ACRES 5 10"00'00" W LOT 2A, BLOCK 1 MARTIN PLAZA VOL. 58. PG. 75 MAP RECORDS. NUECES COUNTY, TEXAS 920.30' ZONED "CG -2" SCALE: 1" = 200' ■ 1 v, I RF .I.I.e././.e.Iwl.l.e I.I.F.1 eisim i � a s 10.00 00 W 600.0, a ZONED "CG -2" a 1 1 �^ ZONED 'CG -2" IRF LOT 1, BLOCK 1 MARTIN PLAZA VOL. 58. PG. 75 MAP RECORDS, NUECES COUNTY, TEXAS ZONING PLA T 2. 968 ACRES SI TUA TED IN LOT 1. ENC I NO PARK VOLUME 59, PAGE 116 MAP RECORDS, NUECES COUNTY, TEXAS CORPUS CHRISTI . TEXAS 0 PEAK HOUR TRAFFIC (PHT) FORM (131_, Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 14333 Northwest Boulevard Legal Description (Subdivision, Lot, Block): Encino Park, Leet 1 Applicant Name: A. C. Frankson Address: 3118 E Goodwin Ave. Telephone: 361'5784956 City/State/Zip: Victoria, TX 77901 Email: bfai@gksurveying.com Application Status (Select One)• 0 Rezoning Site Planj JStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A:M. Trips P.M. Trip Rate Peak P.M. Trips 2.968 hour FR Vacant 151 e0.18 -46 jar ....W 7 I, 2,y 0 SF 0 Y?) Zn 0114 2 % Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M Trips P.M. Trip Rate Peak P.M, Trips 2.968 hour CG -2 SelfStorageUnils 151 e0.18 -46 jar ....W 7 I, 2,y 0 SF 0 Y?) Zn 0114 2 % Total jr' Total „...215. Zee Abutting Streets 2{ Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Exist. zoned CG -2 served by Northwest Blvd. (FM 624) Northwest Blvd. 90' +1- 150' For City Use Only El A Traffic Impact Analysis J5 required. The consultant preparing the TIA must meet with ®the City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not fj exceed the established threshold. I The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. BALUSEK-FRANKSON ENGINEERS -SURVEYORS ENGINEERING FIRM — 9183 SURVEYING FIRM 10177100 308 E. Goodwin Avenue Victoria, Texas 77901 Phone (361) 578-9956 Fax (361) 573-6991 July 14, 2015 Ms. Beverly Priestly beverlyp@cctexas.com Dear Ms. Priestley: According to Mr. Caballero, President liens on the above captioned property. Please advise if you require additional Sincerely yours, R F : Job No.: 12-008 Zoning Application Fox Tree and Landscape Nursery, Inc. 2.968 Acres Corpus Christi, Texas of Fox Tree and Landscape Nursery, Inc., there are no information. Z Elainr_UI'_ 12•008 Calallcn Miaistorage L r I'ncsticy Zoning Applicatton.doc SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO, ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES, QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES, SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA LLAMANDO A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361) 826-3105. CITY COUNCIL PUBLIC HEARING NOTICE Rezoning Case No. 0815-01 Balusek-Frankson has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property to be rezoned is described as: Being 2.968 acres out of Lot 1, Encino Park, located south of Northwest Boulevard (FM 624) between River Hill Drive and County Road 69. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, September 8, 2015, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning. For more information, please call (361) 826-3105. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: Please Print ADDRESS: PHONE NO. ( ) IN FAVOR ( ) IN OPPOSITION REASONS: SEE MAP ON REVERSE SIDE HTE# 15-10000042 Property Owner ID: «FID» Signature Case No. 0815-01 Project Manager: Dolores Wood City of Corpus Christi City Secretary's Office P.O. Box 9277 Corpus Christi, Texas 78469 «FID» «TAXID» «NAME» «ADDRESS» «ADDRESS2» «CITY», «STATE» «ZIP» PdaRT R•9051.& G-2 a SUIDE T i PROPERTY CASE: 0815-01 5UBJECT PROPERTY WITH ZONING Submre Apperty n1,11-1 1la+1wRrlh FRF•2 dralf.*2 RYH itFAAPRIIY $RI PR2441+I1#41 MI* 1341 -AF YIER1.13!FAT ,CR -i RIhbRMrR6Y1 C:dSr4etik •l.r t__i Cosrwrcial <13.1 MlWri G7+�-• 2III CR -2 R#6.RI [trnnr.✓Lkl s t1.1 6ilRFraa Ga.RrtraW2 CG -2 6.Mf+It., tieekl CU) 62.1,232.,. Canrr.alr:al GR.9 R,.u-1 Cernn.rcul FR Form Rural k Wthik ii r:rr IFP imIllnow. Peri. Lir50.114. H 14.17 -,34. 1-.1 RM 1.4.-.41:11.1-2 Orv. 4r4•1.3 R9•10 Svr9u. Fsniy 12 RAS ION* F wiy i iita;1 lump Fyn14..15 R rrWM RJ•iF FY.g. Fan112 13 RE RaFk12.1121 1.1.4 ▪ 0-TH iu.ahmav 31P 1p421.I Formic FtI RW;+TWc.Mp Paeb q:11 lion taxa.. Hap,* SUBJECT PROPERTY MN' I I 1111 lieeeeeee� LOCAT ON MAF'Ch City o' ij Aerial Overview • • • #r loop iF . I. FM 683 F41624 FM 1074 Rai fi lirs WN ff �yy :i.::::::: .� RSR w :CR d4 CR 40c,14RpLIPAN Vicinity imcRCR 3a m ,iwv44 'P Map 'C FM 2826 LT 6 n BEAR O �© Z SI .- CR 2B U CR 2B ize s a u U FM 43 Q kc CS. U CR 24 FIN 685 T ti K CR 18 FNl 2444 ?? i h Cysp (:' U C7 IX V m C Y SCO U CR f4 = N 1 Aerial AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 8, 2015 Second Reading Ordinance for the City Council Meeting of September 15, 2015 DATE: August 25, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikemacctexas.com 886-2601 Ordinance amending Section 53-109, Code of Ordinances, to allow golf cart operation on North Beach CAPTION: Ordinance amending Chapter 53, Section 53-109 "Operation of golf cart" to allow golf cart operation on North Beach; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. PURPOSE: To allow for the operation of golf carts on North Beach. BACKGROUND AND FINDINGS: On December 14, 2010, City Council passed an ordinance allowing operation of golf carts on Mustang and Padre Island. Since passing there have been no accidents involving golf carts. The City of Port Aransas which requires licensed golf cars states the main issues they have involve under age drivers, passengers falling out on the beach, and thefts. Crashes involving vehicles and golf carts are rare. On August 24, 2015, the Transportation Advisory Committee gave a vote of support to add golf carts on North beach to the existing ordinance. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating ❑ 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 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends approval of ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 53, Section 53-109 "Operation of golf cart" to allow golf cart operation on North Beach; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 53, Section 109 is amended as follows: Sec. 53-109. - Operation of golf cart. As authorized under Texas Transportation Code Section 551.404(a), a person who holds a valid driver's license may operate a golf cart on a public highway with a posted speed limit of not more than thirty-five (35) miles per hour if: (1) The person is employed by a political subdivision of the State of Texas, and is performing a duty for the political subdivision that requires the operation of a golf cart owned by the political subdivision; (2) The person is crossing a public highway at a marked or designated crossing that connects portions of the golf course separated by the public highway; The person is employed by a restaurant, hotel, or tourist related business, and is transporting guests in a golf cart owned by the restaurant, hotel, or tourist related business, to and from the parking lots to the business; (4) The person is employed by a restaurant, hotel, or tourist related business, and is transporting supplies between two (2) facilities under common ownership in a golf cart owned by the restaurant, hotel, or tourist related business; If the golf cart is operated on a highway within the city limits on Mustang Island east of S.H. 361 and north of Packery Channel; or (6) If the golf cart is operated on portions of Mustang and Padre Island within the city limits that are south of Packery Channel,-. or (7) If the golf cart is operated on a highway within the city limits on North Beach (3) (5) east of U.S. 181 and north of the Harbor Bridge. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. Page 1 SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect after official publication. Page 2 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 8, 2015 Action Item for the City Council Meeting of September 15, 2015 DATE: August 31, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikemacctexas.com 886-2601 Ordinance amending Chapter 6 of the Code of Ordinances to modify the animal care ordinance CAPTION: Ordinance amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; requiring security fence and leash for dangerous dogs; establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. PURPOSE: Updating to current code of ordinances regarding animal care. BACKGROUND AND FINDINGS: The changes to the ordinance are: • Defined secure enclosure. Our ordinance did not have a clear definition of what was considered a secure enclosure for the animals that the city were deeming dangerous. Because of this, we were releasing dangerous animals back into the public without standards for the way the animals had to be secured on premises when not on a leash. • Changed the color of collar for Dangerous Dog from lime green to "bright colored" with the words "dangerous dog" printed on it. The former law required a lime green collar, and no one knew that lime green meant dangerous animal. We have a supplier lined up and ready to produce the collars that we can in turn sell to the people wishing to buy them from the city. • Tethering — added that an animal that is not in an enclosed/ secure back yard, must be kept on a running line, pulley, or trolley system. Animals can still be secured by tethering them to a fixed object for a period of time as long as it does not create an unhealthy situation for the animal. This change puts Corpus Christi in line with most of the cities in the State regarding tethering. These changes were approved by the Animal Care Advisory Committee on June 18, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable 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 BALANCE 0 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; Requiring security fencing and leashes for dangerous dogs; Establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Whereas, dangerous dogs escaping confinement has been a reoccurring issue; and Whereas, a tethering ordinance can prevent animal cruelty. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 6, Section 32 Dangerous dog registration, is amended as follows: Sec. 6-32. - Dangerous dog registration. (a) A dog found to be a "dangerous dog" as defined in V.T.C.A., Health and Safety Code ch Chapter 822, as it may be amended, must wear a dangerous dog registration tag issued annually by the aAnimal ECare sServices division upon a payment of the maximum fee allowed for a dangerous dog registration under V.T.C.A., Health and Safety Code eh Chapter 822, as it may be amended. The dangerous dog registration fee is listed in the fee schedule pursuant to section 6- 15 of this chapter. (b) A dangerous dog registration tag must be worn at all times by the dangerous dog attached to a lime green brightly colored, one -inch -wide collar with the words "Dangerous Dog" printed on the collar. (c) The owner of a dangerous dog shall present proof of the secure enclosure in which the dog will be kept, proof of liability insurance coverage or financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages that may result from an attack by the dangerous dog causing bodily injury to a person, and proof of compliance with other conditions as may be required by the aAnimal ECare sServices n4Manager and in addition to what may be required under V.T.C.A., Health and Safety Code eh Chapter 822, as it may be amended. (d) The aAnimal ECare sServices FRManager may require a dangerous dog to be removed from the city limits. SECTION 2. Chapter 6, Section 160 Dangerous Dog Fencing is created as follows: Sec. 6-160. - Dangerous dog fencing Not later than the 30th calendar day after the date a licensee or owner learns that he is the owner of a dangerous dog that is not to be humanely euthanized, the licensee or owner shall confine the dog in a secure enclosure. SECTION 3. Chapter 6, Section 161 Dangerous Dog leash is created as follows: Sec. 6-161. - Dangerous dog leash Any dangerous dog not in a secure enclosure shall be restrained at all times on a leash of sufficient strength to control the dog, no longer than six feet in length and in the immediate control of a person at any time the dog is not in a secure enclosure. SECTION 4. Chapter 6, Section 1 Definitions, is amended as follows: Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure means a fenced area or structure that is: (1) At least six feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two feet into the ground; (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing, jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and (7) Located no less than five feet from another property line or fence adjoining the premises on which the enclosure is located. Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a fixed object or other device so as to limit its range of movement. 2 SECTION 5. Chapter 6, Section 162 Tethering dogs and other animals, is created as follows: Sec. 6-162. - Tethering dogs and other animals. It shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal. This section does not apply to any animal that is restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch -type, prong -type, choke -type, or improperly fitted collar 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 hereof be given full force and effect for its purpose. SECTION 7. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 9. This ordinance takes effect after official publication. 3 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 4 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 8, 2015 Second Reading Ordinance for the City Council Meeting of September 15, 2015 DATE: August 25, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikemacctexas.com 886-2603 Accepting and appropriating the 2015 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 $149,112 for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $149,112 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 $5,278,946 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 June 23, 2015, 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: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $149,112 $149,112 BALANCE $149,112 $149,112 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 $74,556 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 $149,112 for the FY 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $149,112 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 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $ 149,112 for the FY 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. That $ 149,112 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 20531 August 24, 2015 Mr. Ronald Olson City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Dear Mr. Olson: On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $149,112 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, Melanie Davis, Program Manager at (202) 305-7944; 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 24, 2015 Mr. Ronald Olson City of Corpus Christi 1201 Leopard Street P.O. Box 9277 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 fmdings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Meeting the EEOP 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 fmding 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 �`ow`� e ° P,,,NoTop.„ 1 �IO° o -, �, 1 F bM �jVe �Gf !1 �� JusTICE Q� ` Department of Justice Office of Justice Programs i Bureau of Justice Assistance Grant PAGE 1 OF 9 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 4. AWARD NUMBER: 2015-DJ-BX-0616 5. PROJECT PERIOD: FROM 10/01/2014 TO 09/30/2018 BUDGET PERIOD: FROM 10/01/2014 TO 09/30/2018 6. AWARD DATE 08/24/2015 7. ACTION 2a. GRANTEE IRS/VENDOR NO. 746000576 8. SUPPLEMENT NUMBER 00 Initial 2b. GRANTEE DUNS NO. 069457786 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE FY 15 JAG Program 10. AMOUNT OF THIS AWARD $ 149,112 11. TOTAL AWARD $ 149,112 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY15(BJA - JAG) 42 USC 3750, et seq. 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM 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 Olson City Manager 17. SIGNATURE OF APPROVING OFFICIAL 4 i© .de_ 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 149112 21. PDJUGT0432 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 CONTINUATION SHEET Grant PAGE 2 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (the "Part 200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs (OJP). For this 2015 award, the Part 200 Uniform Requirements, which were first adopted by DOJ on December 26, 2014, supersede, among other things, the provisions of 28 G.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. If this 2015 award supplements funds previously awarded by OJP under the same award number, the Part 200 Uniform Requirements apply with respect to all award funds (whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2015 award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements, a time- limited grace period may be available under certain circumstances to allow for transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards (that is, to those at 2 C.F.R. 200.317 through 200.326). For more information on the Part 200 Uniform Requirements, including information regarding the potentially -available grace period described above, see the Office of Justice Programs (OJP) website at http://ojp.gov/funding/Part200UniformRequirements.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2. The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"). 3. 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 the Standard Assurances executed by the recipient, and may result in suspension of funding until such time as the recipient is in compliance, or termination of the award. 4. The recipient understands and agrees that OJP may withhold award funds, or may impose other related requirements, if the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 5. 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. 6. The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds that violates 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 award funds. 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 OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 7. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized to make subawards or contracts under this award -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward, contract, or subcontract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 8. 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. 9. 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 CONTINUATION SHEET Grant PAGE 4 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 10. 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). 11. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department 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. 12. 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 rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 13. 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. 14. 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. 15. 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. 16. 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. 17. A recipient that is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(0, and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 18. The recipient must collect, maintain, and provide to OJP, data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes, specified in the program solicitation, or as otherwise specified by OJP. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 5 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 19. 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). 20. 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). 21. The recipient understands and agrees that it has a responsibility to monitor its subrecipients' compliance with applicable federal civil rights laws. The recipient agrees to submit written Methods of Administration (MOA) for ensuring subrecipients' compliance to the OJP's Office for Civil Rights at CivilRightsMOA@usdoj.gov within 90 days of receiving the grant award, and to make supporting documentation available for review upon request by OJP or any other authorized persons. The required elements of the MOA are set forth at http://www.ojp.usdoj.gov/funding/other_requirements.htm, under the heading, "Civil Rights Compliance Specific to State Administering Agencies." 22. 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 DOJ'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/gsp_grantcondition. 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. 23. 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. 24. 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. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 25. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Depatttnent 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 Dept anent 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/equal_fbo.htm. 26. 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. 27. 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. 28. 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. 29. 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). 30. The recipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 31. All procurement (contract) transactions under this award must be conducted in a manner that is consistent with applicable Federal and State law, and with Federal procurement standards specified in regulations governing Federal awards to non -Federal entities. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition. Noncompetitive (e.g., sole source) procurements by the award recipient in excess of the Simplified Acquisition Threshold (currently $150,000) set out in the Federal Acquisition Regulation must receive prior approval from the awarding agency, and must otherwise comply with rules governing such procurements found in the current edition of the OJP Financial Guide. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 7 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 32. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 33. Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 34. 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 Department's 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. 35. 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. 36. 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. 37. 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. 38. 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. 39. 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. 40. 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. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 41. 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. 42. 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. 43. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf. 44. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 9 OF 9 PROJECT NUMBER 2015 -DJ -BX -0616 AWARD DATE 08/24/2015 SPECIAL CONDITIONS 45. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here: https://www.whitehouse.gov/sites/default/files/docs/le_equipment_wg_final_report_final.pdf 46. Recipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement -related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. 47. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance 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. ENT ppb 11 Department of justice ,; aP4o,T� �� , Office of Justice Programs saw. 1 = -z-, Bureau of Justice Assistance r, 1-,,,, ,,,,, ,11 F,USTics e GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant m — PROJECT NUMBER 2015-DJ-BX-0616 PAGE 1 OF 1 This project is supported under FY15(BJA - JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) Melanie Davis (202) 305-7944 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 15 Edward Byme Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT FY 15 JAG Program 5. NAME & ADDRESS OF GRANTEE City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2014 TO: 09/30/2018 8. BUDGET PERIOD FROM: 10/01/2014 TO: 09/30/2018 9. AMOUNT OF AWARD $ 149,112 10. DATE OF AWARD 08/24/2015 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 Byme 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 disparate jurisdictions will utilize the JAG award to support law enforcement and prosecution and court initiatives. Funds will be used to purchase in-car video system DVD equipment, voice recorders, camera equipment, storage inventory lockers, a firearms storage system, tactical earpieces, and bang boxes. The JAG OJP FORM 4000/2 (REV. 4-88) funds will also be used to support salary and benefits for a prosecutor who focuses on drug cases and to provide law enforcement training. The project goals are to improve the effectiveness and efficiency of the criminal justice system by funding a prosecutor position and the law enforcement officer training. NCA/NCF AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 8, 2015 Second Reading Item for the City Council Meeting of September 15, 2015 DATE: July 13, 2015 TO: Ronald L. Olson, City Manager FROM: Jay Ellington, Director, Parks and Recreation JayEll@cctexas.com 361-826-3464 Joint Use Agreement with WeIIMed Charitable Foundation for Zavala Senior Center and Joe Garza Recreation Center CAPTION: Ordinance authorizing the City Manager or designee to execute a five-year Joint Use Agreement with WeIIMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue. PURPOSE: The Parks and Recreation Department and WeIIMed Charitable Foundation (WCF) have determined that a joint collaborative effort for the renovation of the Multigenerational Complex by the City and WCF, serving senior users in general, and offering enhanced programs to youth and families, is a unique opportunity and an efficient approach to addressing the needs of seniors and the general community. BACKGROUND AND FINDINGS: The Parks and Recreation experienced dramatic budget reduction in FY 2010 causing the reduction in hours of operation to both the senior center and the recreation center from 40 hours per week to 19 hours per week. This change led to limited programming and services for the seniors and youth in this community. Staff began exploring options to restore service delivery and discussions began with the WeIIMed Charitable Foundation. The WeIIMed Charitable Foundation has been successful with similar joint use agreements in other communities. Discussions began with WellMed Charitable Foundation in late 2014 and has led to the current joint use agreement. The joint use agreement provides for the funding of the renovation, management and joint use and location of the "Multigenerational Complex." by the WeIIMed Charitable Foundation. The City will continue to operate the Nutrition program at this site and will run the youth program separately from this Agreement. ALTERNATIVES: Do not lease Zavala Senior Center and Joe Garza Recreation Center. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Lease requires two readings at least 28 days apart. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 BALANCE 0 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing the City Manager or designee to execute a five-year Joint Use Agreement with WellMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue 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 a five year Joint Use Agreement with WeIIMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue. The agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , 2015, by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor EXECUTION COPY JOINT USE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND WELLMED CHARITABLE FOUNDATION This Joint Use Agreement ("Agreement") is made this day of , 2015, by and between the City of Corpus Christi (hereinafter called "City"), a Texas municipal corporation and political subdivision acting by and through its City Manager or designee and WellMed Charitable Foundation, a Texas non-profit corporation (hereinafter called "WCF"). PREAMBLE WHEREAS, the City is recognized as having a commitment to providing Corpus Christi senior citizens with comprehensive services that will enhance their social, psychological, and physiological wellbeing; and WHEREAS, WCF has a mission to support seniors and their caregivers with a special emphasis on prevention, wellness and living well with chronic illness; and WHEREAS, the expense of renovating, constructing, operating and maintaining the Zavala Senior Center (herein, the "Senior Center") and the Joe Garza Recreation Center (collectively herein, the "Multigenerational Comptex"), as proposed herein, would be cost -prohibitive to either City or WCF, Individually; and WHEREAS, City and WCF have determined that a joint collaborative effort for the renovation of the Multigenerational Complex by the City and WCF, serving senior users in general, and offering enhanced programs to youth and families, Is a unique opportunity and an efficient approach to addressing the needs of seniors and the general community; and NOW, THEREFORE, in consideration of the covenants, conditions and provisions set forth herein, the parties hereto agree as follows: I. TERM 1.1. Except as otherwise provided for pursuant to the provisions hereof, this Agreement shall commence immediately upon its execution and shall continue for five (5) years. II. CONTRACT ADMINISTRATION 2.1. WCF's Executive Director shall be WCF's designated representative responsible for the administration of all contractual matters pertaining to this Agreement. 2.2. City's Director of the Parks and Recreation Department ("Dtrector") and/or his designee shall be City's representative responsible for the administration of this Agreement. 2.3. Communications between City and WCF shall be directed to the designated representatives of each as set forth in Sections 2.1 and 2.2 hereinabove. Ilt. STATEMENT OF GENERAL PURPOSE PDF 7.8.15 3.1. The purpose and intent of this Agreement is to provide for the funding of the renovation, management and joint use and location of the "Multigenerational Complex." The City will run the youth program separately from this Agreement. IV. SERVICES AND RESPONSIBILITIES 4.1. The parties agree that the "Zavala Senior Center" or "Senior Center" shall offer a multitude of services at no cost to persons 50 years of age and older, (herein referred to as "Seniors") in collaboration with WCF, including but not limited to social, recreational, fitness, nutrition (with nutrition program limited to persons 60 years of age and older), educational, health and screening services, and prevention programs. The parties also agree that the Senior Center shall consist of, at a minimum, recreational area(s), exercise room(s) and exercise equipment, a nutrition site for the serving and consuming of meals, classroom(s), computer lab or cyber cafe, health screening room(s), administrative and faculty/staff office space, reception area, custodial, storage and telecommunications areas, parking and ancillary support areas, all of which shall be comprised of approximately 7,530 square feet located at 510 Osage Street. A copy of the current floor plan for the Senior Center is attached hereto as Attachment "A-1," which is incorporated herein by reference for all purposes as if fully set forth. 4.2 The parties agree that the "Joe Garza Recreation Center" at 3204 Highland Ave, Corpus Christi, TX 78405 shall maintain full City management and oversight for current use as a recreation facility with programs for participants of all ages including after school programs; Summer Food Program; Fee based classes; rentals; and scheduling. A copy of the current floor plan for the Joe Garza Recreation Center is attached hereto as Attachment A-2, which is incorporated herein by reference for all purposes as if fully set forth. Joe Garza Recreation Center may also be used by the City as a nutrition site for the serving and consuming of meals. 4.3. WCF will contribute all expenses necessary (not to exceed $280,000 — the "Maximum Amount") to complete the renovations to the Zavala Senior Center and Joe Garza Recreation Center as described herein and on Attachment B. WCF will make payments directly to the applicable contractor(s). 4.4. The City shall provide, oversee, administer, and carry out the following activities and services at the Senior Center: a) Nutrition Program; b) City services request such as social services; c) Custodial and maintenance of facilities; and d) IT and telephone support. 4.5. The City shall employ an individual having responsibility for oversight of the City services and part-time (19 hours per week) Nutrition Site Manager at the Senior Center and liaison to City management and the WCF representative manager described below with regard to operations at the Senior Center. With regard to the services above, WCF staff located at the Senior Center shall defer to the decisions and direction given by the City's representative manager who shall have final decision making authority with respect to the matters described in Section 4.4 above. In no way shall this provision be interpreted to mean that WCF staff at the Senior Center must report to or be held accountable to the City's representative manager in matters unrelated to those stated in this Section. 4.6. With the exception of those activities and services set forth in Section 4.3 above, WCF will be responsible for the day-to-day management of the Senior Center and, in addition, shall provide, PDF 7.9.15 a 127797v.1 492341 oversee, administer, and carry out the following activities and services at no cost to the City and at no cost to the seniors at the Senior Center: a) Fitness/recreation activities; b) Multigenerational programming opportunities (i.e.; arts/crafts; theater arts; computer classes, etc.) c) Health, wellness and disease prevention educational programs; and d) Access to a dedicated call center for no cost qualification and renewals of Medicare Savings Programs. In addition, WCF may utilize Joe Garza Recreation Center to provide senior educational classes as scheduling permits. The activities and services provided at the Senior Center through WCF shall be substantially similar to the types and frequency as those previously provided through the City prior to the execution of this Agreement. 4.7. WCF shall directly employ an individual having responsibility for on-site oversight of the WCF services who shall serve as WCF's full-time on-site representative manager at the Senior Center and liaison to WCF management (the "WCF Senior Center Manager") and the City representative manager with regard to operations at the Senior Center. WCF shall additionally directly employ a receptionist and contract for the services of the number of personal trainers set out in the WCF budget for the Senior Center. All employees and contractors of WCF who provide any work or services at the Multigenerational Complex must first pass a criminal background check similar to the one used by the City for employees working with minors. The supervisors above the on-site WCF Senior Center Manager shall also be direct employees of WCF. 4.8. With regard to the services above in Section 4.4, City staff located at the Senior Center shall confer with WCF representative for matters involving the day-to-day operation of the Senior Center. Each entity shall have final decision making authority in their respective operations. In no way shall this provision be interpreted to mean that City staff at the Senior Center must report to or be held accountable to WCF's representative manager in matters unrelated to those stated in this Section. The parties agree to utilize the attached and incorporated Program Issues Resolution FlowChart attached hereto as Attachment "D" for contacts to assist with resolution of any issues regarding activities under this Agreement. 4.9. WCF is prohibited from requiring enrollment of a senior as a patient member of its affiliated medical group of practicing physicians as a prerequisite to providing the services required by this Agreement. All seniors frequenting the Senior Center shall have a right to the services required by this Agreement at no cost, and WCF is prohibited from altering, reducing, or diminishing the quality of services based upon a senior's enrollment or lack thereof as a patient in WCF's affiliated medical groups. Additionally, WCF shall ensure that it and its affiliate(s) notify seniors both within the Senior Center (i) of their option to receive health screening and education services covered by this Agreement at no cost within the Senior Center; (ii) that any additional diagnostic or treatment services beyond that which is offered in the Senior Center are separate and apart from the free services to which they are entitled in the Senior Center; and (iii) of their right to be referred to other medical care providers and institutions of their choice in the area to ensure comprehensive and quality care in order to meet the required standard of care for the health care industry. 4.10. The parties shall develop policies and procedures for management of responsibilities in the PDF 7.8.15 127797v.1 49234-1 3 temporary or long-term absence of a party's representative manager, the handling and notification of emergencies, public and media relations, and for any other subject matter the parties deem necessary and prudent. 4.11. WCF and City hereby agree to meet at least once quarterly and more frequently if the parties desire or deem necessary, to discuss and agree upon modifying, supplementing or discontinuing Senior Center services and programming based upon assessment of community needs and customer service feedback from the Senior Center. In recognition of the importance of nurturing a close spirit of cooperation between the parties to this Agreement, the parties shall endeavor to develop a relationship of trust and cooperation that will yield mutual assistance and facilitate the resolution of problems in order to implement the comprehensive service model. 4.12. WCF and the City are each independent contractors and are not agents or employees of the other and neither WCF nor the City will represent that it is an agent or employee of the other party. 4.13 WCF and the City shall coordinate with the Special Events Committee ("Committee") with respect to the utilization of the Senior Center by the Committee on occasional basis for special events coordinated by the Committee. 4.14 The City will retain ultimate authority for the operations and direction of the Senior Center and the Joe Garza Recreation Center. In the event of an impasse between the City and WCF about any matter, WCF will be entitled to discontinue its participation upon the giving of 60 days' advance written notice. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 5.1. Each party agrees to comply with all City, State and Federal laws, regulations, ordinances and codes affecting construction, procurement and operations pursuant to this Agreement. 5.2. WCF also agrees to require by written agreement that its consultants, contractors, subcontractors and their respective officers, agents, employees, directors, and representatives comply with all city, state and federal laws, regulations, ordinances and codes affecting construction. procurement and operations pursuant to this Agreement. VI. RECORDS, REPORTING, RETENTION 6.1. The Parks and Recreation Department is assigned monitoring, fiscal control, and evaluation of senior service contracts funded by the City or to which the City is a party. Therefore, at such times and in such form as may be required by the Director of the Parks and Recreation Department, WCF shall furnish to the Director of the Parks and Recreation Department and the grantor of grant funds, if applicable, such statements, records, data, all policies, procedures, and information and permit the City and grantor of the grant funds, if applicable, to have interviews with its personnel, board members and program participants pertaining to the matters covered by this Agreement. WCF ensures that all information contained in all required reports submitted to City is accurate. 6.2. WCF shall retain all records, documents, reports and written accounting policies and procedures pertaining to the renovation / construction of the Senior Center and services provided under this Agreement for the period(s) set forth in the official records retention schedules of the Local Government Records Act of 1989 and any amendments thereto, and make available to the City at all reasonable times such records, documents, reports and written accounting policies and procedures. PDF 7815 127797v.1 49234-1 VII. CONSULTANT AND CONTRACTS 4 7.1. It shall be WCF's responsibility to advertise for design, and contract bids and to award, in WCF's name, such contract(s) for the renovation / finish out of the Senior Center and Joe Garza Recreation Center as described on Attachment B. Attachment B shall also include a timeline for completion. WCF shall advise City of its recommendations regarding the firms to which it proposes to award contracts. The decision as to whom contracts are awarded is ultimately WCF's so long as such awards to not require payment of any municipal funds. 7.2. Monitoring and administration of such contracts, and the making of payments to contractors shall be the responsibility of WCF. Notwithstanding the foregoing, WCF agrees to coordinate and consult with City during the design, planning and specification phase. WCF agrees to keep the Director of the City's Parks and Recreation Department, informed of construction progress and of any problems or delays encountered during construction. 7.3. WCF agrees to contractually require payment and performance bonds and insurance from all contractors and consultants hired for the renovation project. 7.4 (A) No construction or modifications may be made, and no drilling, excavation, or penetration of the soil surface may be conducted without the prior written approval of the Director. WCF shall not make any additions or alterations without the Director's prior written approval, which such approval shall not be unreasonably withheld, conditioned or delayed. If approved, WCF must obtain clearance, in writing, from the City's Risk Management Department ("Risk Management") that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Agreement proceeding with any type of -addition or alteration. (B) All construction, additions, alterations and equipment as described herein and on Attachment B must be made at WCF's expense. WCF must provide proof to the Director of sufficient funds on hand, subject to the Maximum Amount, to complete the work on Attachment B and any other reasonably anticipated addition or alteration. All additions, alterations and equipment installed by WCF must be promptly repaired or replaced at WCF's expense. All additions or alterations made by WCF and accepted by the Director become the property of the City without necessity of any legal action. WCF maintains ownership of its equipment used at the Multigenerational Complex and at the termination of this Agreement, WCF agrees to donate the exercise equipment to the City. (C) The plans and specifications for all additions or alterations shall be prepared by state -licensed architects or engineers. The plans and specifications must be approved in writing by the Director of Capital Programs or designee prior to construction. (D) A payment bond is required for construction contracts that exceed $25,000. A performance bond is required for construction contracts that exceed $100,000. The bond(s) shall be provided by WCF and made with the City as the obligee. (E) Lessee shall ensure that an indemnity clause reasonably acceptable to the City Attorney or his designated Assistant City Attorney is included in all contracts related to construction or WCF's services provided at the property. (F) Ali construction contracts must be approved in writing by the Director of Capital Programs or designee, which such approval shall not be unreasonably withheld, conditioned, or delayed. All construction contracts must include terms regarding the City's ability to inspect, reject and accept the work, which such acceptance shall not be unreasonably withheld, conditioned, or delayed. (G) WCF shall keep the Multigenerational Complex free from any liens arising out of any work performed, materials furnished or obligations incurred by WCF, and shall indemnify, protect and hold harmless City from any liens and encumbrances arising out of any work performed or materials PDF 7.8.15 5 127797v1 49234-1 furnished by or at the direction of WCF. If, at any time during the Agreement any interest of City in the Premises becomes subject to a lien for labor or materials fumished to WCF in the repair or improvement of the Multigenerational Complex, within thirty (30) days after WCF's receipt of written notice informing WCF of the recording of such lien, WCF shall cause the lien to be bonded or discharged, and shall otherwise defend and hold City harmless on account thereof, provided, however, that if WCF desires in good faith to contest the validity or correctness of any such lien, it may do so, and City shall cooperate to whatever extent may be necessary, provided only that WCF shall defend and indemnify City against any costs, loss, liability or damage on account thereof, including reasonable attorneys' fees. The interest of City In the Multigenerational Complex shall not be subject to liens for improvements made by or for the account of WCF, for which WCF shall provide due notice to all parties who provide any services or materials with respect to any work on the Multigenerational Complex. VIII. COORDINATION AND CONSULTATION DURING RENOVATION 8.1. Throughout the design, planning and specification phase, WCF shall keep the Parks and Recreation Department reasonably Informed of progress of the design, re -design, finish -out, and construction, if applicable, of the Senior Center. To accomplish such, WCF and City hereby agree to designate one (1) staff member each to act as a project liaison for the purpose of coordinating with one another regarding the progress of and furthering of the renovation project. 8.2. WCF shall provide to City its construction and finish -out plans and specifications for the Senior Center ("Plans") and such Plans shall be subject to the review and approval of City Director of Capital Programs or his designee, which approval shall not be unreasonably withheld, conditioned or delayed. After approval by City, such Plans shall be marked "Approved," dated, and attached hereto and made a part of this Agreement and incorporated herein by reference as if fully set forth. WCF shall not make any substantial changes to the Plans without the prior written approval of City, which approval shall not be unreasonably withheld, conditioned or delayed. Any modified plans that are later approved shall be labeled so as to clearly indicate the date of approval and shall be attached as substituted approved Plans. 8.3. WCF shall submit all proposed changes to the Director of Parks and Recreation Department and Director of Capital Programs for review and approval to ensure their compatibility with the Plans, which approval shall not be unreasonably withheld, conditioned or delayed. 8.4. Commencing promptly after award of the construction contract(s) and continuing diligently thereafter until completion, WCF shall cause to be constructed the improvements at the Senior Center in accordance with the Plans and provided that construction shall be made in a good and workmanlike manner. 8.5. Representatives for the parties shall meet on a regularly scheduled basis at the Senior Center to review the progress of construction. Beyond scheduled meetings, City shall have authority to visit the Senior Center during normal business hours throughout the construction process to ensure compliance with the Plans. City staff shall contact the WCF representative by telephone, leaving a message if the representative cannot be reached, in order to provide advance notice of a visit by City staff and those that accompany City staff. Notwithstanding the foregoing, the City agrees that any comments regarding construction progress shall be directed to the WCF representative and not to contractors or other individuals working at the construction site. WCF shall cause its project consultants and contractors, as the case may be, to provide periodic certifications of construction and the final certification certifying that construction has been conducted in compliance with the Plans. PDF 7.8.15 127797v,1 49234-1 8.6. Should the Parks and Recreation Department observe any deficiencies or other problems in design or construction work, the same shall be immediately reported to WCF's project liaison for the renovation project. WCF agrees to promptly consider the report, and, where appropriate, cause corrective action(s) to be takenit shall be WCF's sole responsibility to determine and diligently pursue the appropriate action required. Only WCF shall have the authority to issue a stop work order to the construction contractor or project consultants. However, City Building Official or Director of Capital Programs shall have authority to issue a stop work order to WCF when determined to be necessary to prevent a material non-compliance with applicable building codes or permits. IX. FINAL PROJECT INSPECTION AND ACCEPTANCE 9.1. WCF agrees to notify the City's Parks and Recreation Department Director of the date and time of final project inspection. WCF agrees to permit City representatives to participate in such final inspection and to include such deficiencies, if any, as may be noted by City representatives, in the punch list for correction by the construction contractor. 9.2. WCF shall provide City with a copy of the final project acceptance document and shall also provide City with a set of as -built plans within a reasonable period of time following project acceptance. Thereafter, the Director may provide WCF with written notice of City acceptance of the work performed through WCF and WCF's contractor, which such acceptance shall not be unreasonably withheld, conditioned or delayed. X. TIMES OF OPERATION 10.1. The parties shall mutually agree upon operating days and hours for the Senior Center based upon the needs of the population served, which schedule shall include agreed nationally observed holidays or days of shut -down for maintenance periods. The parties agree that the hours may be modified from time to time as a result of customer service feedback or studies performed or commissioned by the City. The minimum operating days and hours for the senior Center are as follows unless otherwise mutually agreed to by the Director and WCF: Monday through Friday 7:00 a.m. to 4:00 p.m., City observed holidays excluded. 10.2. The parties agree that use of the Senior Center by the parties for meetings, organizational or other special events not related to the General Purpose and Intent of the Senior Center shall be managed so as to minimize overuse, wear and tear, increases in utility or maintenance costs, or repairs beyond that which is expected for the center's uses as stated in this Agreement. If overuse becomes an issue, the parties agree to develop a policy of permitted after -hour or weekend use or a plan for covering increased costs based upon usage that is mutually acceptable. Xi. SIGNS AND ACKNOWLEDGMENT OF PARTICIPATION 11.1. WCF agrees to include in the design plans a permanently -installed plaque or other suitable permanent sign on, in or about the Senior Center which acknowledges that the parties are joint service providers at the facility. The size, form, material, verbiage and location of such sign shall be mutually agreed upon by the parties hereto. 11.2. WCF further agrees to provide in the design phase and include in the Senior Center renovation locations for sign(s) which announce public use hours and such other information as may be necessary to inform the public of available programs provided at the Senior Center by the parties to thls Agreement and their users. The size, form, material, verbiage and location of such signs are subject to mutual agreement. PDF 7.8.15 127797v.1 49234-1 7 11.3. Throughout the term of this Agreement, the parties agree that in all Senior Center -related press releases, flyers, brochures and other informational material prepared and distributed by WCF or City, WCF and City agree to include acknowledgment and recognition of the joint nature of the Senior Center development and operations. XII. SAFETY 12.1. WCF and City hereby agree and pledge that each shall fully comply with all established safety standards of the City applicable to operation and use of the Senior Center. WCF shall post such informational signs as necessary to inform users of facility rules and regulations, and governmental codes and ordinances applicable to access and use. During their respective use and joint use periods, City and WCF agree to enforce such rules and regulations. X1I1. UTILITIES 13.1. City shall secure all necessary utility services under its name and account and shall ensure that the invoices for these are paid in a timely manner. Utility costs of the Senior Center, shall include waste disposal, electricity, phone, sewer, water, and gas, as applicable. XIV. INSURANCE 14.1. Prior to the commencement of any work under this Agreement, WCF shall furnish copies of all required endorsements and completed Certificate(s) of Insurance to the City's Parks and Recreation Department which shall be clearly labeled "Construction and Operation — Senior Center" in the Description of Operations block of the Certificate. The Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. The City will not accept a Memorandum of Insurance or Binder as proof of insurance, The certificate(s) must have the agent's signature and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to the City. The City shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by the City's Director of the Parks and Recreation Department. No officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement. 14.2. The City reserves the right to review the insurance requirements of this Article during the effective period of this Agreement and any extension or renewal hereof and to modify insurance coverages and their limits when deemed necessary and prudent by City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement which increase the City's risk with respect to this Agreement. In no instance will City allow modification whereby City may incur increased risk. 14.3„ WCF's financial integrity is of interest to the City, therefore, subject to WCF's right to maintain reasonable deductibles in such amounts as are approved by the City, WCF shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at WCF's sole expense, insurance coverage written on an occurrence basis, unless otherwise Indicated, by companies authorized to do business in the State of Texas and with an A.M. Best's rating of no less than A- (Vii), in the following types and for an amount not less than the amount listed below: TYPE 1. Workers' Compensation PDF 7.8,15 127797v.1 49234-1 AMOUNTS Statutory 8 2. Employers' Liability (Each applicable only to contractors and subcontractors — WCF does not have any employees) $500,0001$500,0001$500,000 3. Broad form Commercial General Liability Insurance to include coverage for the following: a. Premises/Operations *b. Independent Contractors c. Products/Completed Operations d. Personal Injury e. Contractual Liability f. Damage to property rented by you For Bodily injury and Property Damage of $1,000,000 per occurrence; $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage $100,000 4. Business Automobile Liability a. Owned/leased vehicles b. Non -owned vehicles c. Hired Vehicles Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence 5. Professional Liability (Claims -made basis) To be maintained and in effect for no less than two years subsequent to the completion of the professional service. $1,000,000 per claim, to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages by reason of any act, malpractice, error, or omission in professional services. 14.4. WCF agrees to require, by written contract, that all construction contractors and subcontractors providing goods or services hereunder provide a certificate of insurance and endorsement that names WCF and the City as additional insureds. WCF shall provide the City with said certificate and endorsement prior to the commencement of any work by the subcontractor. Dance, computer, arts, crafts and other instructors are not subject to these requirements. 14.5. As they apply to the limits required by the City, the City shall be entitled, upon request and without expense, to receive copies of the policies, declaration page, and all endorsements thereto 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). Such changes shall be requested only as necessary due to changes in the law, in case law decisions, or in the event of unanticipated performance concerns. WCF 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. WCF shall pay any costs incurred resulting from said changes. City of Corpus Christi Attn: Parks and Recreation Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 14.6 WCF agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following provisions: • Name the City, its officers, officials, employees, volunteers, and elected representatives as additional insureds by endorsement, as respects operations and activities of, or on PDF 7B15 9 127797v.1 49234-1 behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation, employers' liability, general liability and automobile liability policies will provide a waiver of subrogation in favor of the City. • Provide advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not Tess than ten (10) calendar days advance notice for nonpayment of premium. 14.7. Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, WCF shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend WCF's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 14.8. In addition to any other remedies the City may have upon WCF'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 WCF to stop work hereunder, and/or withhold any payment(s) which become due to WCF hereunder until WCF demonstrates compliance with the requirements hereof. 14.9 Nothing herein contained shall be construed as limiting in any way the extent to which WCF may be held responsible for payments of damages to persons or property resulting from WCF's or its subcontractors' performance of the work covered under this Agreement. 14.10. It is agreed that WCF'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. 14.11. It is understood and agreed that the insurance required Is in addition to and separate from any other obligation contained in this Agreement and that no claim or action by or on behalf of the City shall be limited to insurance coverage provided. 14.12. WCF and any subcontractors are responsible for all damage to their own equipment and/or property. XV. INDEMNIFICATION 15.1. WCF COVENANTS AND AGREES TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS, THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY ARISING OUT OF, RESULTING FROM OR RELATED TO WCF'S ACTIVITIES UNDER THIS AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF WCF, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONTRACTOR OF WCF, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND P07815 127797v.1 49234-1 [0 REPRESENTATIVES WHILE IN THE EXERCISE OF THE RIGHTS OR PERFORMANCE OF THE DUTIES UNDER THIS AGREEMENT. IN THE EVENT WCF AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW. EACH PARTY RESERVES ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 15.2. The provisions of this INDEMNIFICATION are solely for the benefit of the Parties hereto and not Intended to create or grant any rights, contractual or otherwise, to any other person or entity. 15.3. WCF shall promptly advise the CITY In writing of any claim or demand against the CITY or WCF known to WCF related to or arising out of WCF's activities under this AGREEMENT. CITY shall promptly advise WCF in writing of any claim or demand against the CITY or WCF known to CITY related to or arising out of CITY's activities under this AGREEMENT. 15.4 WCF agrees, at its own expense, to Investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel approved by the City Attorney, which such approval shall not be unreasonably withheld, conditioned or delayed, and pay all charges of such attorney and all other costs and expenses of any kind arising from any of said claims and demands. 15.5. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES. XVI. SUBCONTRACTING 16.1. City hereby consents to WCF's subcontracting of all or any part of the operation and maintenance services to WellMed Medical Management Inc. ("WMMI") through a written contract. All subcontractors of WCF who provide services at the Multigenerational Complex must first pass a criminal background check similar to one used by the City for employees working with minors. All other work or services covered by this Agreement may be sub -contracted by WCF without prior written consent so long as the proposed sub-contractor(s) are related to instruction and/or training (e.g. dance, computer use, etc.) and so long as payment for services under the sub -contracts is budgeted by WCF. However, the on-site Senior Center Manager must remain a WCF employee at all times. 16.2. Reserved. 16.3. Any work or services authorized for sub -contracting hereunder, shall be sub -contracted only by written Agreement, and unless specific waiver is granted in writing by City, shall be subject by its terms to each and every provision of this Agreement. WCF shall attach to each subcontract a copy of this Agreement so as to advise each subcontractor of the provisions to which the subcontract is subordinate. WCF agrees to provide City with an executed counterpart of any subcontract permitted hereunder within ten (10) days following execution thereof. 16.4. Compliance by WCF's sub -contractors with this Agreement shall be the responsibility of WCF_ WCF agrees that payment for services of any WCF sub -contractor shall be submitted through WCF, and WCF shall be responsible for all payments to its sub -contractors. Regardless of any subcontracting, WCF shall be primarily liable for the performance of its obligations under this Agreement. Such subcontracts shall contain insurance and indemnity provisions similar to those required in this Agreement, with the City named as an additional insured. PDF 7915 127797v.1 49234-1 ][ XVII. DISCLOSURE OF INTEREST 17.1 WCF has tendered to the City a completed Disclosure of Interest Statement attached as Attachment C. XVIII. TERMINATION 18.1, Should either party fail to fulfill, in a timely and proper manner, any material obligations under this Agreement, or if either party should violate any of the malerial covenants, conditions, or stipulations of the Agreement, the other party shall thereupon have the right to terminate this Agreement by sending written notice to the breaching party of such termination and specify the effective date thereof. Prior to termination, the non -breaching party shall provide written notice of the unsatisfactory performance, violations or areas of non-compliance, and an opportunity to cure within thirty (30) days after receipt of notice of breach. However, in cases where the health, safety and welfare of one or more persons is at risk as a consequence of either party's unsatisfactory performance, violation or area of non-compliance, then the other party may require that the breaching party immediately act to cure the deficiency and the breaching party hereby waives all right to receive written notice. If a breach remains uncured, the non -defaulting party shall be entitled to pursue all remedies available under law which may include reimbursement for expenditures incurred in accordance with this Agreement. 182 Within thirty (30) calendar days after the expiration or termination of this Agreement, WCF shall turn over to the City copies of all records, documents, files and other instruments in its possession pertaining to WCF's performance under this Agreement. IXX. ASSIGNMENT 19.1. This Agreement shall not be assignable by either party unless written authorization is first obtained from the other party, which such authorization shall not be unreasonably withheld, conditioned or delayed. XX. SEVERABILITY 22.1. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws effective during the term of This Agreement, including any renewals, then and in that event, it is the intenlion of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. XXI. ENTIRE AGREEMENT 21.1. This Agreement contains the final and entire agreement between the parties hereto and contains all of the terms and conditions agreed upon to date, and no other agreements of prior date, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties hereto. It is the intent of the parties that neither party shall be bound by any term, condition or representation not herein written. PDF 7.8.15 E2 127797v 1 49234-1 XXII. AMENDMENT 22.1. No amendment, modification or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. XXIII. NON-DISCRIMINATION 23.1. Any discrimination by WCF or City or their agents or employees on account of race, color, sex, age, religion, handicap or national origin, in employment practices or in the use of or admission to the Senior Center, is prohibited. XXIV. NOTICES 24.1. Notices to the parties herelo required or appropriate under this Agreement shall be deemed sufficient if in writing and mailed, Registered or Certified Mall, postage prepaid, addressed to: CITY City of Corpus Christi Attn: Director, Parks and Recreation PO Box 9277, Corpus Christi, Texas 78469-9277 WCF WellMed Charitable Foundation Attn: Carol Zernial Executive Director 8637 Fredericksburg Rd., Suite 100 San Antonio, Texas 78240 XXV. RELATIONSHIP OF PARTIES 25.1. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers or any other similar such relationship between the parties hereto. 25.2. Any and all of the employees of WCF, wherever located, while engaged in the performance of any work required by the City under this Agreement shall be considered employees of WCF only, and not of the City, and any and all claims that may arise from the Workers' Compensation Act on behalf of said employees while so engaged shall be the sole obligation and responsibility of WCF. Any and all of the employees of City, wherever located, while engaged in the performance of any work required under this Agreement shall be considered employees of City only, and not of WCF, and any and all claims that may arise from the Workers' Compensation Act on behalf of said employees while so engaged shall be the sole obligation and responsibility of City. XXVI. VENUE 26.1 WCF and City agree that this Agreement shall be govemed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be bought in a court of compelent jurisdiction in Corpus Christi, Texas. Venue and jurisdiction arising under or in connection with this Agreement shall lie exclusively in Nueces County, Texas. PDF 7.8.15 13 127797v.1 49234-1 XXVII. GENDER 271, 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. XXVIII CAPTIONS 28.1. The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. IXXX. AUTHORITY 29.1. The signers of this Agreement hereby represent and warrant that they have authority to execute this agreement on behalf of each of their governing bodies. EXECUTED this the CITY City of Corpus Christi, Texas day of 2015. WCF WeIIMed Charitable Foundation APPROVED AS TO FORM: Assistant City A or rey ATTACHMENTS Attachment A Facility Floor Plans A-1 Zavala Senior Center A-2 Joe Garza Recreation Center Attachment B Construction and Finish -Out Plans and Specifications Attachment C Attachment D PDF 7 8.15 127797v 1 49234-1 Disclosure of Interest form Program Issues Resolution Flow Chart i-1 PDF7B.15 127797v 1 49234-1 Attachment A [INSERT Facility Floor Plans] A-1 Zavala Senior Center A-2 Joe Garza Recreation Center 15 1 v K ENLARGED TOILET PLAN --1 1,0 .T Y.!•T• ENLARGED KRCHEN PLAN �-{-G c + A-1 .a.n1•1 ae.ean ..01€411103.4.0011L201. 1,41. H• • ••.r IT -1• V.10, Iv. ro •ca,a • I i.n.+r.e - I 4• :o—cr aw I�rcvl:.I 1404 main 4 +�'1 lr- "'• a �' if I' .Ln+I.te QI t 11MIII 1 = �I__- I .I arm . arrAgiii ��,���,m, i�1LV , 4r�dI! 00.0 Me 0-011a wac 0.4p ca.111 a•i S • 11 I•'••••w—� OAP ...LL= 7 • vr• A •1.T 4 1Yr FLOOR PLAN LW . Ij .110011 OM, -Aar 04 n CaAI.iu. PC. r 1 n..0 aT '.. VG. 4.0 a ALL yw•y NE MAN wan 4m01110H1 n6 PeMI 1,0 ru •• R1gL 040 WILL 014.0 &ALL Rama 0U 1W ▪ ......Cleo ,lima■ • •411.1.001. ICYLOYLD { emw imp aq •PeO.at aooll..r bbe ▪ POe4 101 w0 2,40.10Lo04. PBG.528 S UMO' 14044 A2 . :a A fr+ci,fry .r..,, -t- A —2 WOO .. new Mr e. a.... IF w .. OD. - � L'_1 _�� _ __ p .x11,1 I r.1.orig. • � . 4. -� rte"— r— - .. bat MEM C] •�� Q p .. 1111 , a,a .x ..,1 SECTION .r ur >< e.:mox.00 n [DEM .r. w .. P M .r a I r {"-- IL.0 mwrum — El w.— 1 1x..1,1 CI ii1F IU1 1 s..,,IMALI°QPLAN ArchitecTKO Sri Fa y iieedwq • Sob 101 Cope arid, 71403 Emile .l nikkem w.. quleum tiorloiga ::::: MI DETAILTYPICAL TYPICAL CRAWL SPACE o °r """ @SIDEWALK 3 O 0 .x- 1 111,1 WALE;POIm SCALE SCALL 3/4'-1'-0' Y.[]] Ci ... 1 .1. 1Q. . jd'L Q Q Cr Cr 1 1 1.,111 s.,.,1 7 4 i F- cel ®�o n o.1 ....o `l D m 1111.. to wr+ \ DOOR SCHEDULE "ft+.,1�--- --rn. :,; I s ` MEM ° 'r _... M '.. or .. WM. m 1111 -. a� o � © � ,� ll 2'jl�l OO r+nrr...r o :"".:.4—�"' J� �� ®,❑• Y .i� � a.:... oma".:[..7: P.rw4Qra.r.n.ar.w :.•�� P 1� '3(2) _ " RENOVATE SENIOR AND RECREATION CENTERS FLOOR PLAN - JOE GARZA a. k_ ® - .. - �:M -� ° ,>� °I • o_ __ - �; . r _ r.s e„ ro mu O Dor jQD� ° t.i i-. - 1 {�? DEW aD. - pp.w'ael ljl� IISri ... e s. III KEYNOTE LIST SYMBOL LEGEND GENERAL NOTES ,.r.. w R r* eL. a _ wo�'.I yr mom~ -.;m—.,o. d b,.1 - - w 111-1 _ ev,um woasm.r.errxmecel e.orw-1} r. -.....o. I:+,. .o•r.�1 d.ws ,11x1 wrxawa..er.r.. a.,.e..1.ru. ' ..pI M... rs u.a.a. rra.+m .. r..n �wr.. moss me•.mrAl--RD_. S HEGULE l.n..urm..wra....rri 1mr,i.sm.rs (F).M... .Pulls llaru.. i1,.4>m o�..lwm.o.aolrx�..r111r. vre.r. a mleas - i .. em rlx ts..e..una .rr.e rP.P.a. $1Inni e..sm�..mr swsrarnwoa..�+..7.;21-1..Le.:7. ., .. -.. .rr. x+y. .rr rlr.a WHIP. L.mI IaP...l.r�as q.. �.�.� D. arm.. �/..em 1a*.l�tialr el. saw... . .. e ._ C G a 1� ...111 �obl rr..L W.•/um ew sMk Qar� 4-m o...tir M.l.aV.Lr.. LLL.L wLwm MMI N.4m /vil.11a r..r vr.u, -n �1 �4 af/F11.Y urau. M.P..[I.i..4eo..LL rP4 ........• Mr Mt ILLre l.lr lmMl..1.r1F.0{.R 1..Kiw�..a01r+uL :IF _ .. 1 mic _ .y� �f641i 111.1 � � a. an. mlo OY,aO..o. ..1'imer...Or a1RM.aiOr .1 inm • _ er.r pRM.,.li l.fD�1a.'...IR.Y011—/.W=ld .e Y1-K...,o ro,..r.u.+ams+�r�.d •� 4V►.:! '. 0 sus., rarm T..a }I pgawV......�' ' 1 r .1 ilwom.. r.s.na..-a mtr— 1111 I....�.r._. Jnr—.r.w y.. I...l m .1: gAWme. mop mem in i. t�i .Yr- O�r[IY-s ... r Y LL7GR PL AN - JGE GARZA ��-----�-� scA` a 8 , _ 1111 mos •••• _...- {EV P.1113 ATTACHMENT B ZAVALA SENIOR CENTER SCOPE OF WORK ENTIRE BUILDING 1. Paint — Interior/Exterior: Paint all painted surfaces with color to be determined by mutual agreement with the City Director of Parks and Recreation 2. Ceiling Fans: Clean all ceiling fans 3. A/C Vents in Ceiling: Replace all ceiling mounted grids (Does not include replacement of lay -in a/c grills) 4. Rotten wood: Replace damaged/rotten wood as needed 5. J -Boxes: Cover/close open electrical J -boxes in ceiling 6. Ceiling tiles: Clean/repair/paint damaged ceiling tiles as needed 7. Parking lot: Sweep/restripe parking lot including markings for ADA compliance EXERCISE ROOM (formerly Zavala Senior Center Community Room) 1. New Flooring: Enhancer back sport floors where treadmills are located (approximately 1/3 of room) Other flooring: to be determined by mutual agreement 2. Add 9 electrical plugs for treadmills, includes running electrical along left wall as needed KITCHEN 1. Serving Table: Relocate to Joe Garza Recreation Center 2. Replace countertop where serving table was removed DANCE ROOM 1. Install new plank flooring 2. Mirrors to be located floor to ceiling on left fall facing the room at entry EXTERIOR IMPROVEMENTS 1. Outside Front Entry: Repaint benches to existing paint color 2. Install pigeon proof overhangs 3. install ADA ramp including cut curb and add ramp 4. Electric shutter: Replace existing roll up shutters 5. New Concrete: Remove existing unlevel pavers and concrete in three areas of sidewalk/path leading to facility 6. Repair concrete: Cut/patch/repair or replace with stamped concrete as needed for ADA compliance PDF 7815 I6 127797v.1 49234--1 JOE GARZA RECREATION CENTER SCOPE OF WORK ENTIRE BUILDING 1. Paint — Interior/Exterior: Paint all painted surfaces; color to be determined by mutual agreement 2. Rotten wood: Replace damaged/rotten wood as needed 3. Parking lot: Sweep/restripe parking lot including markings for ADA compliance PDF 78.15 l7 127797v.1 49234-1 SUPPLIER NLMBER v..r.r TO BE ASSIGNED BY CITY City Of PURCI IASING DIVISION Corpus Christi Attachment C 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 next page for Filing Requirements, Certifications and definitions. COMPANY NAME: WellMed Charitable Foundation 8637 Fredericksburg Road Suite 100 P. O. BOX: SWEET BEET ADDRESS: CITY: San Antonio STATE: TX ZIP: 78240 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association U 5, Other 1_ Non-profit corporation 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) NIA 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NIA 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 N/A PDF 7.8.15 18 127797v.1 49234-1 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 l 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: Carol Zerniai Title: Executive Director (Type or Print) Signature of Certifying Person:Cita Date: r711Llrs 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 arc 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 I leads, 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. PDF 7.8.15 127797v.1 49234-1 l9 Attachment D PROGRAM ISSUES RESOLUTION FLOW CHART City Staff Nutrition Site Manager Program Manager Superintendent WCF 4 On -Site Center Supervisor Director or Designee PDF 7.8.15 127797v 1 49234-1 Director of Senior Services Executive Director AGENDA MEMORANDUM First Reading for the City Council Meeting September 8, 2015 Second Reading for the City Council Meeting of September 15, 2015 DATE: September 1, 2015 TO: Ronald L. Olson, City Manager FROM: Jay Ellington, Director, Parks and Recreation JayEll@cctexas.com 361-826-3464 Gap Analysis Study for Commission on Children and Youth CAPTION: Ordinance authorizing the City Manager or designee to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University — Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development; accepting and appropriating $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement; and changing the FY 2014-2015 Operating Budget adopted by Ordinance number 030294 to increase revenues and expenditures each. PURPOSE: Authorize an Interlocal Agreement with TAMUCC to conduct a study to identify gaps in both privately and publicly supported programs and services available to youth and families in Corpus Christi. BACKGROUND AND FINDINGS: The analysis will be distributed to community partners such as the United Way, the Junior League of Corpus Christi, the Nueces County Community Action Agency, the Coalition on Alcohol and Drug Abuse and many other community based organizations. In turn, the Commission on Children and Youth will lead community wide discussions on how both private and public resources can be realigned in effort to address the identified gaps and risk factors that negatively impact our community's ability to thrive. The Commission on Children and Youth is directed by the City of Corpus Christi City Council to gather and organize information, promote the development and strengthening of effective and efficient services, encourage collaborations and advocate for beneficial policies for children and families. Research has shown that communities need current, valid, and readily available information for the purposes of policy creation, program development, grant writing, and program evaluation. To these ends, the Commission supported a Data Collection and Analysis Project and the production of its primary analytical report in 2014: Nueces County Juvenile Delinquency Risk Factor Data and Trend Analysis. The study identified an integrated cluster of causes that contribute juvenile delinquency and a failure to thrive that includes: • Extreme economic deprivation • Family conflict and management problems • Early onset of problem behaviors • Lack of commitment to school • Unfavorable parental attitudes and behaviors. These factors are related by cause and effect with each risk factor serving to compound the effects of others. The findings of the primary analytical report paint a clear picture of the struggles that families in Corpus Christi face to maintain a positive environment for youth to grow and develop. For example, the report includes median income and poverty rates in Corpus Christi. While per capita income has steadily increased, households in Nueces County earn on average $3,000 less than households throughout the State of Texas and 21.8% of families in Nueces County live in poverty as compared to 18.50% in the State. The worsening earnings gap and economic conditions for a significant segment of our population is accompanied by increased rates of reported child abuse cases (29.9% higher than the State) and family violence reports (120.3% higher than the State). The analysis also presented a social development theory suggesting that specific programs and services offered by a community (public, private, or non-profit in nature) can generate protective factor effects which ameliorate the negative effect of the risk factors. To reduce problem behaviors, community prevention and intervention efforts should be targeted at the risk factors and aim at strengthening of positive factors. A coordinated, seamless continuum of protective factors can only be woven through a collective effort between community organizations (public and private), school systems, families and peers. To this end, understanding Corpus Christi's current level of services, programs and resources to create protective factors is critical. The Commission on Children and Youth plans to take the next step in the collection of information so that all organizations (private, non-profit and public) can make informed decisions about where to spend valuable resources to make programs and services available. This study will measure availability, accessibility and adequacy of prevention and intervention services and programs to youth and families. For instance, family counseling services may be offered in the community, but are there enough counselors and programs to meet demand, are they offered at times that are feasible for families to utilize and can families afford them. The study will take approximately 12 months to complete. Coupled with information provided in the Risk Factor Study, the findings of the Gap Analysis will help community leaders further understand the landscape of needs and redirect or enhance resources to meet those needs. Without such an analysis, resources, actions, and effort may be misdirected and needs remain unmet, problems are not addressed, and waste occurs. The information provided in the analysis will help organizations throughout the community make informed decisions about where to focus their resources by identifying where gaps (and overlaps) in the continuum of care exist. For instance, the study may indicate there is a saturation of assistance programs for adults who teeter on the verge of homelessness in the community but a lack of resources or programs for families with young children who face the same problem. The information would provide a platform for both public and private entities to discuss opportunities to shift resources to provide adequate services and programs for both populations. The Port Industries of Corpus Christi's grant to help fund the analysis demonstrates the important link between the health and wellness of a community's youth and the strength of its economy. The gap analysis will also help business and industry identify where they can support efforts to train, educate and inspire their future workforce and leaders. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approval all. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal 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 $26,192.80 $26,192.80 Encumbered/ Expended Amount This item 5,000.00 5,000.00 BALANCE $31,192.80 $31,192.80 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Interlocal Agreement Page 1 of 2 Ordinance authorizing the City Manager or designee to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University — Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development; accepting and appropriating $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement; and changing the FY 2014-2015 Operating Budget adopted by Ordinance number 030294 to increase revenues and expenditures each Whereas, Texas A&M University -Corpus Christi desires to enter into an Interlocal Agreement with the City of Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development. Whereas, the City of Corpus Christi desires to accept and appropriate a $5,000 donation from Port Industries of Corpus Christi into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement. Now, therefore, be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement in the amount of $31,192.80 with Texas A&M University -Corpus Christi for the development of an action plan to identify gaps in locally available programs and services to strengthen families and youth development. A copy of the Interlocal Agreement is on file in the City Secretary's office. Section 2. That $5,000 donation from Port Industries of Corpus Christi is accepted and appropriated into the No. 1020 General Fund to be used by the City for payment of services provided under the Interlocal Agreement. Section 3. That the FY 2014-2015 Operating Budget adopted by Ordinance Number 030294 is hereby changed to increase revenues and expenditures by $5,000 each. @BCL@EC059931 Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary @BCL@EC059931 Nelda Martinez Mayor PORT INDUSTRIES w OF CORPUS CHRISTI Mai 24 August 2015 Mr. Jay Ellington Director of Parks and Recreation City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Ellington: The members of Port Industries of Corpus Christi (PICC) are pleased to commit to a $5,000 contribution supporting the Commission on Children and Youth's initiative to complete a Gap Analysis Survey that will measure the availability, accessibility and adequacy of current services and programs in Corpus Christi that address the risk factors local families face. This is an important study that will develop invaluable information that will help our community better assist those in need. Port Industries of Corpus Christi is pleased to be able to play a small part in making it a reality. For the Port Industries of Corpus Christi, Robert L. Barger President Working for a Balanced Partnership AEP Texas Air Liquide Buckeye Texas Partners, LP Celanese CJTGO Refining & Chemicals, LP The Chemours Company Elementis Chromium, LP Flint Hills Resources Corpus Christi, LLC Kiewit Offshore Services, Ltd. Lyondell-Basell Magellan Midstream Partners NuStar Energy, LP OxyChem Port of Corpus Christi Authority Sherwin Alumina, LLC Talen Energy Valero 222 Power Street —78401 P. O. Box 223 — 78403 Corpus Christi, Texas Phone: 361/563-2888 INFORMAL STAFF REPORT MEMORANDUM To: Ronald L. Olson, City Manager Thru: Susan Thorpe, ACM Safety Health Neighborhoods From: Jay Ellington, Director Date: August 20, 2015 Subject: Commission on Children and Youth's Gap Analysis Update Issue/Problem The City Manager has requested an update on the efforts of the Commission on Children and Youth (CCY) and related city departments since their report to City Council in April 2014 and how the Gap Analysis relates to the commission's action plan. Background & Findings In April 2014, the CCY made a presentation to City Council which included a report on the risk factors that lead to juvenile delinquency. The CCY proposed three areas of focus to mitigate the impact of risk factors including: • Youth Development and Education — school readiness initiatives so youth in kindergarten/first grade are ready to learn from a physical and developmental standpoint • Youth Employment — linking youth with training and higher education opportunities • Youth Health and Prevention — reduce alcohol and drug abuse by connecting youth with education, social and recreational opportunities that teach them about making healthy choices. Since the presentation the CCY has: • Hosted a Community Connections Forum for over 100 people from educational, social and health organizations, law enforcement, the legal system and private business to share the report on risk factors and discuss current programs available. • Coordinated a proclamation to celebrate Literacy Week where City Council members read to students from the Navarro Head Start Program. The Friends of Corpus Christi Public Libraries provided a copy of the book to each child and their families to promote reading at home. • Created a partnership with the Tobacco Prevention and Cessation Coalition and its youth committee to support their initiative for tobacco -free parks. • Connected the Junior League of Corpus Christi (JLCC) with the United Way's Success by Six Program to assist with efforts to create a continuum of services for youth and families to ensure kindergarteners arrive at the first day of school cognitively and physically ready to learn and grow. Page 11 The CCY worked with the Parks and Recreation Department to identify funding for a Gap Analysis to measure availability, accessibility and adequacy of prevention and intervention services and programs to youth and families throughout Corpus Christi. The study will cost approximately $31,500. The Parks & Recreation Department has approximately $26,500 in vacancy savings in FY15 to dedicate towards the initiative and the Corpus Christi Port Industries has granted the commission the remaining $5,000. A copy of the one page brief on the analysis is included for your review. In addition to the regular menu of programs and services, the Parks & Recreation Department: • Partnered with the YMCA to provide a tutoring program at Oak Park Recreation Center last school year. • Is establishing an agreement with the Well Med Foundation to improve Zavala Senior and Joe Garza Recreation Centers and increase programs and services for seniors and families in the adjacent neighborhoods. • Assistant Director, Stacie Talbert Anaya, is serving on the Success by Six Steering Committee • Offered Anti -bullying and Lifeskills workshops to youth participating in Latchkey and Recreation Center summer camps. • Partnered with the Beautify Corpus Christi Association, the Calvary Baptist Church and the local general contractors and builders association to improve Dilworth Park and increase opportunities for youth and families to play and exercise. The Library Department has: • Assisted 17 local Head Start Programs with satellite collections that provide books to compliment lesson plans and enhance teacher resources and eventually connect students with the local library system. • In collaboration with the United Way's Success by Six Program the Department will expand to 9 additional sites in three neighborhoods in the Greenwood/Agnes/Ayers triangle. The expansion will occur in two phases: (1) satellite collections will be provided at each site and (2) family literacy libraries for access by parents\guardians will be placed at each site so materials can be taken home to extend learning time. • Created a satellite collection at the Nueces County Juvenile Boot Camp facility to help low level readers improve their reading skills. • Coordinated a second opportunity for City Council members to read to Head Start students during a city council meeting and promote the importance of reading to young children. • Collaborated with the JLCC to host the National Star Wars Reads Day at La Retama Library this October to target teens and young families. Conclusion All three entities are moving forward at a steady pace. The Library and Parks & Recreation Departments continue to work within their current budgets and mission elements to address the risk factors associated with juvenile delinquency. The next step for the CCY is completing the Gap Analysis of services available for youth and families. This is a key data set for advising City Council and other community leaders on what resources are needed to create a positive environment for all youth in Corpus Christi to lead healthy productive lives. Page 12 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY — CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, Texas A & M University -- Corpus Christi ("TAMUCC") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, in Resolution 027467, the Corpus Christi City Council adopted the National League of Cities' Platform format for Strengthening Families and Improving Outcomes for Children and Youth, and established the essential platform components for a sustained community effort to achieve the Platform's objectives; WHEREAS, the 2012 Data Collection and Analysis Project completed by TAMUCC provided valuable information on the risk factors and trends that impact juvenile delinquency rates in Corpus Christi; WHEREAS, the Commission on Children and Youth has adopted an action plan that includes identifying current gaps in program and services that help strengthen families and youth development available in Corpus Christi; NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for TAMUCC Social Science Research Center to complete ongoing community wide assessments for needs and assets, interpret the data and define priorities as described in the Resolution No. 027467. 2. STATEMENT OF WORK. TAMUCC agrees to perform all services as outlined in Exhibit A, and projects that the City will receive all required reports and data described in Exhibit A, no later than August 31, 2016. 3. PRINCIPALS. The work will be supervised by Philip W. Rhoades, Ph.D. Professor of Criminal Justice and Regents, Director of the Social Science Research Center. If, for any reason, he is unable to continue to serve, and a successor acceptable to both TAMUCC and the City is not available, this agreement shall be terminated as provided herein. 4. PERIOD OF PERFORMANCE. The work described in Exhibit A shall be conducted September 1, 2015 through August 31, 2016, or until all required reports and data have been accepted by the City, whichever date is earlier. 5. PRICE AND PAYMENT. Page 1 of 8 a. As compensation for the performance of the agreement, the City agrees to pay TAMUCC up to Thirty one Thousand one hundred ninety three dollars ($31,192.61) as itemized in Exhibit B. b. The Parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. c. The parties acknowledge that continuation of this agreement beyond current fiscal year is subject to annual budget process and appropriation of funds. d. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Reba George, Parks and Recreation P.O. Box 9277 Corpus Christi, TX., 78469-9277 6. DELIVERABLES. The deliverables required under this agreement are specified in the Exhibit A, items 1 through 12. The City retains ownership of all deliverables provided under this Agreement. The City grants TAMUCC the right to utilize the deliverables provided under this Agreement for the purposes of research, instruction, and public education, with appropriate citation to the City of Corpus Christi as the funding source. 7. TERMINATION. Performance under this agreement may be terminated by the City with or without cause upon sixty days written notice. Performance may be terminated by TAMUCC, if circumstances beyond its control preclude continuation of the program. Upon termination without cause, TAMUCC will be reimbursed as specified in Paragraph 5 of all costs and non -cancelable commitments incurred in the performance of the program, that are reimbursable under the Grant. 8. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAMUCC Texas A & M University - Corpus Christi 6300 Ocean Drive, NRC #5853 Corpus Christi, TX., 78412 Attn: Dr. Philip W. Rhoades, Director, Social Science Research Center Telephone: (361) 825-2637 Fax: (361) 825-2384 Page 2 of 8 CITY City of Corpus Christi Attn: Reba George P.O. Box 9277 Corpus Christi, TX., 78469 Telephone: (361) 826-3466 9. LIABILITY. It is understood that City shall not be liable for any claims against TAMUCC, its employees, or third persons, other than City's employees, for damage resulting from or arising out of the activities of TAMUCC personnel under this Agreement, and TAMUCC agrees, to the extent permitted by Section 49, Article III of the Constitution of the State of Texas, to hold City harmless from any and all claims. It is also understood that TAMUCC shall not be held liable for any claims against City's employees, of damage resulting from or arising out of activities of the City, its employees, or third persons, other than TAMUCC employees, and City agrees, to the extent permitted by Section 49, Article III of the Constitution of the State of Texas, to hold TAMUCC harmless from any and all claims. 10. INDEPENDENT CONTRACTOR. For the purposes of the agreement and all services to be provided under this agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this agreement or authorized in writing. 11. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work. 12. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMUCC agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Page 3 of 8 13. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. If the Chapter 2260 procedures are utilized both parties agree that the TCEQ may intervene in the proceedings as an interested party. c. The Director of Purchasing, TAMUCC, is designated as the officer designated under §2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of TAMUCC. 14. VENUE. TAMUCC acknowledges and agrees that because this agreement has been executed, and will be administered in Nueces County, Texas, the agreement is to be performed in Nueces County. TAMUCC acknowledges and agrees that any permissible cause of action involving this agreement will arise solely in Nueces County. If a legal action related to this claim is permissible and there are two (2) or more counties of proper venue under the rules of mandatory, general, or permissive venue, and one of the counties is Nueces County, TAMUCC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 15. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Page 4 of 8 TEXAS A & M UNIVERSITY -- CORPUS CHRISTI By: is Cifuent esearch, Co Vic- President for ercialization and Outreach Date: Aa?, -/n- Date: CITY OF CORPUS CHRISTI ATTEST Rebecca Huerta By: Ronald L. Olson City Secretary City Manager APPROVED AS TO FORM: This day of , 2015 Lisa Aguilar Assistant City Attorney For City Attorney Page 5 of 8 EXHIBIT A SCOPE OF WORK The types of services to be examined may include: 1. Social Services a. Family Counseling b. Parenting c. Early Childhood 2. Mental/Behavioral Health 3. Substance Abuse 4. Youth Employment a. Job Training 5. Youth Recreation a. After School b. Summer? 6. Literacy/Library 7. Mentoring 8. Educational Support Services would be examined along three dimensions with sub -categories: 1. Availability a. Does the service exist? b. Available by age group c. Available by time of day 2. Accessibility a. Geographic b. Financial c. Physical 3. Adequacy a. Considers sufficiency in relation to need b. Considers sufficiency in relation to Time and/or geography The three dimensions consider factors concerning geography, age, cost, time, and quantity. The product to be produced would be provided in paper, electronic (original software format), and electronic pdf format. The product would include an analysis across the three dimensions and the five factors noted above. The analysis will be in text form supported by graphs and or charts for each of the three dimensions. Page 6 of 8 The data collection and gap analysis will be informed by the guidance provided in Wong, Catalano, Hawkins, & Chappell. 1996. Communities That Care Prevention Strategies: A Research Guide to What Works. Washington, D. C.: USGPO and OJJDP. 1998. Guide for Implementing the Comprehensive Strategy for Serious, Violent, and Chronic Juvenile Offenders. Washington, D.C.: U.S. Dept. of Justice. These documents would lead the gap analysis to consider the Program Strategies in the center column in the table below as they relate to the Priority Risk Factors and as appropriate for the indicated age groups. Prevention Strategies: What Works Risk Factor Addressed Program Strategy Developmental Period Extreme Economic Deprivation Prenatal and Infancy Programs Youth Employment with Education Prenatal to 3 All Family Conflict/Management Problems Prenatal and Infancy Programs Early Childhood Education Parent Training Marital Therapy Family Therapy Prenatal to 2 3-5 Prenatal to 14 Prenatal 6-14 Early Onset of Problem Behavior Parent Training Classroom Curricula for Social Competence 6-14 6-14 Lack of Commitment to School Early Childhood Education Mentoring with Contingent Reinforcement Youth Employment with Education 3-5 11-18 15-21 Favorable Parental Attitudes and Involvement in the Problem Behavior Prenatal and Infancy Programs Parent Training Prenatal -2 Prenatal -14 Where supported by the information collected and analyzed, the report will include specific recommendations for action. Page7of8 EXHIBIT B COMPENSATION 12 Month Project Principle Investigator Salary $ 6,637.00 Fringe $ 1,687.00 Research Assistant 1 Wage $ 8,460.00 47 wks, 15 hrs wk, $12.00 hr Fringe $ 203.00 Research Assistant 2 Wage $ 8,460.00 47 wks, 15 hrs wk, $12.00 hr Fringe $ 203.00 Supplies $ 344.00 Total Direct $ 25,994.00 Indirect 20% $ 5,198.80 Total Cost $ 31,192.80 Page 8 of 8 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 15, 2015 Second Reading for the City Council Meeting of September 22, 2015 DATE: July 13, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Street Closure at Navigation Industrial Park, located west of N Omaha Drive and north of Agnes Street. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 22,021 -square foot (0.51 acres) portion of a 60 -foot wide public right-of-way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County, Texas Tracts and requiring the owner, Omaha Drive Capital Partners, LTD to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a 60 -foot wide public right-of-way to re -plat and incorporate the northern half of the requested ROW vacation with the re -plat. BACKGROUND AND FINDINGS: Omaha Drive Capital Partners, LTD (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 22,021 -square foot portion (0.51 acres) of a 60 -foot wide public right- of-way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County, Texas Tracts, located west of N Omaha and south of Westway. The abandonment and vacation of the undeveloped public street right-of-way is being requested in conjunction with a re -plat. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies object if a 60 -foot wide utility easement is dedicated over the public street right-of-way. FINANCIAL IMPACT: ❑ Operating ❑ 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 BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owner must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Dedicate a 60 feet wide utility easement over the public street right-of-way to be closed within 180 calendar days of City Council approval date. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits ORDINANCE ABANDONING AND VACATING AN UNDEVELOPED AND UNSURFACED 22,021 -SQUARE FOOT (0.51 ACRES) PORTION OF A 60 - FOOT WIDE PUBLIC RIGHT-OF-WAY, PORTION OUT OF NAVIGATION INDUSTRIAL PARK SECTION 2, A MAP WHICH IS RECORDED IN VOLUME 27, PAGE 90, MAP RECORDS OF NUECES COUNTY , TEXAS TRACTS. AND REQUIRING THE OWNER, OMAHA DRIVE CAPITAL PARTNERS, LTD TO COMPLY WITH SPECIFIED CONDITIONS. WHEREAS, Omaha Drive Capital Partners, LTD ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 22,021 -square foot portion (0.51 acres) portion of a 60 -foot wide public right-of-way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County, Texas Tracts; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 15, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 22,021 -square foot (0.51 acres) portion of a 60 -foot wide public right-of- way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County, Texas Tracts, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Omaha Drive Capital Partners, LTD ("Owner"), an undeveloped and unsurfaced 22,021 -square foot portion (0.51 acres) portion of a 60 - foot wide public right-of-way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County, Texas Tracts, located west of N Omaha and south of Westway, as recorded in Volume 27, Pages 90, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, Exhibit "B," which is a field notes map, and Exhibit "C" which is a location map are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Dedicate a 60 feet wide utility easement over the public street right-of-way to be closed within 180 calendar days of City Council approval date. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 . Nelda Martinez Mayor Exhibit A 0.51 Acre Tract STATE, OF TEXAS COUNTY OF NUECES Job No. 3209313500 July 8, 2015 Fieldnotes for a 0.51 Acre Tract of land (not based on an on -the -ground Survey), being a portion of Terminal Street, dedicated by Plat of Navigation Industrial Park, Section 2, a map of which is recorded in Volume 27, Page 90, Map Records of Nueces County, Texas, said 0.51 Acre Tract being more fully described as follows: Beginning, at a Southeast comer of Lot 24, Block 5, of said Navigation Industrial Park, on the West Right -of -Way of North Omaha Drive, a 60' wide public roadway, for the North corner of this Tract; Thence, South 00°30'20" West, with the common line of the said West Right -of -Way and the East Right -of -Way of the said Terminal Street, 80.24 Feet; Thence, South 00°05'00" East, with the said common line, 8.99 Feet, to a Northeast comer of Lot 6, Block 4, Navigation Industrial Park, Section 2, a map of which is recorded in Volume 37, Page 168, of the said Map Records, being a Southeast corner of the said Terminal Street and this Tract, for the beginning of a non -tangent circular curve to the leR, having a delta of 9I°43'50", a radius of 10.00 Feet, an arc length of 16.01 Feet, and a chord which bears North 45°56'45" West, I4.35 Feet; Thence, with the said non -tangent circular curve to the leR, the common line of the South Right -of -Way of the said Terminal Street and the said Lot 6, 16.01 Feet, to a Northeast comer of the said Lot 6, for a Southeast comer of this Tract; Thence, South 88°I 1'20" West, with the said common line, 354.70 Feet, to the Northwest comer of the said Lot 6, for the Southwest corner of this Tract, Thence, North 00'05'00" West, over and across the said Terminal Street, 60.03 Feet, to the North Right -of -Way of the said Terminal Street, being the Southeast comer of Lot 4A, Block 3, Navigation Industrial Park, Section 2, a map of which is recorded in Volume 57, Pages 37-38, of said Map Records, the Southwest corner of Lot 22, of said Block 5, for the Northwest corner of this Tract; Thence, North 88°11'20" East, with the common boundary line of the said North Right -of -Way of Terminal Street and the South line oldie said Block 5, 346.43 Feet, to a Southeast comer of the said Lot 24 and the beginning of a circular curve to the Left, having a delta of 86"44'51", a radius of 20.00 Feet, an arc length of 30.28 Feet, and a chord which bears North 44°49'23" East, 27.47 Feet; Thence, with the said circular curve to the left, 30.28 Feet, to the Point of Beginning, containing 0.51 Acres (22,021 SqFt) of land, more or Tess_ Bearings based on the Plot of Navigation Industrial Park, Section 2, a map of which is recorded in Volume 27, Page 90, Map Records of Nucccs County, Texas Unless this licldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract d URBAN ENGINEER' G James D. Carr, R.P.L.S. License No. 6458 S 1Surveying132093113500'.OFF1[_EIMFfTS AND BOUNDS/32093 0.51Acrcs TerminalCtosun: Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbarteng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 ti. 1.-40, :1. t.7. y.1r:;•i 1., Tuve:,31 Pori - 57 —,- TERMINAL STREET (tar Raw) LOCATION MAP N.T.S. NAVIGATION 1 Lot 22. BIN', 5 IriaUstr,,71 PJr.. ,3 , r_ 4ao kt 11 0'-r L^ _ Bloc I0,3i,5t,i01 =•]rI. Sect zr 2 Pg. 90 N 8911'20' E 348.43' S City of Corpus Christi., County of Nuscas .v! 24, Doc,. t':7e'7U;iCr• Ir us1:'4 VaI P1 _ TERMINAL STREET 0.51 Acres 22,021 SgFt Vol. 27, Pg 00 M.R.N.C.T. 5 18911'20' W 354.10' I -t u, 610-t, 4 r:naigwoon ndustr'oI Fm4 c!ar !cI 57. P- 162 T Exhibit B Sketch to Accompany A 0.51 Acre Tract of land (not based on an on -the -ground Survey), being a portion of Terminal Street, dedicated by Plat of Navigation Industrial Park, Section 2, a map of which ts recorded in Volume 27, Page 90, Map Records of Nueces County, Texas. A -88'44"81' R-20.00' 1.TT-100' 1:9-N 44•40'23' E C1r27.47' 60' Point of Beginning 0 01'43'50' R-10.00' L=115.01' T-10.31' 09-11 48'56'45' w CLr-14.36' URBAN ENGINEERING w ram ,o , . nwr rrw w ,anrs,ee DATE: July 8. ,2015 SCALE 1 =40 JOB NO.: 32093.6500 SHEET: 1 OF 1 DRAWN BY: CDS urbanaurveyll7urbanang.eom 02015 by Urban Enaineertna EXHIBIT C - TERMINAL ST RIGHT-OF-WAY CLOSURE z J z 0 Cn QRR"L'EOPARD'TA SUN BELT DR CIH 1139dWVOOW AGNES ST LEOPARD CO LEOPARD ST CORS ELIA/CIR / ALLEY LEOPARD CORNELIAALL co 0 0 0 0 Q- ,c4/co RIGHT-OF-WAY CLOSURE NAVIGATION BLVD TERMINAL T cn O OMAHA DR GEMINI ST SOUTHVIEW DR F,QTY 0,4 R I/S/ 3� Up 14, N<FAIH 37 LLF{BEAR s�Vicinity Map CR 34a ��FFUR26MCCR28FM 43�TCG��;IV(4-111c°wHITECAP FM 665 �rU0 OSU Qco CCR 14U CR 12 CO CO FM 70 WINN MAIN EXHIBIT C - TERMINAL ST RIGHT-OF-WAY CLOSURE ��- �,t►- _ ,AGNES.ST,a-.. R/SFR si0 MAIN (6 -T fi`r nVi ORAA'O IH 37 GR36 HW'44BEAR O X92 Vicinity Map ,_ CR 34 d p ac 0 EC U CR 26 4/C 9 CR 26 FM 43 S'cl�Tp�R©(4� _� O'C`6q/. s��^ FM 665 i e v1 r to an r- O 4q' 0 4,,/ U U co r0 0S0 p� �0� 0 O} Y rn k ..S.'In = JZ CR 14 C 0 CC CR 12 CO U FM 70 v 5 WHITECAP 0 WINN ' „r SOOTHVIEW DR - Terminal Street Right -of -Way Closure AGENDA MEMORANDUM Future Item for the City Council Meeting of September 8, 2015 Action Item for the City Council Meeting of September 15, 2015 DATE: August 31, 2015 TO: Ronald L. Olson, City Manager FROM: Margie C. Rose, Deputy City Manager Margier@cctexas.com 361.826.3220 Collective Bargaining Agreement — Corpus Christi Police Officers' Association CAPTION: Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits and working conditions based on the Tentative Agreement PURPOSE: Council authorization for the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for the period of August 1, 2015 through September 30, 2019. BACKGROUND AND FINDINGS: The City entered into collective bargaining negotiations with the Corpus Christi Police Officers' Association on April 30, 2015 and reached a Tentative Agreement on July 23, 2015. An election ratifying the Contract by the bargaining unit of the Police Department was held on August 28, 2015. The bargaining unit voted in favor of ratification. The agreement includes the following changes and/or additions: • 4 year agreement, August 1, 2015 through September 30, 2019 • 0% increase to base salary effective October 1, 2015; • 0% increase to base salary effective October 1, 2016; • 2% increase to base salary effective October 1, 2017; and • 2% increase to base salary effective October 1, 2018; • Effective January 1, 2019 the Employee Deposit rate will increase from 6% to 7%. • Removal of the evergreen clause and instead agreed to a 4 year contract with a three year contract extension. • Article 3: Association Rights o Time off for Association Vice President. o Increase in Association Pool Hours from 300 hours to 400 hours. o Removal of trustee of Association Health & Benefits Trust (Trust no longer exists). • Article 6: Management Duties o City will provide certain items to the CCPOA and its members either written or electronically. • Article 7: Disciplinary Action o Internal Affairs clean up language to reflect current practice of using Complaints, instead of IIRs (internal information reports) and allowing the Internal Affairs Officer to designate a location for Internal Affairs interviews. o Requiring Officers to receiving copy of Complaint prior to Internal Affairs interview. o Allowing for an Officer, who appeals his/her discipline, and the City to jointly agree to attend mediation. o Police Department will use Chapter 143 (Civil Service Act) to calculate and determine any deadlines on when the Department can take disciplinary action. o Officers will be able to view audio/video of incidents involving officer before Internal Affairs interview. o Chief retains discretion in allowing Officers to use leave in lieu of suspension for those suspensions more than 30 hours. o Officers have a 30 day rebuttal for letters of reprimand. o Increase in disciplinary authority for supervisors. • Article 9: Hours of Work o Drafting of Officers to work special events would occur two weeks prior to the event. • Article 10: Salary & Benefits o Health Care Plan Updates to reflect current costs o Language allowing the City to make Health Care Plan changes to be in compliance with the Affordable Care Act and with federal and state laws, if necessary. o Clean up language on Clothing & Equipment and Patrol Pay. • Article 11: Leave o Changes on use of Sick Leave Pool. o Clean up language to the Leave Buy Back article to match up with City's fiscal year. • Article 13: Promotions o O. and P. Removal of language that was no longer applicable and adding phase out clause. o Contract training for newly appointed Lieutenants. • Article 15: Heath & Benefits Trust o Removal of Article because no longer exists. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The attached Tentative Agreement conforms with all City and State policies and regulations. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Legal, Human Resources, Police and Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $5,883,012 $5,883,012 BALANCE $5,883,012 $5,883,012 Fund(s): This item affects multiple funds Comments: Collective bargaining agreement for the period of August 1, 2015 through September 30, 2019. RECOMMENDATION: Staff recommends the ratification and execution of the collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits and working conditions based on the Tentative Agreement. LIST OF SUPPORTING DOCUMENTS: Tentative Collective Bargaining Agreement AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION August 1, 2015 to September 30, 2019 TABLE OF CONTENTS Article 1 - Preamble 6 Article 2 - Definitions 6 Article 3 - Association Rights 8 A. Association Recognition and Scope of Unit 8 B. Payroll Deduction of Dues 8 C. Time Off for Association Business 9 D. Bulletin Boards 11 Article 4 - Association Duties 12 Article 5 - Management Rights 13 Article 6 — Management Duties to the Association 15 Article 7 — Disciplinary Action 15 Article 8 - Grievance Procedure 22 Article 9 - Hours of Work 25 A. Workweek 25 B. Overtime 25 C. Court Time and Call Back 26 D. Deferred Compensation for Overtime 27 Article 10 - Salary and Benefits 27 A. Monthly Salary Schedule 27 B. Health Care Plan and Life Premiums 29 C. Field Training Officer Pay 36 D. Educational Incentive Pay 36 Page 2 E. Clothing and Equipment 36 F. Pensions 37 G. Deferred Compensation Plan .37 H. Classification Compensated Under the City's Classification and Compensation Plan ..38 I. Termination Pay 38 J. Longevity Pay 38 K. Bomb Squad Pay 38 L. Breathalyzer Certification Pay 39 M. Weekend Pay 39 N. Shift Differential Pay 39 0. Shift Changes 39 P. Dog Handler Pay 39 Q. SWAT Team Pay 39 R. Hostage Negotiation Team Pay 39 S. Dive Team 39 T. Badges... 39 U. Patrol Pay 39 Article 11 - Leave 40 A. Holidays .40 B. Vacations 40 C. Personal Leave 41 D. Military Leave 41 E. Special Leave 41 (Page 3 F. Line of Duty Injury or Illness 42 G. Administrative Leave 42 H. Leave Buy Back 43 I. Sick Leave Pool 43 J. Other Leave Time Policies 45 K. Bereavement Leave 45 L. Funeral Benefit 45 Article 12 - Personnel Practices 45 A. Interchangeable Use of Police Officers and Senior Police Officers 45 B. Disability 46 C. Civil Service Internal Investigations 46 D. Civil Service Commission Records 47 E. Notice of Shift Change 47 F. Wearing of Uniform on Off Duty Security Jobs 48 G. Entrance Examinations 48 H. Alternate Hiring Process 48 I. Reinstatement 49 J. Mandatory Random Drug Testing 50 K. Layoffs, Recalls and Reduction in Force 52 L. Temporary Duties in a Higher Classification 52 M. Physical Fitness .52 Article 13 - Promotions 52 A. Posting and Administration of Promotional Examinations 52 B. Promotional Examination Corrections 53 IPage 4 C. Senior Police Officer's Proficiency Examination 53 D. After Acquired Educational Requirement For Lieutenants Promoted to Captain .53 E. Appointment of Assistant Chiefs and Commanders 53 F. Probationary Period for Lieutenants and Captains 54 G. Filling Vacancies Below Commander 54 H. Eligibility for Promotion 55 I. Promotional Procedures 56 J. Eligibility Lists 57 K. Grievance or Suits Claiming a Right to Promotion .57 L. Chapter 143 Applicability 58 M. Nepotism 58 N. Final Score ...58 O. Time Served as an Acting or Temp Lieutenant or Captain Between 12/1/06 and 12/10/10 58 Article 14 - Employee -Management Relations 58 A. Labor Relations Committee 58 B. Legal Defense 59 Article 15 - Impasse Procedures. 60 Article 16 - Political Activities 61 Article 17 - Existing Conditions 61 Article 18 - Closing Clauses 62 Appendix "A" - Dues Deduction and Special Assessment Form 64 Appendix "B" - Termination of Dues Deduction 65 Appendix "C" - Grievance Form 66 IPage 5 THE STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT ARTICLE 1 - PREAMBLE Pursuant to the mutual agreement of the parties, this agreement has been entered into by the City of Corpus Christi, hereinafter referred to as the "City"; and the Corpus Christi Police Officers' Association, hereafter referred to as the "Association." The purpose of this agreement is the promotion of harmonious relations between the City and the Association; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of compensation and other conditions of employment. ARTICLE 2 — DEFINITIONS "Accredited college or university," means a college or university whose accreditation is approved by the Texas Higher Education Coordinating Board. "Association" means the Corpus Christi Police Officers' Association. "Calendar days" means any day including weekends and holidays. When the agreement specifies three hundred and sixty-five (365) days, three hundred and sixty-six (366) days will be used during a Leap Year. "C.A.P.F.U.D.T.P." College of American Pathologist Forensic, Urine, Drug Testing Program. "Chapter 143, Local Government Code," means the Municipal Civil Service Act, formerly TEX. REV.CIV. STAT. ANN. Art. 1269m (codified 1987). "Chapter 174, Local Government Code," means the "Fire and Police Employee Relations Act," formerly Article 5154c-1 of Vernon's Annotated Civil Statutes. "Chief' means the Chief of Police of the City of Corpus Christi. "City Manager" means the City Manager of the City of Corpus Christi. "City" means the City of Corpus Christi. "Commission" means the Firefighters' and Police Officers' Civil Service Commission of the City of Corpus Christi as set forth in Chapter 143, Local Government Code. IPage 6 "Emergency" is defined as any unexpected happening or event or unforeseen situation or crisis that calls for immediate action and requires alteration of schedules, work hours, shifts and/or personnel assignments. The Chief may declare an emergency pursuant to this definition. "Employee" means any sworn police officer of the City with the exception of the Chief of Police. "Executive Board" mean those members of the Association duly elected or selected as officers and directors of that organization. "Gender" Reference to the male gender throughout this Agreement shall have equal force and include reference to the female gender. "Governmental Accounting Standards Board" ("GASB") Statement 45 -Addresses how "Other Post Employment Benefits" ("OPEB") other than pensions are recorded in financial statements. "Grievance" means any and all disputes arising under the Grievance Procedure in Article 8. "Member" means any employee who is on the membership list of and pays dues to the Association. "MRO." Medical Review Officer. "Police Officer Trainee." An individual employed by the Corpus Christi Police Department who has not yet completed the Corpus Christi Police Academy and been commissioned as a Police Officer. "Probationary Period." Begins on the date of graduation and commissioning from the Corpus Christi Police Academy, and ends three hundred and sixty-five (365) calendar days from that date. "S.A.M.H.S.A." Substance Abuse and Mental Health Services Administration. "Seniority." Begins on the date of graduation and commissioning as a Police Officer from the Corpus Christi Police Academy. "Strike" means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including but not limited to "slowdowns", "sickouts", and the intentional failure to make arrests), for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment. "Supervisor" means any officer with the rank of Lieutenant or above, or any officer, when assigned supervisory duties by ranking officers having authority to make such assignments. (Page 7 "TCOLE" means the Texas Commission on Law Enforcement, formerly known "TCLEOSE" (Texas Commission of Law Enforcement Officers Standards and Education). "Termination of employment" means the officer voluntarily resigned, whether eligible for retirement or not, or was indefinitely suspended and did not appeal his or her termination of employment or after exhaustion of all appeals to arbitration and/or court. "Work hour or working hour" means any hour an employee is scheduled to be on duty regardless of whether on a weekend or holiday. "Work days or working day" means business days excluding weekends and holidays. ARTICLE 3 - ASSOCIATION RIGHTS A. Association Recognition and Scope of Unit. The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all Police Officers, Senior Police Officers, Lieutenants, Captains, Commanders, and Assistant Chiefs. B. Payroll Deduction of Dues. 1. The Association shall supply the City with all necessary papers and information for payroll deduction of Association dues and assessments. The City shall not authorize payroll deductions for membership dues to any other employee organization, which is qualified to be a collective bargaining agent for police officers. 2. The City agrees to deduct dues upon receipt from the Association of a "Dues Deduction" form voluntarily and individually authorized, signed and dated by each member of the Association. Such dues will be established by the Executive Board in accordance with the bylaws of the Association. This authorization shall remain in full force and effect for the term of this agreement or until termination by the employee. Such "Dues Deduction" form is found in Appendix "A" and is incorporated by reference into this agreement. The City shall begin such deductions on the following pay period after receipt of the "Dues Deduction" form. Any dues increase will require the vote of the Executive Board and shall not need additional signatures from the general membership. 3. The City agrees to deduct special assessments from all employees that are members of the Association upon receipt of official notification from the President of the Association indicating that said special assessment has been approved and ratified by a majority vote of the Association members. In return, the Association agrees to defray the administrative costs to the City for such assessments in the amount of $50.00 per month to be invoiced by the City on a monthly basis during the period of special assessment. The City is not responsible for the administration and procedures used by the Association in collecting, distributing or return of any assessment monies. The following language is for clarification only and is not subject to the grievance procedure: The assessment ballot shall state the type of assessment, the amount of the assessment, the designated period of the assessment, and date and manner of the reimbursement, if any. The reimbursement of all unused assessment funds shall be distributed equally within IPage 8 thirty (30) calendar days of termination of the project as defined in the assessment ballot. For example, "the members shall be assessed $10.00 for collective bargaining negotiations and reimbursement of all unused assessment funds shall be distributed equally within thirty (30) calendar days of execution of a new agreement." 4. At any time a member of the Association desires to withdraw his/her membership, he may voluntarily and individually do so. Such action will be initiated through a "Termination of Dues Deduction" form in Appendix "B" voluntarily and individually signed by the member of the Association and a list of the names of officers who have terminated their participation shall be sent to the Association. The Association, pursuant to its constitution and by-laws, may suspend a member temporarily or permanently. Such action will be initiated through a "Termination of Dues Deduction" form signed by the president of the Association and furnished to the City. Such "Termination of Dues Deduction" form is found in Appendix "B" and is incorporated by reference into this agreement. The City shall terminate deduction of dues on the following pay period after receipt of the "Termination of Dues Deduction" form. 5. The City will be obligated to remit to the Association only those sums deducted as dues and assessments from the Association member's paycheck and will not be liable for damages to the Association, any individual employee, or other persons for failure to deduct any authorized sum for any reason. 6. The City shall continue its practice of providing the Association with the print-out of current dues deductions. 7. The City shall provide to the Association on or about January 31 of each year, a written copy of the CCPD General Rules Manual and all Divisional Manuals. The City will further provide in a timely manner electronic updates to said manuals. The City shall provide a written or electronic copy of the CCPD/Municipal Court Telephone Directory as updated, within a reasonable time period. The Association agrees to use the directory for only internal Association activities and agrees to hold the City harmless. C. Time Off for Association Business. 1. Subject to prior notification to the Chief or the next highest ranking officer, the Executive Board, or its designees, shall have the right to visit the premises of the Police Department for purposes of administering this agreement. For a period of time not to exceed four (4) hours, the Association shall have the exclusive right to make a presentation to cadets at each academy class on the benefits provided by the association, the benefits and rights under the collective bargaining contract, and the rights of police officers under state and federal law. The visits and presentations shall be conducted in a manner and at a time as not to interfere with the functions of the department and approved by the Chief. Such approval shall not be unreasonably withheld. 2. Once a calendar year, each member of the Association shall contribute accumulated sick leave hours to a pool to be known as the "Association Business Leave Pool" in an amount determined by the City and Association to be sufficient to fund the Association President's IPage 9 annual base salary and the number of days of an Association 1st Vice President's base salary specified below. This pool shall be used to compensate the Association President and Association 1st Vice President in accordance with this paragraph. During his/her entire term of office, the Association President shall be relieved of duty with pay to perform Association duties. With prior approval the Chief of Police after a written request by the Association President, the Association 1st Vice President shall be relieved of duty for up to one hundred and eighty (180) days. The Association President's base salary shall be offset by the hours in such pool. The Association 1st Vice President's base salary shall be offset by the hours in such pool, as described above. A five (5) day, eight (8) hour per day work schedule will be used to calculate the 1st Vice President's time on leave. The City shall continue to pay all benefits and additional pay which they are entitled while the Association President and/or 1st Vice President are on Association business leave. The period during which the Association President and/or Association 1st Vice President is relieved of duty under this provision shall not constitute a break in service. In the event of an emergency, the Chief may order the Association President and/or 1st Vice President, while on Association business leave, to report for duty as assigned by the Chief during the emergency situation. In the event of the incapacity of the Association President for a period in excess of two (2) weeks for illness or injury, at the option of the President, the President may elect to discontinue use of the pool and utilize sick leave. This shall be effective upon two (2) weeks written notification in advance that the Association 1st Vice President shall be assuming the duties of the President. The Association 1st Vice President upon assuming the duties of the President shall be eligible to use the pool hours during the absence of the President. In no event shall more than two (2) Association officers be eligible to draw pool hours from the pool at the same time due to the incapacity of the Association President. In the event of the death of the Association President or incapacity during which the Association President is unable to communicate, the Association 1st Vice President shall provide written notice of the intent to utilize the pool hours under this provision. The Association President or 1st Vice President while relieved of duty to perform Association duties shall not be placed on limited duty. 3. With five (5) calendar days written notice to the Chief of Police, time off with pay will be allowed for officers who participate on the Association's negotiating team on days that the team is preparing for negotiations and while contract negotiations are in session. If the team member is on their regular day off, the employee is entitled to another day off with pay. The total number of persons participating on each of the negotiating teams shall be equal, but no less than three (3). Preparation time shall be limited to that reasonably necessary not to exceed one (1) workday for each scheduled day of bargaining. 4. Members of the Executive Board may receive time off, without loss of pay, to attend regularly scheduled Association meetings, and Executive Board meetings. The Chief may, at his/her discretion, grant said time off, subject to scheduling and manpower contingencies that may arise. IPage 10 5. Effective upon adoption of this Agreement a pool of four hundred (400) hours shall be available during each year of this contract for time off with pay for Association delegates to attend national and state labor board meetings, conferences and conventions, law enforcement and labor -related training programs and seminars, TMRS training programs or TMRS meetings, provided that said time off with pay shall not exceed a total of four hundred (400) hours each contract year regardless of the number of delegates elected to attend such functions. In no event shall pool hours be used for political fundraising or campaigning. Additional expenses for travel, lodging, etc. are not included. The Association President shall approve in writing the use of pool time, and provide an accounting to a designee of the Chief of Police. 6. Except for a person who holds the position of President of the Association and has elected to be relieved of duty to perform Association duties, no Captain shall be serve as representative for an employee on a grievance, serve on the Association Grievance Committee, or serve on the Association negotiating team. D. Bulletin Boards. The Association may provide and maintain a bulletin board on any premise of the Police Department at its own expense. The City will not authorize the posting of bulletin boards on any premise of the Police Department by any other employee organization, which is qualified to be a collective bargaining agent for police officers. The bulletin board shall be consistent in design and standards to other bulletin boards in the Police Station for posting of routine announcements of meetings, Association business, recreational functions, legislative enactments and judicial decisions. The use of the bulletin board for the postings of partisan political material, editorial comments and viewpoints of employees in any manner, which would be in opposition to existing police working conditions, shall not be allowed. Any material on the bulletin board which the City alleges to be in violation of this agreement shall be promptly removed by the Association. The matter will then be immediately referred to Step "4" of the grievance procedure for resolution. The Association shall be allowed to disseminate bulletin board information under the same rules and regulations adopted for bulletin boards and in accordance with the procedures spelled out below. The Association President or his/her designee shall submit the proposed email in writing to the Chief for distribution to members of the bargaining unit only. The Chief shall approve or disapprove of the proposed email within five (5) calendar days of receipt from the Association. The Chief shall notify the Association of his/her decision in writing. In the event the Chief denies the request, the Association shall have five (5) calendar days from receipt of the Chief's decision to appeal that decision to the City Manager. The City Manager shall either affirm or overrule the decision of the Chief within five (5) calendar days of receipt of an appeal from the Association. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. It is the intention of this provision to allow the Association to provide information to officers only. Nothing herein shall be construed to permit or sanction two-way communication between officers and the Association using this method. Unauthorized use of the email system in response to Association emails sent under this provision shall be subject to departmental policy. IP 11 ARTICLE 4 - ASSOCIATION DUTIES A. Prohibited Practices. Neither the Association nor any employee shall engage in any of the following practices: 1. Restrain or coerce any employee in the exercise of any rights granted under this agreement; 2. Cause or attempt to cause an employee to discriminate against another employee because of the employee's membership or non -membership in any employee organization, or attempt to cause the City to violate any rights of the employee; 3. Discriminate against any employee because he has signed or filed an affidavit, petition or complaint, or given any information or testimony alleging violation of this agreement; 4. Discriminate against any employee covered by this agreement because of race, sex, creed, color, age, national origin, affiliation, association or non -association; or discriminate in the application or interpretation of the provisions of this agreement; 5. Discriminate against any employee who has filed a grievance pursuant to Article 8 of this agreement; 6. Initiate, authorize, aid, or participate in any strike, picketing, or distribution relating to the employee's employment or the employment of any other person by the City or any other employee; or refuse to cross any picket line by whomever established where such refusal would interfere with or impede the performance of the employee's duties as an employee of the City. B. The parties hereto agreed that all negotiations will be conducted exclusively between the designated bargaining representatives of the City and the Association. Neither party will make any effort to bypass the spokesman of the other party during the period of negotiations for amendments to this agreement unless an impasse exists as defined under the "Fire and Police Employee Relations Act," Chapter 174, Local Government Code. C. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the City to compensate, remunerate or otherwise assist employees after the effective date of this agreement shall not alter the terms of this agreement during the life of said agreement. This provision shall not unfavorably affect employees as to any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist employees after the effective date of this agreement. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist employees shall not be incorporated into this agreement; nor shall the City be required at any time to pay any share of said wages, hours, terms and conditions of employment of other benefits. Any reduction or elimination of wages, hours, terms and conditions of employment, and other benefits by the Texas State Legislature that previously required the City to compensate, IPage 12 remunerate or otherwise assist employees after the effective date of this agreement shall not alter the terms of this agreement during the life of said agreement. ARTICLE 5 - MANAGEMENT RIGHTS A. The Association recognizes that the City has statutory and Charter rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested in the City. B. The City shall have the authority to consolidate the operations of two (2) or more departments, and to reorganize the operations within the department, or departments, and the right to lay off employees of the department. C. The City shall have exclusive authority to transfer any governmental operations now conducted by it to another unit of government. Upon such transfer, all agreements are terminated, including this agreement as pertaining to personnel of the department affected by the transfer. D. The City and the Chief shall retain all rights and authority to which, by law, they are entitled. E. It is understood by the parties that every duty connected with operations enumerated in job descriptions is not always specifically described, and it is intended that all such duties shall be performed by the employee. F. The City shall reserve the right to use security personnel which include, but are not limited to, such job classifications incorporated within the Compensation and Classification Plan as Safety Security Officer, Jailer, Lifeguard, School Crossing Guard, and Maintenance Security which require training in law enforcement, safety and security duties, fire fighting skills, emergency medical treatment, water safety, and other similar related skills. Such job classification, as well as similar job classifications adopted in the future which would include public safety personnel for Padre Island, are not subject to the terms of this agreement. G. Notwithstanding any provision in this agreement to the contrary, and without altering any other provision of this Agreement, the City is authorized to civilianize the following positions or units: 1. Departmental Accreditation Manager 2. Fleet Management 3. Narcotics/Vice Investigation Booking Desk 4. Crossing Guard Coordinator IPage 13 5. Police Athletic League (PAL) Coordinator 6. Crime Stoppers 7. Public Information Office 8. Enhanced Digital Access Communications Systems (EDACS) The City reserves the right to use civilians in the Police Department to perform duties that do not require a commissioned officer. Duties that require a commissioned officer are defined to be those duties required by State law to be performed by peace officers. It is specifically agreed that the City may use civilians to perform duties in the Police Department that are presently being performed by civilians irrespective of any requirements of state law concerning the requirement for a police officer. It is also agreed that civilians in the Police Department may not be used as direct supervisors of any commissioned officer. Interpretation of this provision is subject to declaratory judgment action. It is expressly understood and agreed that all provisions of this section shall preempt any statute, local ordinance, City policy, or rule, which is in conflict with or is inconsistent with this Agreement and the procedures developed hereunder, including for example and not by way of limitation, any contrary provisions of Chapters 141, 142, and 143 of the Texas Local Government Code. H. The City reserves the right to use personnel from the Police Department and the Fire Department interchangeably during natural disasters and civil disorders. I. The Chief shall have the exclusive right to: 1. Establish departmental rules and procedures; 2. Discipline or discharge for cause; 3. Determine work and overtime schedules in a manner most advantageous to the City; 4. Establish methods and processes by which work is performed; and 5. Transfer employees within the department in a manner most advantageous to the City. J. Except as provided in this agreement, the City retains the right to operate and manage its affairs in all respects. IPage 14 ARTICLE 6 -MANAGEMENT DUTIES TO THE ASSOCIATION A. The City shall provide the following materials to every employee and the Association in writing or electronically: 1. A current copy of rules and regulations of the department and any amendments, and 2. A true and correct copy of this agreement. 3. A true and correct copy of the Rules and Regulations of the Civil Service Commission for Firefighters and Police Officers for the City of Corpus Christi, Texas, as amended. B. The City shall not engage in the following practices: 1. Interfere with, restrain, or coerce employees in the exercise of rights granted in this agreement; 2. Dominate, interfere, or assist in the formation, existence or administration of any employee organization which is qualified to be a collective bargaining agent for police officers; or contribute financial support to any such organization. 3. Encourage or discourage membership in any employee organization by discrimination in hiring, tenure, training, or other terms or conditions of employment; 4. Discharge or discriminate against any employee because he has filed any affidavit, grievance, or complaint; or given any information or testimony alleging violations of this agreement; or because he has formed, joined, or chosen to be represented by any organization; 5. Discriminate against any employee or employee group because of religion, sex, creed, color, age, national origin, association or non -association or affiliation in an organized employee group or discriminate in the application or interpretation of the provisions of this agreement. C. Hurricane Call Out. The City agrees to provide posted locations prior to a call out for a hurricane where employees may park their privately owned vehicles, and notify the officers of the employee shelter. The City does not guarantee that vehicles will not be damaged at such locations or the safety of any person who remains at the employee shelter during the hurricane. D. The City shall notify the Association in writing of all posted meetings and hearings of the Civil Service Commission for Firefighters and Police Officers for the City of Corpus Christi, Texas. ARTICLE 7 - DISCIPLINARY ACTION A. The Chief shall have authority to demote, temporarily suspend not to exceed two hundred and forty (240) work hours, or terminate any employee for the causes set forth in the Rules and Regulations of the Civil Service Commission for Firefighters and Police Officers of the City. In IPage 15 the alternative, the Chief shall have authority to impose "alternate disciplinary actions" in the nature of required attendance at and participation in remedial, educational or rehabilitative programs. Such programs may be provided by the City or by the City through a third party. The employee may appeal such actions as provided herein. Nothing herein shall be construed to allow appeals of reprimands or other disciplinary actions or alleged disciplinary actions, which were not previously appealable. It shall be within the sole discretion of the Chief to decide whether to utilize the "alternate disciplinary actions" provided for herein, subject to the appeal provided herein. When the Chief chooses to demote, temporarily suspend, or terminate any employee, the arbitrator shall have no authority to consider or substitute an "alternate disciplinary action." B. Disciplinary Statutes of Limitations. The parties will defer to Article 143, Texas Local Government Code, Section 143.052(h) and Section 143.056 for the statute of limitation on disciplinary actions. C. Investigation Guidelines. "Internal Affairs Investigation" means cases where an allegation of misconduct has been made, a complaint has been generated, assigned for follow up investigation; it does not include incidents or situations arising in the field which require initial fact finding to prepare a complaint. In the event that a police officer is interviewed by a division commander, captain, or internal investigator regarding an internal affairs investigation, which, if proven, may result in a suspension or indefinite suspension, the following guidelines shall prevail. This provision shall not apply to officer witnesses who shall be advised of their role in the investigation. 1. The interview of any employee shall be at a reasonable hour, preferably during on - duty hours, if possible, but not necessarily, depending upon circumstances. In the event of a dispute of the reasonable hour determination, the decision of the Chief shall be final. 2. The interview shall take place at a location designated by the investigating officer. 3. The employees shall be informed of the rank, name and command of the officer in charge of the investigation, as well as the rank, name and command of the interviewing officer and the identity of all persons present during the interview. 4. When the officer receives the written notice to appear at Internal Affairs for an interview, the officer shall also receive a copy of the complaint against such officer. The complaint shall include the name of the complainant, the date of the alleged incident and the allegations of the officer's misconduct. Except in exigent circumstances, the employee shall be informed forty-eight (48) hours prior to being interviewed or asked to otherwise respond to an internal affairs investigation. If it is known that the employee being interviewed is a witness only, he shall be so informed. "Exigent circumstances include necessary cooperation during incident scene procedures, including securing the scene, controlling the public, preliminary responses to press inquiries, obtaining witness information, obtaining and processing all physical evidence from the scene or from the officer." IPage 16 5. The interview shall be completed with reasonable dispatch. Reasonable respites shall be allowed. Time shall be provided also for personal necessities, meals, telephone calls, and rest periods as are reasonably necessary. Prior to the interview, the Officer shall be allowed to view any and all digital recordings of an incident involving the Officer, including videos and/or audios. 6. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions. Nothing herein is to be construed as to prohibit the investigating officer from informing the employee that his/her conduct can become the subject of disciplinary action resulting in disciplinary punishment. 7. If an employee is under arrest or is likely to be, that is, if he is a suspect or the target of a criminal investigation, he shall be accorded all rights pursuant to law to which any citizen would be entitled. 8. At the request of the employee or the interviewing officer, the complete interview of the employee shall be recorded (video/audio) or by a stenographer. There will be no "off the record" questions unless so agreed by both parties. All recesses called during the questioning shall be noted in the record. The party requesting (video/audio) recording or recording by a stenographer shall pay all costs of same, unless the parties agree on a cost division between them. 9. Upon request of the employee or the employee's attorney, said employee or attorney shall be given an exact copy of any written statement the employee executed, or if the questioning is (video/audio) or stenographically recorded, the employee or the attorney shall be permitted to record or transcribe from the original recording of the officer's own statement or interview, upon his/her request, or to purchase a copy of the original recording. The City shall provide within a reasonable time prior to the rebuttal conference or hearing ("Loudermill"), the employee or the employee's attorney a reasonable time to review but not copy verbatim or photocopy any complaints, affidavits, other written statements, GPS/AVL readouts, video recordings, audio recordings, and photographs, which have been gathered as part of the administrative investigation. The officer shall not release the provided information to any person other than his/her attorney or Association representative. 10. The refusal of an employee to answer questions and submit reports shall be grounds for disciplinary action. Any answer of the employee may be used as evidence in any disciplinary action against the employee. 11. The investigator for Internal Affairs in charge of the particular case is required to inform the officer prior to being questioned, interrogated and/or investigated that he/she may have one representative, an attorney, Association representative or a personal representative, present during the employee's interview, unless the officer in writing voluntarily waives this right. If an officer is ordered to write a statement, the officer shall be allowed to write the Garrity Warning on the statement. No supervisor may represent or advise his or her immediate IPage 17 subordinate during any interviews conducted in an internal investigation. The Association President may represent or advise an employee during an internal investigation. 12. The Chief of Police recognizes the right of Association members to seek advice or representation by designated Association representatives, and to confer with such designated Association representatives and legal counsel. Such communications to an Association representative are privileged and shall not be the subject of compelled disclosure unless exceptions to the attorney client privilege would apply, had the communication taken place with counsel. Association representatives may not be compelled to reveal the substance of communications, which clearly concern Association business; however, this provision does not insulate any behavior or conduct, including threats by language or disorderly conduct from being fully investigated. D. Prior to any such disciplinary action, the employee and the Association shall be given written notice of contemplated disciplinary action, stating the action or actions contemplated and the reasons therefore, and notifying the employee that he may rebut the charges to the Chief, either orally or in writing, within fourteen (14) calendar days, which time shall be stated in the notice. Nothing herein requires the City to meet service or procedural requirements in providing notice to the Association. E. After the notice and opportunity for rebuttal provided in the preceding paragraph the Chief may demote, suspend, terminate, or take alternative disciplinary action against an employee by personal service on the employee of a written statement of charges. If the Chief should be unable to secure personal service after due diligence, service may be made by placing it in the mail addressed to the employee's last known address along with delivery of the statement to the Association, and proof of such service shall be sufficient to support any disciplinary action. A copy of such statement, along with a copy of the notice of contemplated disciplinary action, shall be promptly filed with the Director of Human Resources of the City. The written statement shall point out the particular rule or rules alleged to have been violated by the employee and the specific act or acts alleged to be in violation. Said statement shall inform the employee that he has fourteen (14) calendar days after receipt thereof to file a written appeal with the Director of Human Resources. If alternate service is obtained as provided herein, the employee shall have fourteen (14) calendar days from service upon the Association. To appeal from any disciplinary action imposed, the employee need only file a letter expressing his/her request to appeal to arbitration within such fourteen (14) calendar day period. Appeal from suspension, termination or demotion shall be decided by one arbitrator, selected according to this contract. F. Upon receiving an appeal from an employee or his/her designee, the Director of Human Resources shall act immediately to notify the Association and Chief of the appeal to arbitration. When an employee will not be represented by the Association, advance payment of $1,000 for the arbitrator must be included with the notice for appeal to arbitration in order for the appeal to be valid. Such advance payment may be waived upon the City's acceptance of a written contract IPage 18 with the employee for payment of any charges, which might be incurred by the officer as a result of an appeal to arbitration. The Director shall immediately request a list of seven (7) qualified neutrals who are members of the National Academy of Arbitrators from the American Arbitration Association or other qualified agencies, which may be mutually agreed upon for this purpose. Within seven (7) calendar days after receipt of the list, the Director of Human Resources shall contact the employee or his/her designee in order for the employee or his/her designee and the City to alternately strike the names on the list, and the remaining name shall be the arbitrator. If the parties cannot agree as to who shall strike first, the parties shall decide by a coin toss. G. The hearing shall be commenced within such reasonable time as the arbitrator selected can be scheduled. If the arbitrator selected cannot commence the hearing within fifty (50) calendar days from his/her selection, either party may, within five (5) calendar days of so learning, call for selection of a new arbitrator, and if the parties cannot agree upon a substitute within five (5) calendar days of so learning, another arbitrator shall be selected from a new list of seven (7) names immediately requested from the American Arbitration Association, according to the procedure set out herein. The hearing shall be scheduled so that it can be completed without break, in consecutive calendar days (excluding weekends and holidays). The arbitrator shall make an award within thirty (30) calendar days of the close of evidence in standard arbitration hearings, and within seven (7) calendar days of the close of evidence in expedited arbitration hearings. Post hearing briefs shall only be permitted in standard arbitration hearings, and must be mailed to the arbitrator within seven (7) calendar days of the close of evidence in the hearing. A stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing. Should there be no agreement, the party desiring the transcript may have the transcript made at its sole expense. The award of the arbitrator shall state which particular factual charges he finds to be true, if any, and the particular rules he finds such conduct to have violated, if any. Where the charges are upheld, the award shall state whether the discipline imposed is upheld, or whether some lesser discipline is substituted. H. The following rules shall govern the conduct of hearings under this section, and of certain preliminary matters: 1. Upon the request of either party addressed to the opposing party at least seven (7) calendar days prior to the date of hearing, the parties shall exchange the names of witnesses expected to be called at the hearing. Upon failure of a party to disclose such witnesses, the arbitrator may exclude their testimony. Each party shall pay the subpoena fee of their own non - city witnesses. 2. The arbitrator shall have the power to subpoena witnesses, records and other evidence, upon not less than seven (7) calendar days' notice. Pursuant to such notice, the Director of Human Resources shall issue subpoenas requested by the parties in the name of the arbitrator. A party may apply to the arbitrator to quash a subpoena issued by the Director of Human IPage 19 Resources. Any subpoena for records or documents shall not exceed the scope of discovery allowed by the arbitrator, and shall be served on the Department Director in constructive custody of such records or documents. Nothing herein shall prohibit the City from seeking common law relief in the state district court if the arbitrator exceeds his/her jurisdiction in regards to discovery. 3. In all hearings under this section, the City shall prove its case by a preponderance of the evidence. 4. The parties, in writing, may request discovery from each other concerning the case. Should the other party not agree to provide the requested information within seven (7) calendar days of the request. the request shall be deemed denied. The requesting party may then apply to the arbitrator, who shall order such discovery as appropriate to the nature of the case, subject to rules of discovery in Texas civil cases. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested within the seven (7) calendar days prior to the hearing. 5. All hearings shall be public unless requested by the appealing employee that the hearing shall be closed to the public. In any event, the final decision of the arbitrator shall be public, although public announcement may be reasonably delayed upon request of the parties. 6. Unless otherwise provided in this contract, the conduct of the hearing shall be governed by the rules of the American Arbitration Association. 7. No supervisor may represent any subordinate in disciplinary hearings held under this Article. The Association President, regardless of rank, or a designee who is not a supervisor is exempt from the provisions of this paragraph. I. The arbitrator shall have all powers vested in the Commission under Chapter 143 and the Commission Rules, with respect to suspensions, terminations, and demotions, except the power to amend such rules. J. Any notice or statement required to be filed by the Chief of Police or the employee in a disciplinary proceeding under Chapter 143, under Commission Rules, or under this contract, shall be filed with the Director of Human Resources of the City. K. The decision of the arbitrator is final and binding on all parties. A district court may hear an appeal of an arbitrator's award only on the grounds that the arbitrator was without jurisdiction or exceeded his/her jurisdiction or that the order was procured by fraud, collusion, or other unlawful means. L. Unless otherwise provided in this contract, in cases of conflict, the provisions of this contract will control over Chapter 143, Civil Service Commission Rules, and American Arbitration Association Rules; and Chapter 143 and Civil Service Rules promulgated pursuant to IPage 20 it shall control over American Arbitration Association Rules or rules of other qualified agencies as mutually agreed upon for this purpose. M. A probationary employee may be discharged at the discretion of the Chief, without appeal to arbitration, to the Commission, or to any court, at any time during the three hundred and sixty- five (365) calendar -day period subsequent to being commissioned as a police officer. N. Notwithstanding any other provision of this Agreement, the Chief shall have authority to impose any disciplinary action upon an employee, which is agreed to in writing by the Chief and the employee. The employee shall have no right to appeal such agreed disciplinary action, and no administrative or judicial body shall have power to review such disciplinary action or alter the terms of the agreement. O. Any deadline or time restrictions set out in this contract with respect to disciplinary proceedings may be modified by written agreement of the parties. However, neither party may be compelled to waive its right to insist upon the deadline and time restrictions provided by the contract. P. In addition to disciplinary powers vested in the Police Chief, the following supervisors shall have the right to suspend for cause, said suspensions not to exceed the following limits. • Assistant Chiefs may suspend from thirty-one (31) work hours to a maximum of two hundred and forty (240) work hours without pay for any officer; • Police Commanders may suspend not to exceed twenty-four (24) work hours without pay for an officer assigned to work an eight (8) hour shift and thirty (30) work hours without pay for an officer assigned to work a ten (10) hour shift; and • Police Captains may suspend not to exceed sixteen (16) work hours without pay for an officer assigned to work an eight (8) hour shift and twenty (20) work hours without pay for an officer assigned to work a ten (10) hour shift; Such suspensions may be appealed within seven (7) calendar days to the Chief, and further appeal shall be to arbitration, according to the procedures for disciplinary actions by the Chief, except that no pre -suspension notice by the Chief shall be necessary, and the Chief may adopt the supervisor's letter as his/her own. If an Officer appeals his/her suspension to the Chief, then the issued suspension will not begin and the fourteen (14) calendar day deadline for requesting arbitration will not start running until the Chief makes his/her final written decision and notifies the officer in writing. Q. In cases of appeal from suspensions, indefinite suspensions, demotions, and promotional passovers the City and the aggrieved employee are encouraged to voluntarily attend a mediation to resolve issues raised by an appeal. The City and the aggrieved employee shall share equally the fees and expenses of the mediation and/or arbitration. Where the Association represents the employee, it shall share equally the arbitration fees and expenses with the City. All other costs of mediation and/or arbitration shall be borne by the party incurring those costs. IPage 21 If the City and the aggrieved employee agree to attend mediation prior to initiating the arbitration process, the mediation must occur within thirty (30) calendar days from the date the City and aggrieved employee agree to mediate, unless otherwise agreed upon in writing. Should the issues not be fully resolved by mediation, the fourteen (14) calendar day deadline for requesting arbitration will not start running until after mediation is conducted. If the City and the aggrieved employee agree to attend mediation after the arbitration process is initiated, the mediation shall occur within thirty (30) calendar days from the date the City and the aggrieved employee agree to mediate, unless otherwise agreed upon in writing. Any applicable deadlines for either side are abated until after mediation is conducted. R. All hearings which are expected to be completed in one (1) day shall be submitted for expedited arbitration. On all other hearings, the parties may agree to request expedited arbitration. S. To the extent that any provision of this Article conflicts with or changes Chapter 143 or any other civil service statute, the statute is so amended, as authorized by Chapter 174. T. Any officer temporarily suspended at the discretion of the Chief may be allowed to forfeit vacation leave, holidays, or compensatory time in lieu of suspension (which means that the officer forfeits leave but does not have days off, and continues to work his/her regular schedule); however, any officer temporarily suspended for a period of thirty (30) hours or less shall be allowed to forfeit vacation leave, holidays, personal leave or compensatory time in lieu of suspension (in like manner as above) if the officer agrees not to appeal the suspension. After twenty-four (24) months, the City agrees not to use such un -appealed disciplinary action in any future disciplinary case. U. Written reprimands may be issued by any supervisor to an officer without requiring prior notification. Copies of all written reprimands shall be given to the affected officer. The officer may reply in a letter of rebuttal within thirty (30) calendar days from receipt of the letter of reprimand, and such letter of rebuttal shall become a part of the officer's permanent civil service file. No written reprimand shall be placed in the file without the officer's knowledge. Letters of counseling shall become a part of an officer's departmental file. V. If the officer appeals a suspension of thirty (30) hours or less, the losing party shall pay all fees and expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and may find that both parties lost in part and apportion fees and expenses accordingly. W. To the extent that any provision conflicts with or changes Chapter 143 or any other statute, executive order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code. ARTICLE 8 - GRIEVANCE PROCEDURE A. Scope of Grievance Procedure. The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. Only matters (Page 22 involving the interpretation, application, or enforcement of the terms of this agreement, shall constitute a grievance under the provisions of this grievance procedure, with the exception of Whistleblower claims. Any claim of adverse action based on Whistleblower status under Article 554, Government Code or federal law shall follow the process set forth in Section E. B. Association Representation. A grievance may be brought under this procedure by one (1) or more aggrieved employees to the Association or by the Association itself in cases where the subject of the grievance is an on-going practice by the City which affects the bargaining unit as a whole ("Class Action"). C. Time Limitations. The aggrieved employee or employees shall bring the grievance in writing to the Association within thirty (30) calendar days of its occurrence; or if at the time the aggrieved employee is unaware of the grievance, within thirty (30) calendar days of aggrieved employee's knowledge of its occurrence. The Association in a Class Action shall bring the grievance to the Chief of Police within thirty (30) calendar days of its occurrence; or if at the time the Association did not know or should have known of the grievance, within thirty (30) calendar days of the Association's knowledge of its occurrence. The time limits prescribed herein may be waived by mutual agreement, in writing, by the Association and the appropriate management representative at each step. D. Steps: Step 1. Association Review. The aggrieved employee shall submit his/her grievance in writing to the Association within thirty (30) calendar days as required in Section C. Any grievance not submitted to the Association within the prescribed time limit shall not be considered timely and shall be void. Within thirty (30) calendar days of receipt of the grievance, the Association shall determine whether the grievance is valid and notify the Chief of Police in writing pursuant to Step 2. The Association shall judge each grievance in a fair and equitable manner and shall not discriminate against employees who are not Association members. In its sole discretion, the Association shall determine whether the grievance is valid or not. The Association may modify, revise, or amend the grievance if necessary to properly place the dispute in issue for resolution. Only the Association has standing to initiate or pursue a grievance under the terms of this Agreement, after consideration of an alleged grievance by a bargaining unit member or the Association. Step 2. Chief of Police Review. If the grievance is approved by the Association, the Association shall pursue the grievance to Step 2 with the Chief of Police on the Grievance Form (Appendix "C"). The written grievance at this step and at all steps thereafter shall contain the following information: (1) a statement of the grievance setting out the specific provision of this agreement to be interpreted, applied or enforced and the facts upon which it is based; (2) how the facts result in a violation of the agreement; (3) the remedy or adjustment sought including a clear statement of the proper interpretation, application or enforcement of this agreement; and (4) the signature of the aggrieved employee. The Chief of Police shall respond in writing to this grievance within sixty (60) calendar days of its receipt. The written response at this step, and management responses at all steps thereafter, shall contain the following information: (1) an affirmation or denial of the facts upon which the grievance is based; (2) an analysis of the IPage 23 alleged violation of the agreement; (3) the remedy or adjustment, if any, to be made; (4) the signature of the appropriate management representative. The Chief of Police or designee shall hand -deliver a copy of the response to the Association. If the Chief of Police does not respond within sixty (60) calendar days, the grievance shall be deemed denied and the Association may proceed to the next step. The aggrieved employee may not be represented by a member of the department who is in the aggrieved employee's chain of command. The Association with or without the consent of the aggrieved employee may withdraw the grievance at this step. Step 3. City Manager Review. The Association may submit a written grievance from Step 2 to the City Manager within thirty (30) calendar days of receiving the Chief of Police's written response. The City Manager shall respond in writing to this grievance within thirty (30) calendar days of its receipt. If the City Manager does not respond within thirty (30) calendar days, the grievance shall be deemed denied and the Association may proceed to the next step. Failure of the Association and the City Manager to resolve the grievance in writing or to submit to arbitration at the conclusion of Step 3 shall be the conclusion of the grievance. Step 4. Arbitration. The Association may request, within thirty (30) calendar days of the denial at Step 3, that the grievance be submitted to arbitration. If arbitration is requested by the Association, the parties may mutually agree to use the Federal Mediation and Conciliation Service (FMCS), or any other person mutually agreeable to the parties. If the parties cannot mutually agree, a list of seven (7) qualified neutrals who are members of the National Academy of Arbitrators shall be requested from the American Arbitration Association (AAA). The Director of Human Resources, or designee, shall make contact with the service selected to request a list of qualified neutrals. Within seven (7) calendar days after receipt of the list, the Director of Human Resources or designee shall contact the President of the Association or his/her designee in order for the Association and the City to alternately strike the names on the list, and the remaining name shall be the arbitrator. The City and the Association shall alternate as to which party strikes first on each list. The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from or modify, the provisions of this agreement in arriving at a decision on the issue or issues presented; and shall confine his/her decision solely to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not directly presented in the grievance. The decision of the arbitrator shall be final and binding upon the aggrieved employee, the Association and the City. The losing party shall pay all the fees and expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and may find that both parties lost in part and apportion fees and expenses accordingly. Each party shall pay the subpoena fee of their own non -city employee witnesses. (Page 24 E. Whistleblower Claims. The submission shall state specifically each law, which is or was believed to have been violated and the factual basis for the claimant's belief that such a violation occurred. It shall further state each "appropriate law enforcement authority" to whom or which the violation has been reported. The grievance shall be filed at Step 2 (Chief of Police) and proceed through the steps in this process, provided however, that if the Chief is implicated in any of the reports the Chief shall not be included in the steps, other than Step 4, of the grievance process. In that instance, the City Manager shall designate the alternate step. ARTICLE 9 - HOURS OF WORK A. Workweek. The workweek shall consist of forty (40) hours per seven (7) day work cycle. "Regular rate" and "regular rate of pay" as used in this agreement means base pay and longevity only, in accordance with historical payroll practice, and does not have any statutorily derived meaning. A meal break may be taken during the shift scheduled in compliance with the rules and regulations of the department. Notwithstanding any other provision in this agreement, the City shall be entitled to implement and qualify for meal time credit under the provisions of Section 142.0015(i), Local Government Code and 29 C.F.R. 553.223 and 785.19. Any work required in holdover from a shift shall not be compensable unless it exceeds fifteen (15) minutes. Where fifteen (15) minutes is exceeded, all time worked in holdover from shift shall be paid at the overtime rate, calculated in fifteen (15) minute intervals. Any time in excess of any fifteen (15) minute interval shall be compensated to the next quarter hour. B. Overtime. Overtime shall be defined as authorized work performed in excess of the regular workweek. Where overtime occurs as a result of shift assignment change all employees excluding those serving at the rank of Police Commander or above may elect to be paid straight time for the time worked or an equal amount of compensatory time. Where the employee elects to be paid, calculation for pay shall be made during the pay period in which the overtime was accrued. Productive time for the purposes of calculating overtime in a workweek includes vacation leave, holidays, sick leave, and compensatory time, and any other authorized leave. Both parties believe that the pay and benefits under this agreement exceed the statutory minimums set by federal and state law for straight and overtime pay. In any enforcement action under federal or state law, the City shall be entitled to credit for all payments made under this contract which exceed the statutory pay obligations, including but not limited to the foregoing "productive time" provision, irrespective of the pay period or pay cycle when such occurred. The City shall also be entitled to the full extent of the partial exemption under 29 U.S.C. 207 (k) in any such enforcement action. Should any court rule or hold that the City is not entitled to the full credit provided herein, the City may reopen negotiations during the term of this contract to address any issue necessary as a result of such ruling, and the duty of each party to bargain under Chapter 174 shall apply. Except as provided below, all employees, excluding those serving at the rank of Police Commander or Assistant Police Chief, may elect to be compensated for overtime either in cash at the rate of one and one-half (1-1/2) times the employee's regular rate of pay, or in compensatory time equal to one and one-half (1-1/2) times the actual hours of overtime worked for all other overtime worked. Overtime worked for which the City will be reimbursed for overtime by Federal or State Grants that restrict compensation for such overtime to cash only will be compensated in cash only. In addition to the above, the City and Officers will recognize IPage 25 and comply with all limits placed on overtime by the Federal and/or State Grants. Officers shall be notified prior to accepting such an assignment that the payment for overtime shall be in cash only and not compensatory time. Scheduling of compensatory time shall be at the discretion of the Chief. Effective upon adoption of this Agreement, in the event of separation in good standing, the City shall pay accrued compensatory time not to exceed three hundred and sixty (360) hours at the employee's regular rate of pay. Effective August 1, 2011, in the event of separation in good standing, the City shall pay accrued compensatory time not to exceed four hundred and eighty (480) hours at the employee's regular rate of pay. Effective upon execution of this Agreement not more than three hundred and sixty (360) hours of compensatory time may be accrued. Effective August 1, 2011 not more than four hundred and eighty (480) hours of compensatory time may be accrued. Overtime at the rate of two (2) times the regular rate of pay will be paid for work performed on Thanksgiving Day, Christmas Day and Easter Sunday. Overtime at the rate of one and one-half (1-1/2) times the regular rate of pay will be paid for work performed on any other holiday listed in Article 11. In an effort to minimize non -volunteer overtime for events scheduled ninety (90) calendar days or more in advance, the Chief will have posted sign-up sheets for voluntary overtime assignments thirty (30) calendar days prior to the event. Sign-up sheets will remain posted until two (2) workweeks prior to event. Based upon the sign-up list, non -voluntary overtime assignments will be made or rescheduling will be done by the City in order to provide the necessary on duty police services for the event. When ordered by the Chief to work during an emergency or assigned to some duty not normally attendant to their supervisory and management responsibility of their job assignment or division, Commanders shall be compensated at the rate of one and a half (1-1/2) times and may be compensated in cash or compensatory time, for those hours worked over and above the regular forty (40) hour workweek. C. Court Time and Call Back. 1. Employees while off duty that are called back to duty or subpoenaed to give testimony in court about events arising out of their employment shall be compensated at the rate of one and one-half (1-1/2) times the employee's regular rate of pay with the minimum compensation of three (3) hours. 2. Employees who are subpoenaed while on vacation to give testimony about events arising out of their employment shall be compensated during the first eight (8) hours of testimony for the employee's vacation time in that workweek as well as compensated for actual hours worked at the rate of one and one-half (1-1/2) times the employee's regular pay with a minimum compensation of two (2) hours. Compensation for subsequent Court testimony after the initial eight (8) hours shall be at the rate of the employee's regular pay. 3. Employees who are called back to duty while on vacation shall be compensated for the employee's vacation time in that workweek as well as pay with a minimum compensation of IPage 26 two (2) hours, except that where an emergency exists, the employee's vacation may be canceled by the Chief, whereupon said employee shall be paid at his/her regular rate of pay. 4. The Association and the City shall work together in the Labor -Management Relations Committee in an effort to minimize unnecessary standby time. 5. Restricted on-call compensation. Off-duty employees who are ordered by the Chief to be on restricted on-call duty shall be compensated at a rate of $1.00 per hour while assigned to such on-call duty. On-call duty restrictions shall be determined by departmental policy. D. Deferred Compensation for Overtime. The City shall establish a policy under which officers who participate in a deferred compensation plan which has been approved by the City shall be eligible to defer all accrued overtime in increments of one (1) hour or more into their deferred compensation plan. The policy shall require prior designation by the employee of the election to participate for a period of at least six (6) months. All overtime deferred under such policy shall be deposited directly to the officer's account in such deferred compensation plan. The City may require that the employee release and hold the City harmless for any penalties or other liability incurred by the City as a result of allowing the employee to defer overtime compensation under this provision. ARTICLE 10 — SALARY AND BENEFITS A. Monthly Salary Schedule 1. The basic ranks and classifications within the City of Corpus Christi Police Department shall be established by the City by ordinance pursuant to Texas Local Government Code Section 143.021 and its management rights. 2. The Parties agree that the applicable monthly pay rates for the current Police Officer basic ranks and steps within the Department will continue at their respective current rates from the date this Agreement is ratified and executed until October 1, 2017. 3. Effective October 1, 2017, the monthly pay rates for the basic ranks and steps within the Department will be as follows which includes a two percent (2%) increase for Fiscal Year 2017-2018 and a two percent (2%) increase for Fiscal Year 2018-2019: Effective October 1, 2017 (2%) Class Code Class Title Starting 6 -mo 18 -mo 30 -mo 42 -mo 60 -mo m20o P08 Trainee 3,687 P07 Police Officer 4,282 4,496 4,730 4,980 5,238 P06 Senior Officer 5,493 5,759 6,048 6,350 IPage 27 P05 Lieutenant 6,510 6,673 6,838 7,013 7,364 Class Class Starting 6 -mo 18 -mo 30 -mo 42 -mo Code Title Starting 9 -mo 18 -mo 36 -mo 60 -mo PO4 Captain 7,511 7,661 7,744 7,857 7,939 Effective October 1, 2018 (2%) Class Code Class Title Starting 6 -mo 18 -mo 30 -mo 42 -mo 60 -mo 0- mo P08 Trainee 3,761 36 -mo 60 -mo PO4 Captain 7,662 7,814 P07 Police Officer 4,368 4,586 4,824 5,079 5,342 P06 Senior Officer 5,603 5,874 6,169 6,476 P05 Lieutenant 6,640 6,806 6,975 7,153 7,511 Class Code Class Title Starting 9 -mo 18 -mo 36 -mo 60 -mo PO4 Captain 7,662 7,814 7,899 8,014 8,097 Qualifications: 1. Senior Officer. To qualify for a pay step at sixty (60) months of service as a Senior Officer, each Senior Officer must possess and Advanced Certificate from TCOLE or a bachelor's degree from an accredited college or university. To qualify for a pay step at one hundred and twenty (120) months of service as a Senior Officer, each Senior Officer must possess either a Master Peace Officers Certificate from TCOLE or a bachelor's degree from an accredited college or university. 2. Lieutenant. To qualify for a pay step at sixty (60) months of service as a Lieutenant, each Lieutenant must possess a Master Peace Officer's Certificate from TCOLE or bachelor's degree from an accredited college or university. To qualify for a pay step at one hundred and twenty (120) months of service as a Lieutenant, each Lieutenant must possess a bachelor's degree from an accredited college or university. If a Senior Officer is promoted to Lieutenant, the employee shall be placed in the pay step that gives the employee an increase in pay. Current page 28 Lieutenants who have one hundred and eighty (180) months of service or more as a Lieutenant at the date of execution of this agreement shall be entitled to this step without a bachelor's degree, but this provision shall not apply to any person without a bachelor's degree thereafter. To the extent that any provision of this article conflicts with or changes Chapter 143 or any other statute, executive order, local ordinance or rule, this agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas Local Government Code. B. Health Insurance and Life Premiums 1. Health Care Plan: The City shall provide health care coverage for Police Officers and their dependents. The plan(s) will be called Public Safety Citicare. The City shall pay one hundred percent (100%) of the employee's premium and fifty percent (50%) of the premium for dependent coverage towards the Public Safety Citicare Plan. Premium rates shall be determined using the agreed methodology described in this Agreement. In the event alternate plans are introduced in the future, the dollar amount of City Contribution will always be based upon the outcome of this provision toward all plans and employee tiers of coverage unless otherwise agreed upon by the Association. The City agrees to provide the Association and/or its consultant(s) information used by the City to determine premiums (with the exception of information subject to privacy limitations under the state or federal law, including HIPPAA, unless proper agreements or authorizations have been executed). The City will notify the Association, in advance, of any Employee Insurance Advisory Committee meetings. The Association will be allowed to have representation on the Employee Insurance Advisory Committee, and on any committees formed to evaluate proposals in response to Requests for Proposals related to negotiated benefits of the bargaining unit. The City shall notify the Association in writing of premium increases with a minimum of sixty (60) calendar days' notice of any change, and of health plan changes with a minimum of thirty (30) calendar days' notice of any change. The City retains the right to negotiate with insurance carriers, third party administrators and their related sub -contractors and/or medical providers to provide insurance coverage or administration of the Public Safety Citicare Plan(s). The benefits in the plan that will be negotiated will be hospitalization deductibles, maximum out of pocket amounts, co -pays and co-insurance percentages. Participating Provider Service Areas shall always include the following areas: Corpus Christi and the surrounding area, South Texas, Dallas/ Ft Worth, Houston, San Antonio/Laredo and Austin. Out of Network is the use of any hospital, physician or other health care facility or professional that has not signed an agreement with the City's preferred provider network. IPage 29 In the event a covered member does not live or work in an area with in -network providers, and in cases of emergency care, services provided outside the participating provider service areas will be provided at the in -network level of benefits. The City will fulfill its obligations to conduct a bi-annual actuarial study of the GASB liability and adjust the cumulative recorded OPEB liability accordingly. Plan changes mandated by federal health care legislation will be implemented as required. The Association will be notified of such changes. The following components will be used to calculate the premiums for active employees and retirees under age 65: 1. Third Party Administrator (TPA) administrative fees 2. Stop loss premiums 3. Incurred and paid medical and prescription drug claims (after stop loss adjustments, rebates, subrogation recoveries, coordination of benefits recoveries) of all plan participants (active employees, retirees, and participating dependents), with allowance for adjustment based upon expected benefit plan, enrollment or other changes. The base time frame for this data will be based upon a consecutive seventeen (17) month time period ending seven (7) months prior of effective date of such rate and benefit changes. The resulting net claim factors will be converted to a twelve (12) month equivalent for purposes of establishing the base claims factor to be used in the calculation to determine contributions. 4. A prorated contribution toward the cost of an onsite primary care clinic (the percentage of members covered under the Public Safety Plans divided by the total covered members under the City's health plans who are eligible to use the clinic times the estimated annual cost of the clinic). 5. Incurred But Not Reported (IBNR) claims, as actuarially determined 6. The net change in forecasted and prior period catastrophic reserve funding (10% of actuarial projected claims expense). 7. Assumptions for inflation and trend components used to estimate future claims will incorporate prevailing plan specific, regional, and national trends, as well as the anticipated impact of any mandated benefits, and any other factor(s) determined to impact the overall trend. Actuarial and consulting input from both parties will agree upon the factor(s) applied in accordance with professional, ethical and generally accepted practices. If agreement is not reached, within two (2) weeks after the actuary report is provided to the Association, the City will implement the recommendation (Page 30 of its Actuary. The City must notify the Association in writing of its intent to implement its actuarial recommendation. The Association has seven (7) calendar days from receipt of that notice to appeal in writing to the City Manager and request the dispute resolution process as outlined below. Each party's actuary shall mutually agree within seven (7) calendar days upon a third neutral actuary. The parties shall submit position papers within fourteen (14) calendar days from the date of his/her selection. A decision in writing by the neutral actuary as to the factors applied to determine the contribution requirements for active employees and retirees under age 65 shall be delivered to the parties within seven (7) calendar days and shall be binding on all parties. Each party shall pay the total fees and expenses of their own actuary and each shall pay half of the fees and expenses of the neutral actuary. 8. The cumulative net fund balance. • The initial fund balance to be used for the first measurement period will be the actual Public Safety Fund Balance, but not be less than $4,000,588.22 Net fund balances (the difference between the total fund balance and the OPEB liability) for the plan will carry forward throughout this Agreement. The balance allocated for OPEB liability on July 31, 2009 is agreed to be $2,152,317.00. • In the event that the net fund balance becomes less than thirty percent (30%) of the forecasted plan expenses (excluding the amount allocated to IBNR and catastrophic reserves) the Association and the City will take action through either plan design changes or funding amounts to maintain a minimum fund balance of thirty percent (30%) of the forecasted plan expenses (excluding the amount allocated to IBNR and catastrophic reserves). The City and the Association will not be obligated to agree but reserve the right to agree to an increase in the funding or a change in benefits if the minimum fund balance is projected to be higher than 30% of the forecasted plan expenses (excluding the amount allocated to IBNR and catastrophic reserves) in order to mitigate future changes to the plan. a. The plan shall be structured as follows: PUBLIC SAFETY CITICARE BENEFITS IN NETWORK (Participating Providers) OUT OF NETWORK PLAN YEAR DEDUCTIBLE No Plan Year Deductible $200 Per Individual $500 Max. Family PHYSICIAN SERVICES (Page 31 In -Patient Out -Patient Emergency Room $15 Co -Pay 70/30% Coinsurance Lab Work Physician's Office Lab Facilities Hospitals $10 Co -Pay 70/30% Coinsurance X-RAYS Physician's Office X -Ray Facilities $10 Co -Pay $15 Co -Pay 70/30% Coinsurance Emergency Room Services $50 Co -Pay Then 80/20% Coinsurance 70/30% Coinsurance Hospitalization In -Patient $200 Per Individual $600 Max Family Deductible Then 85/15% Coinsurance 70/30% Coinsurance Hospitalization Out -Patient $100 Deductible Per Individual $250 Max. Family Deductible Then 85/15% Coinsurance 70/30% Coinsurance Retail Prescriptions Co -Pays: $0 Generic $20 Preferred Brand $40 Non -Preferred Brand No Deductible 70/30% Coinsurance Prescriptions Mandatory Mail Order 90day and Maintenance Prescriptions Co -Pays: $0 Generic $20 Preferred Brand $40 Non -Preferred Brand No Deductible 70/30% Coinsurance Out -Of -Pocket Cost Excluding Co -Pays & Deductibles $500 Per Individual $1,250 Max. Family $700 Per Individual $1,750 Max. Family Lifetime maximum Benefit = $2,000,000, unless otherwise required by law. b. Public Safety Citicare CDHP (Consumer Driven Health Plan) with Health Savings Account This plan will be offered concurrently with the plan described in section b, with employees having the option to participate in either plan. Election of the Public Safety Citicare CDHP with HSA can only be made at the time of hire or during the open enrollment period. IPage 32 The plan design will be: BENEFITS IN NETWORK (Participating Providers) OUT OF NETWORK PLAN YEAR DEDUCTIBLE (Embedded) $2,600 Per Individual $5,200 Per Family $3,500 Per Individual $7,000 Max. Family PHYSICIAN SERVICES In -Patient Out -Patient Emergency Room Subject to deductible and then 100% coverage 70/30% Coinsurance Lab Work Physician's Office Lab Facilities Hospitals Subject to deductible and then 100% coverage 70/30% Coinsurance X-RAYS Physician's Office X -Ray Facilities Subject to deductible and then 100% coverage 70/30% Coinsurance Emergency Room Services Subject to deductible and then 100% coverage 70/30% Coinsurance Hospitalization (In -Patient) Subject to deductible and then 100% coverage 70/30% Coinsurance Hospitalization (Out -Patient) Subject to deductible and then 100% coverage 70/30% Coinsurance Retail Prescriptions Co -Pays (will only apply to eligible preventive care drugs, all other drugs are subject to the deductible): $0 Generic $20 Preferred Brand $40 Non -Preferred Brand 70/30% Coinsurance Mandatory Mail Order (90day and Maintenance) Co -Pays (will only apply to eligible preventive care drugs, all other drugs are subject to the deductible): $0 Generic $20 Preferred Brand $40 Non -Preferred Brand 70/30% Coinsurance IPage 33 Out -Of -Pocket Cost $0 Per Individual $2,000 Per Individual (Excluding Co -Pays & $0 Max Family $4,000 Max Family Deductibles) Lifetime Maximum Benefit = $2,000,000 unless otherwise required by law. All in -network co -pays count toward the annual (embedded) deductibles. Eligible in -network preventive drug expenses are not subject to the deductible. The City will contribute no less than $75 per month into an HSA account for each eligible employee participating in the CDHP Plan. The CDHP Plan will price overall funding contributions at a factor of 0.77 times the funding rates for the Public Safety Citicare Plan. Following the first plan year anniversary after the implementation of the CDHP Plan, the actual amount of the City's contribution into the HSA account will be 0.75 times the difference between the Public Safety Citicare Plan total employee only rate and the rate and the rate charged for the Public Safety CDHP Plan (HSA). In the event that the CDHP Plan benefits or rates are adjusted any revisions to the benefits will be incorporated into the pricing differential between the CDHP and the offered Public Safety Citicare Plan and the contributions made toward the HSA account will continue as described in this Agreement. As a health plan expense, funds for the HSA contribution will be allocated to the health plan fund, as all other related contributions, and then disbursed to individual HSA accounts. c. Provisions Applying to All Offered Plans as of January 1, 2011 HPV vaccinations up to age 25 will be covered at one hundred percent (100%) up to a $500 annual maximum benefit and not subject to any co -pay or cost sharing provision. The routine mammography benefit will have a per procedure maximum benefit of $150 not subject to any co -pay or cost sharing provision. Benefits for Hospice Care, both facility and home based care, will be covered as any other illness, maximum of ninety (90) days coverage per lifetime. Benefits for Home Health Care and Skilled Nursing Facility Care will_be covered as any other illness, maximum of ninety (90) days coverage per plan year. d. Compliance with Federal and State Laws If the City believes that state or federal laws require a plan change in order to avoid penalties and excise taxes, to satisfy the statutory and legal coverage and benefit requirements and to preserve the flexibility to make needed changes to comply with the federal and state laws, including but not limited to the Affordable Care Act's complex and evolving requirements, the City shall notify the Association in writing of its desire to make such plan changes. The parties shall meet and confer in good faith for a period of thirty (30) calendar days to try and come to a mutual agreement regarding the City's proposed changes to the Public Safety Citicare Health Insurance Plan or whatever health care plan is in place for Public Safety. If the parties are unable to reach IPage 34 an agreement within thirty (30) calendar day period, then the parties mutually agree to retain a qualified licensed professional health insurance expert to assist in this effort. The retained expert will be authorized to effect only those changes to the Plan which are minimally necessary to ensure that the City and the Public Safety Health Insurance Plan are not subject to any penalties and excise taxes and to ensure that the Plan complies with any Federal and State Laws. e. Affordable Care Act Cadillac Tax and Health Care Plan Transition If the Affordable Care Act is still in effect on April 1, 2017 and the City is subject any excise taxes, penalties or liabilities, commonly referred to as the "Cadillac Tax," for Public Safety Citicare Health Insurance Plan or whatever health care plan is in place for Public Safety at the time, the parties shall meet and confer beginning May 1, 2017 for a period of thirty (30) calendar days and discuss in good faith any excise taxes, penalties or liabilities that are to be levied against the City by the ACA and how to modify the Public Safety Citicare Health Insurance Plan so that the City is not subject to the Cadillac tax. The parties will mutually agree to retain a qualified licensed professional health insurance expert to assist in this effort. If no resolution is arrived at after the meet and confer period, the retained expert is authorized to effect only those changes to the Plan which are minimally necessary to ensure the City and the Public Safety Citicare Health Insurance Plan are not subject to the Cadillac Tax and any other excise taxes, penalties or liabilities under the ACA. In no event will the City pay any taxes or penalties as a result of the Public Safety Citicare Health Insurance Plan. 2. Retiree Health Insurance Coverage. Employees who retire under the conditions of regular TMRS retirement, and their participating dependents, covered on the last day of employment, shall be eligible to continue participation in the City's group health insurance program at monthly premiums subject to periodic changes in rates as required. The total cost of such continued coverage shall be paid entirely by the retiree and/or spouse. The spouse's rights shall continue after the employee's death, but shall terminate upon divorce. Coverage shall remain in force for the retiree while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the Public Safety Citicare Plan will cease. While the retiree remains in the City's group health insurance program or fully insured plan offerings for Medicare eligible retirees coverage shall remain in force for the retiree's spouse while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the Public Safety Citicare Plan shall cease. Coverage shall remain in force for the retiree's participating dependent children while paid until they become ineligible as defined in the plan at which time coverage in the Public Safety Citicare Plan shall cease. Medicare eligible retirees and Medicare eligible dependents will be eligible to participate in the City's fully insured plan offerings for Medicare eligible retirees. 3. Association Supplemental Insurance Programs. The Association may select and change any group supplemental insurance coverage for officers and/or dependents in which plan officers may opt to participate. The City will provide payroll deduction for any officer participating who authorizes same to cover any additional amount of premium for such participation. The Association shall give the City at least thirty (30) calendar days advanced written notice of any change in the plan, eligible participants, or the amount of premiums. The IPage 35 City will contribute $47.00 per month, per officer, for any officer opting to participate in any selected plan. The City shall contribute an additional $15.00 per month, per officer, with dependents toward any selected plan for such officers provided that a minimum of seventy-five percent (75%) of officers with dependent(s) opt to participate. Any administration fee surplus account may be used by the Association in any manner prescribed by its Executive Board of Directors. 4. Life Insurance. The City shall provide basic life insurance coverage for each police officer, to include Lieutenants, equal to that employee's annual base salary. Captains, Commanders and Assistant Chiefs shall be provided basic life insurance coverage equal to their annual base salary or $50,000.00 whichever is greater. C. Field Training Officer Pay. Field Training Officer pay of $200 per month shall be granted in addition to regular pay to all officers for extraordinary, specific duties of training and evaluating recruit officers. D. Education Incentive Pay. 1. No probationary employee will be eligible for educational incentive pay until after he/she has successfully passed his/her probationary period. Specific hours obtained through participation in the Police Academy will be considered applicable toward educational incentive pay only after successful completion of at least one other academic course in the related field on the employee's own time. 2. Educational Incentive Pay will be $1.00 per month for each semester hour satisfactorily completed provided that such hours are applicable toward a degree. Also the following monetary caps will apply: no more than $71.00 per month will be paid without successful completion of the requirements and receipt of the Associate degree; if the employee is attending a four-year college, he may meet this requirement by filing a copy of his/her certified degree plan with the Director of Human Resources, noting his/her expressed intent to obtain a Bachelor's Degree. All approved hours above the Associate Degree will be eligible for educational pay at this rate up to an additional $49.00 per month or a combined total of $120.00 per month. Successful completion of the requirements and receipt of a Bachelor's Degree will qualify the employee for $125.00 per month. Approved hours above the Bachelor's Degree applicable toward a Master's Degree will be eligible for educational incentive pay at the same rate up to an additional $20.00 per month. Successful completion of the Master's Degree will qualify the employee for $155.00 per month. E. Clothing and Equipment. 1. The City shall pay one hundred percent (100%) of the cost to provide every uniformed employee with all required initial clothing items and equipment, excluding shoes. IPage 36 Thereafter the City shall replace or repair all said required clothing items and equipment, which are lost or damaged on the basis of one hundred percent (100%) excluding shoes. A clothing allowance of $900.00 per year shall be paid to all Officers who are required by order of the Chief to wear civilian clothing during their regular work assignment. Employees shall receive the clothing allowance in a separate payment. Such payments will be made no later than within first full month after the beginning of the fiscal year, or when assigned. The parties agree that the allowances provided herein reasonably approximate the amount of the expenses incurred periodically by the officers. Officers transferred to or from a division receiving clothing allowance will not be eligible to receive more than a combined total of nine hundred dollars ($900.00) in patrol pay and clothing allowance for any fiscal year. 2. A uniform cleaning allowance of $60 per month shall be provided to each officer of the department for the purpose of uniform and clothing cleaning and maintenance. F. Pensions. The City will enroll employees in the Texas Municipal Retirement System and provide the following benefits under the plan: 1. Employee Deposit Rate of 6% 2. Municipal Current Matching Ratio of 2 to 1 3. Updated Service Credits 4. Annuity Increase 70% of CPI 5. Military Service Credit 6. Vesting Requirement 5 years 7. Service Retirement Eligibility 5 years at age 60, 20 years at Any Age 8. Restricted Prior Service Credit Effective January 1, 2019 the City will enroll employees in the Texas Municipal Retirement System and provide the following benefits under the plan: 1. Employee Deposit Rate of 7% 2. Municipal Current Matching Ratio of 2 to 1 3. Updated Service Credits 4. Annuity Increase 70% of CPI 5. Military Service Credit 6. Vesting Requirement 5 years 7. Service Retirement Eligibility 5 years at age 60, 20 years at Any Age 8. Restricted Prior Service Credit G. Deferred Compensation Plan. Officers may participate in the deferred compensation plan, adopted by the City Council on December 8, 2009. The City will notify the Association, in advance, of any Deferred Compensation Plan Committee meetings. The Association will be allowed to have representation on the Deferred IPage 37 Compensation Plan Committee, and on any committees formed to evaluate proposals in response to Requests for Proposals related to the deferred compensation plan. The City and the Association agree that the deferred compensation plan selected by the Corpus Christi Police Officers' Association and offered through VALIC (The Variable Life Insurance Company) will be closed to new participants effective upon the execution of this Agreement. H. Classifications Compensated Under the City's Classification and Compensation Plan. The positions of Assistant Police Chief and Police Commander shall be compensated at salary levels set forth within the City's Classification and Compensation Plan consistent with the provisions provided under City's Personnel Ordinance. Individual salary increases based on merit, performance or other, as authorized by compensation ordinance shall be permitted for these classifications, Chapter 143 notwithstanding. As to Assistant Chiefs and Commanders, all officers in the same classification are not entitled to the same base salary; this provision specifically supersedes Section 143.041. I. Termination Pay. Upon termination, sick leave shall be paid to police officers according to the following schedule: (a) Less than 4 full years of service: zero hours (b) 4 full years of service: not more than 240 -hours (c) 5 full years of service: not more than 320 -hours (d) 6 full years of service: not more than 400 -hours (e) 7 full years of service: not more than 480 -hours (f) 8 full years of service: not more than 560 -hours (g) 9 full years of service: not more than 640 -hours (h) 10 or more full years of service: not more than 720 -hours (i) 20 or more full years of service: not more than 960 -hours (j) 25 or more full years of service: not more than 1,440 -hours 1. Effective upon execution of the Agreement, the first seven hundred and twenty (720) hours of such sick leave credit shall be paid at the rate of pay determined in accordance with the statutory calculation under Section 143.045. The remaining balance, if any, shall be paid at the rate of pay including only base pay plus longevity. 2. Effective upon adoption of this Agreement, in the event of separation in good standing, the City shall pay accrued compensatory time not to exceed three hundred and sixty (360) hours at the employee's regular rate of pay. Effective August 1, 2011, in the event of separation in good standing, the City shall pay accrued compensatory time not to exceed four hundred and eighty (480) hours at the employee's regular rate of pay. J. Longevity Pay. Longevity pay shall be $6.00 per month for each complete year of service up to a maximum of ten (10) years of service. Thereafter, for each additional year of service, longevity pay shall be $4.00 per month for each year up to a maximum of twenty-five (25) years of service. (Page 38 K. Bomb Squad Pay. Employees assigned to the bomb squad shall receive extra pay for such hazardous duty in the amount of $75.00 per month. L. Breathalyzer Certification Pay. All employees currently certified as Breathalyzer operators shall receive extra pay in the amount of $30.00 per month. M. Weekend Pay. Each officer who reports to work for a shift, which commences, between 10:00 p.m. on Friday and 9:59 p.m. on Saturday shall receive $50.00 per month; each officer who reports to work for a shift which commences between 10:00 p.m. on Saturday and 9:59 p.m. on Sunday shall receive $50.00 per month. N. Shift Differential Pay. Each officer who reports to work for his/her regularly scheduled shift which ends between 6:00 p.m. and 12:00 Midnight shall receive $50.00 per month; each officer who reports to work for his/her regularly scheduled shift which ends between 12:01 a.m. and 8:00 a.m. shall receive $75.00 per month. O. Shift Changes. If, as the result of a change in shift or assignment, any officer loses Weekend and/or Shift Differential Pay, which he was receiving prior to such change, the loss of such additional pay shall not be grievable under the grievance procedure established in this contract. P. Dog Handler Pay. Any Officer who is charged with the responsibility for and is assigned a dog by the Corpus Christi Police Department to be used in law enforcement functions shall be compensated at the rate of $170.00 per month and one (1) hour of overtime pay on days off, including vacation time, sick leave, compensatory time and personal leave. The parties agree that an accurate computation of hours of work caring for a police dog is difficult or impossible to determine and that the compensation provided herein is a fair and reasonable agreement considering all pertinent facts and circumstances. If a police dog is retired (taken out of service by the city) the Chief of Police shall award the police dog to the officer if the officer so desires. The City shall have no further obligation for the care, maintenance and support of the police dog. Q. SWAT Team Pay. Any Officer who is selected and serves as a member of the Special Weapons and Tactics Team (SWAT) for the Corpus Christi Police Department shall be compensated at the rate of $75.00 per month. R. Hostage Negotiation Team Pay. Any Officer who is selected and serves as a member of the Hostage Negotiation Team for the Corpus Christi Police Department shall be compensated at the rate of $50.00 per month. S. Dive Team. Any officer who is selected and serves as a member of the Dive Team for the Corpus Christi Police Department shall be compensated at the rate of $75.00 per month. T. Badges. Upon retirement the employee shall be permitted to keep their badge at no cost to the employee. Upon promotion the employee shall be permitted to keep any badge they have purchased. IPage 39 U. Patrol Pay. Each officer, regardless of rank who has not been designated by the Chief to receive a clothing allowance will receive a lump sum payment of $504.00. Such payments will be made no later than within the first full month after the beginning of the fiscal year. Officers transferred to or from a division receiving clothing allowance will not be eligible to receive more than a combined total of $900.00 in patrol pay and clothing allowance for any fiscal year. ARTICLE 11 - LEAVE A. Holidays 1. Each employee shall receive the following seven (7) holidays during each fiscal year: New Year's Day Thanksgiving Day Memorial Day Christmas Day Fourth of July One holiday to be determined by City Labor Day 2. Holiday time shall be added to vacation time. 3. The Chief may determine whether holidays are taken on the calendar date or the City designated holiday date, taking into consideration the assignments and work schedules of the various divisions. Unless otherwise specified by the Chief, each of the listed holidays shall be observed on the calendar day on which it falls. 4. Any employee who for any reason is absent without pay on a workday immediately preceding or following a holiday or on the holiday shall not be paid for the holiday unless worked, in which case he shall be paid only at his/her regular rate of pay. 5. Police officers shall be credited with eight (8) hours if employee is assigned to an eight (8) hour shift or ten (10) hours if employee is assigned to a ten (10) hour shift for holiday leave with pay for each of the above holidays during the period of the calendar year the officer worked. B. Vacations. 1. Police officers shall be entitled to one hundred and twenty (120) hours vacation a year, which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. Police officers beginning their sixteenth (16th) year of continuous service shall begin to accrue one hundred and forty (144) hours of vacation a year which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. Police officers beginning their twenty-first (21st) year of continuous service shall begin to accrue one hundred and sixty-eight (168) hours of vacation a year, which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. Police officers beginning twenty-sixth (26th) year of continuous service shall begin to accrue two hundred (200) hours of vacation a year, which shall accrue on the basis of twenty-six (26) biweekly pay periods a year. After thirty (30) years of continuous service, police officers shall accrue two hundred and forty (240) hours a year, which shall accrue on the basis of twenty-six IPage 40 (26) biweekly pay periods a year. For police officers scheduled to work forty (40) hours a week, eight (8) working hours per day shall be counted as used for vacation purposes. 2. When the City schedules vacations, employees shall be given preference as to vacation selection on the basis of seniority by work unit to the extent that such scheduling will not interfere with City operations. Work units shall be defined by the City. 3. All employees hired after October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee shall not be paid in excess of four hundred and eighty (480) hours. All employees hired on or before October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee shall not be paid for accrued hours in excess of a cap of seven hundred and twenty (720) hours plus an amount equal to the accrued hours the employee had on the books as of October 16, 1998. The City shall notify each employee as to what their accrued vacation leave bank was as of October 16, 1998. (For example, a current employee had five hundred (500) hours of accrued leave on the books as of October 16, 1998. Upon retirement, resignation or termination the employee had one thousand eight hundred (1800) hours of accrued leave. The City shall pay the employee for one thousand two hundred and twenty (1,220) hours - includes the seven hundred and twenty (720) hour cap plus the five hundred (500) hours for that employee as established on October 16, 1998. If upon retirement, resignation or termination, the employee had six hundred and fifty (650) hours of accrued leave, the City shall pay the employee only for six hundred and fifty (650) hours. C. Personal Leave. Employees are entitled to forty (40) hours of personal leave. Personal leave is not accruable and will be lost if not used within the particular FY received. D. Military Leave. Any permanent employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces, the Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave with pay for a period or periods not exceeding a total of one hundred and twenty (120) hours in any one (1) calendar year. Any permanent employee who leaves his/her position for the purpose of entering the Armed Forces of the United States, or enters State service as a member of the Texas National Guard or Texas State Guard or as a member of the reserve components of the Armed Forces of the United States shall, if discharged, separated or released from such active military service under honorable conditions be restored to employment in accordance with the terms of the Uniformed Services Employment and Reemployment Rights Act (USERRA). In order to qualify for re-employment, the employee must comply with the requirements of USERRA. The Civil Service Commission shall adopt a promotional process in compliance with state and federal law for eligible officers on active duty military assignment. IPage 41 Effective with the signing of this agreement officers who were serving on active military duty as members of the armed forces and who were eligible promotional candidates according to the rules as set out by USERRA when a department promotional exam was offered, who did not take the exam, may take the next available promotional exam given for the rank for which they are currently eligible. If the officer's score would have resulted in a promotion if it had been achieved on the exam(s) missed due to active military service, the officer must be promoted to the next available vacancy in that rank. Seniority in rank will be established as of the date the officer would have been promoted, as if he or she had not been on active military service. The officer will also receive a lump sum payment in the amount of the difference between the pay actually received and the promotional rank pay for the period of time since the officer returned to the Police Department from active duty. This provision is intended to comply with requirements of USERRA, and to supersede the terms of Section 143.032(b) of the Texas Local Government Code. This Agreement does not prevent the City from taking steps to comply with USERRA under unique or special circumstances. E. Special Leave. 1. In addition to leaves authorized above, the Chief may authorize an employee to be absent without pay for personal reasons for periods not to exceed two hundred and forty (240) hours. Leaves without pay in excess of two hundred and forty (240) hours and not exceeding three hundred and sixty-five (365) days shall require approval of the City Manager. 2. The City Manager may authorize special leaves of absence with pay for any period or periods not to exceed three hundred and sixty-five (365 -days for the following purposes: Attendance at college, university, or business school for the purpose of training in subjects relating to the work of the employee and which will benefit the employee and the City service, serving on a jury or attending a court as a witness; and for purposes other than the above that are deemed beneficial to the City service. 3. The City Council, upon the recommendation of the City Manager, may grant leaves of absence with or without pay in excess of the limitations above for the purposes of attending extended courses of training at a recognized university or college and for other purposes that are deemed beneficial to the City service. F. Line of Duty Injury or Illness. No sick leave shall be charged for an injury or illness sustained in the line of duty. Employees shall be paid injury leave in an amount not to exceed their regular salary as provided by the state law for injuries occurring while in the course of employment. The use of accrued sick leave may be granted to any officer at the discretion of the Chief for job related illnesses or injuries after injury leave have been exhausted. Line of duty illness shall be defined as an illness, which has been directly and substantially caused by the duties of the position. In the event the Chief denies a request pursuant to this section, the officer may appeal such denial in writing within fourteen (14) calendar days to the City Manager. The City Manager shall render a decision on the appeal in writing within fourteen (14) calendar days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. IPage 42 G. Administrative Leave. Assistant Chiefs and Commanders may receive administrative leave time for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief, subject to scheduling and manpower contingencies that may arise. Said administrative leave time shall, in no event, exceed that amount of time that Assistant Chiefs and Commanders have accumulated in excess of their regularly scheduled work. H. Leave Buy -Back. On August 1 of each year an employee may elect to sell back to the City two (2) hours of vacation leave for every hour of vacation leave used during the following twelve (12) month period not to exceed eighty (80) hours per fiscal year. Selling vacation leave hours to the City under this provision shall be in lieu of any other option to vacation days under this Agreement or any other City policy or practice. The City shall distribute funds in cash or as contribution to deferred compensation or as otherwise directed by the employee. Any costs incurred for the transfer of funds for distributions other than direct payment to the employee shall be the responsibility of the employee. I. Sick Leave Pool. Each police officer shall accumulate one hundred and twenty (120) hours of sick leave with pay per calendar year. The sick leave pool will have a maximum balance of eight thousand (8,000) hours. When the total number of sick leave pool hours drop below three thousand two hundred (3,200) hours, eight (8) hours of sick leave with pay for each officer shall become part of the sick leave pool, until the pool reaches its eight thousand (8,000) hour limit, and any remaining hours shall continue to be credited to the individual officer. If an employee does not have eight (8) hours of accrued sick leave, the employee shall be debited eight (8) hours from compensatory time or vacation leave days, in that order. Upon completion of probation, each officer shall have eight (8) hours of sick leave credited to the pool. No officer shall be eligible to draw sick leave pool hours until eight (8) hours of his/her sick leave hours is credited to the pool. The following requirements determine when sick leave pool hours may be drawn: 1. Officers with four (4) years or less service may use pool hours after one hundred twenty (120) hours of continuous non job related illness or injury. The first one hundred twenty (120) hours shall be charged to the officer's accumulated sick leave or vacation leave or, if personal sick leave has been exhausted, to dock time. 2. All other officers may use pool hours after one hundred sixty (160) hours of continuous non job related illness or injury. Provided, however, in addition, before being entitled to use hours, such an officer must first use all his/her accumulated personal sick leave in excess of the amount payable upon termination. 3. No officer shall be permitted to use more than one thousand four hundred and forty (1,440) pool hours for a single illness or injury. 4. Pool hours may not be used for injuries or illnesses sustained in the line of duty. Injuries or illnesses sustained in the line of duty shall be compensated entirely under the terms of Article 11 (Section F) of this Agreement relating to "Line of Duty Injury or Illness." IPage 43 5. The number of hours in the pool shall be solely for the benefit of officers with non job related injuries or physical or mental illnesses (including alcohol or drug related problems) identified by a licensed medical physician that prohibits the officer from returning to full time, part time or light duty employment, and such hours shall not revert to the accumulated sick leave of individual employees. 6. Pool time may only be used for an illness or injury which is an Officer's non job related injury or physical or mental illness (including alcohol and drug related problems), identified by a licensed medical physician that prohibits the officer from returning to full time, part time or light duty employment. Incapacities due to elective procedures are not eligible under this program; however, complications that develop as a result of the elective procedure(s) may be considered eligible. 7. Requests for hours from the pool should be submitted when the need for assistance is determined. Hours will not be granted on a retroactive basis. 8. Requests for hours from the pool must: a. Be accompanied by a statement from a licensed practitioner that gives the diagnosis, prognosis, and anticipated return to work date of the Officer. b. Include a copy of the most current time and leave records information that reflects leave balances as of the Officer's last day physically on duty and the date the required use of personal sick leave, as defined in this section, will be or was exhausted. c. Be submitted on the "Request for Sick leave Pool Hours" form. 9. The Chief of Police, or designee, shall facilitate a committee review of all requests for hours from the pool. The committee shall include the Chief of Police or designee, the Commander of the Department's Office of Accountability or designee, and the Association President or designee. The decision of the committee will be final and can not be grieved. The Chief of Police or designee will provide written notification to the employee of the award or denial of pool hours by the committee. a. The committee will determine the amount of pool hours to be granted for the request, based upon the information provided by the Officer. The committee will deny requests for which the data provided is insufficient and/or does not meet the requirements of this section. b. The Chief of Police, or designee, may reconvene the committee for further consideration should evidence become available that would have affected the outcome of the committee's decision. 10. If pool hours are used intermittently and an employee accrues vacation and sick leave prior to all granted pool hours being used, the Officer must use accrued leave prior to IPage 44 resuming use of pool hours. Hours granted under this program do not extend or increase time limits provided under any other policy (i.e. Limited Duty & Reasonable Accommodation, Family and Medical Leave Act, etc.) 11. Officers leaving employment with the City are not entitled to payment of unused pool hours. Additionally, the estate of a deceased Officer is not entitled to payment of unused hours. 12. Documentation provided in association with a request for hours from the pool will be maintained in a confidential manner, as allowed by law. J. Other Leave Time Policies. The City shall maintain all other leave time policies affecting police officers currently in effect and not otherwise altered by provisions of this contract. K. Bereavement Leave. Upon the employee's request due to the death of an immediate family member, three (3) duty days of bereavement leave shall be granted Immediate family members shall include the employee's parents, spouse, children, brothers, sisters, mother-in-law, father-in-law, brothers-in-law, and sisters-in-law, employee's or spouse's grandparents and grandchild. L. Funeral Benefit. The City Manager shall approve up to $16,000 documented funeral expenses for employees who lose their lives in the course and scope of employment. ARTICLE 12 - PERSONNEL PRACTICES A. Interchangeable Use of Police Officers and Senior Police Officers. Senior Police Officers and Police Officers may be freely utilized interchangeably in positions presently staffed by either classification in the various divisions with the following exceptions where only Senior Police Officers may be permanently assigned: 1. Criminal Investigation Division 2. Division of Professional Standards 3. Special Services Division 4. Organized Crime Unit, and 5. Training Division The Chief of Police shall not assign any officer to the position of Field Training Officer who has less than three (3) years of service. In the event of exigent circumstances, the Chief of Police may assign an employee from the rank of police officer to work in one (1) of the Senior Police Officer only positions for a period not to IPage 45 exceed ninety (90) calendar days during a calendar year. This period may be extended for one (1) additional ninety (90) calendar day period. B. Disability. 1. A disability shall be defined as a physical injury or illness which prevents an officer from fully performing assigned duties in all major divisions of the Department. 2. A permanent disability shall be defined as an injury or illness which disables an officer to the extent that it cannot be said in reasonable medical probability that the officer will be able to return to full duties within one (1) calendar year. 3. The Chief may at any time require a medical examination to determine if an officer is permanently disabled. When it is determined that an officer is permanently disabled, the Chief shall be entitled to terminate or retire the officer, and whichever is applicable. In the event the Chief determines, after consultation with the City Physician, that the officer is permanently unable to perform his or her job duties, he may institute immediate termination or retirement if applicable. An officer may call for further examination by a board of three (3) physicians. One such physician shall be appointed by the City, one (1) by the officer and the third by agreement of said physicians. The officer and the City shall pay their own appointed physicians and the parties shall share equally in the cost of the third physician. The majority finding of the three (3) physicians as to whether a permanent disability exists shall be final and non -appealable. 4. Upon termination or retirement for permanent disability, the officer shall be entitled to a lump sum payment for all his/her accumulated personal sick leave, but shall not be entitled to use or be compensated for any pool hours. 5. Upon any employee's being absent from duty for ninety (90) working days as a result of a single illness or injury, the Chief shall immediately require the employee to submit to a medical examination to determine whether the employee is permanently disabled, such determination to be made in accordance with the procedures in the preceding paragraph. 6. An officer who has previously been declared permanently disabled may be eligible for re -appointment to the service by the Chief upon certification by the City Physician that he or she recovered from the disability and is able to perform full duties. Provided, however, after two (2) years from the date of such disability the employee shall no longer be eligible for re- appointment. In the event the Chief denies a request for reappointment pursuant to this section, the officer may appeal such denial in writing within fourteen (14) calendar days to the City Manager. The City Manager shall render a decision on the appeal in writing within fourteen (14) calendar days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. C. Civil Service Internal Investigations. The Civil Service Commission shall not conduct investigations of internal affairs within the Police Department. The term "investigation" means investigations of alleged misconduct of one (1) or more police officers by the internal IPage 46 investigation unit of the Police Department. It is agreed that such internal investigations shall be the duty and responsibility of the Chief of Police. This specific alteration of Chapter 143 is authorized by Chapter 174. D. Civil Service Commission Records. All rules, opinions, directives, decisions, and orders issued by the Civil Service Commission shall be preserved in written minutes. Such actions need not be copied verbatim in the minutes; it shall be sufficient to accurately summarize such actions. The Chairman or, in his/her absence, the Vice -Chairman of the Commission shall sign the minutes; the signatures of the concurring members on any action shall not be required. The Commission may, if it desires, cause any rules, decisions, directives, or orders to be reduced to writing, apart from the minutes. All such written records of the Commission shall be public records. E. Notice of Shift Change. The Chief of Police shall post the monthly shift change schedule at least forty-eight (48) hours prior to the beginning of said shift change. This requirement shall not limit the right of the Chief of Police to reassign employees on short notice to other shifts, based upon scheduling and manpower contingencies that may arise. Recognizing that shift changes, transfers and job assignments may require the assessment of a number of factors, the Chief of Police maintains the right to make all shift changes, transfers and job assignments in accordance with its determination of what is in the best interest of the Department. The Chief of Police shall adopt and provide a copy of the departmental transfer procedure to each employee. Except in the case of an emergency, or unless operational circumstances require otherwise, job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the supervisor who is responsible for selection. Notice of vacant positions, skills required, and process to be used to make the selection will be posted on the department bulletin boards in the form of a staff memorandum or e-mailed to all employees. The Chief of Police shall make a reasonable effort to assure that all eligible employees under his/her command are aware of the vacancy and the process to be used to make the selection. Employees who are interested in a vacant position should contact the appropriate supervisor in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be among the factors considered in the policy adopted by the Chief of Police. The Chief of Police shall post the results of his/her decision on the filling of any job vacancy. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision in regards to shift changes, transfers or job assignments has occurred, he or she may file an informational complaint with the Chief of Police. The Chief of Police shall meet personally with the employee within thirty (30) calendar days of the complaint being filed. Although not subject to the grievance procedure, should the Association feel that there has been a misapplication of this provision in regards to the policy or process on shift changes, transfers or job assignments, the Association may file an informational complaint with the Chief IPage 47 of Police. The Chief of Police shall meet personally with the Association and respond in writing to all Association informational complaints within thirty (30) calendar days of the complaint being filed. F. Wearing of Uniform on Off -Duty Security Jobs. An "off-duty security job" shall be defined as off-duty employment, the primary purpose of which is to utilize, or to potentially utilize, the training and police powers of the Corpus Christi police officer. The Chief may at his/her discretion; require a police officer working an off-duty security job to wear a police uniform during his/her first (1St) year of employment. After the first (1St) year of employment, the Chief may require a police officer working an off-duty security job to wear a police uniform where the circumstances clearly demonstrate that by said officer's failure to wear a uniformi he would present a danger to the public, the secondary employer, and the efficiency of the Police Department. The criteria that the Chief shall consider in determining whether or not a danger exists include: 1. The secondary job assignment; 2. The officer's personnel evaluations and experience; 3. The officer's prior disciplinary record; and 4. The presence or absence of commendations and awards. G. Entrance Examinations. Entrance examinations may be administered at any time or location to qualified groups or individual applicants. Names placed on the eligibility list for entrance appointments shall remain on that list for three hundred and sixty-five (365) calendar days from the date of the written examination. The eligibility list shall exist continually as names are added and deleted. No applicant shall be permitted to take an entrance exam more than once for an academy class. The oral interview shall be graded and such grade shall be computed into the final score. H. Alternate Hiring Process. (a) The City and the Association shall make a good faith effort to develop an alternate hiring process to be entered into between the City and other Texas cities providing for lateral transfer of officers from one city to another without restricting a transferred officer to entry-level rank. Any such agreement may be made by the Police Chief subject to approval of the Association's Executive Board, and shall be written and signed by the Chief of Police and no less than three (3) members of the Executive Board. (b) The Chief, without regard to the existence of or requirement for any eligibility list for beginning positions in the Department, may appoint applicants to beginning positions in accordance with this alternate hiring process. Each applicant must (1) have a current TCOLE peace officer intermediate certification; (2) be employed or have been employed for at least three (3) continuous years as police officer by an incorporated Texas city, as a deputy sheriff in any Texas County of at least 120,000 population according to the most recent U.S. Census, or by the (Page 48 Texas Department of Public Safety; and (3) actively worked as such within the three hundred and sixty-five (365) calendar day period preceding his/her application. (c) Each applicant must successfully complete entry requirements, including a medical examination, a physical fitness examination, a written proficiency examination to identify writing skills and knowledge of Texas law, a background investigation (to include a polygraph), a drug test, a psychological examination, a panel interview (panel to be appointed by the Chief) and any other current eligibility requirements deemed appropriate by the Chief. (d) Applicants who are appointed must successfully complete an academy specifically designed for applicants who are hired in accordance with this alternate hiring process. The Chief, in his/her sole discretion, may deny the application of any applicant at any time. Such decision shall not be appealed to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. (e) The beginning salary of officers appointed under this alternate hiring process shall be equal to the thirty (30) month Police Officer salary. These officers shall become eligible to take the Senior Police Officer exam thirty (30) months after appointment. These officers shall be treated as new employees for all other purposes, including seniority, benefits and eligibility for promotion. (f) Officers hired under this alternate hiring process shall serve a one hundred and eighty (180) calendar day probationary period beginning with completion of the academy and may be discharged during this period at the discretion of the Chief, without appeal to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. (g) The Association, recognizing the City's need for flexibility in the hiring process, hereby agrees to the deviations from Chapter 143 hiring procedures and this Article supersedes them. I. Reinstatement The Chief, at his/her sole discretion, may rehire police officers who terminate their employment with the City of Corpus Christi and request in writing to be reinstated within eighteen (18) months. The rehired officer shall be required to enter at the rank of police officer regardless of the rank they held when they terminated their employment. The rehired officer shall be allowed to retain all seniority they held prior to terminating their employment; however, the rehired officer must wait eighteen (18) months to be eligible to take the senior officer examination. If rehired, the officer shall not be required to take the civil service entrance examination or to re-enter the basic academy. For example, a rehired officer who had five (5) years of seniority when they terminated their employment would be rehired at PO7 at the forty- two (42) month pay step. When a rehired (reinstated) officer passes the senior officer examination, he or she shall retain all seniority he or she had as a senior officer prior to terminating their employment. For example, if an officer had five (5) years of service in the rank of senior officer when he or she terminated their employment, the officer shall be credited with five (5) years of seniority as a senior officer when they pass the senior officer examination after IPage 49 being rehired (reinstated), and shall be paid as a five (5) year senior officer. However, a rehired (reinstated) officer who makes senior officer again shall serve for a period of two (2) continuous years before being eligible to take the lieutenant's examination. The Chief shall have the right to require a rehired officer to successfully complete a designated course of in-service training and to impose a one hundred and eighty (180) day probationary period from the date of rehire during which the officer may be discharged at the discretion of the Chief without appeal to arbitration, to the Commission, or to any court and shall not be subject to the grievance procedure in this agreement.] J. Mandatory Random Drug Testing. The City and the Association agree that police officers may be called upon in hazardous situations without warning, and that it is imperative to the interest of police officers and the public to ensure that police officers are not substance impaired. In order to further their joint interest in protecting police officers and the public, the City and the Association agree to mandatory random drug testing described in this section. Thirty percent (30%) of police officers of all ranks shall be mandatory random drug tested during each calendar year on a fair and impartial statistical basis as provided in the Police Department's Drug and Alcohol Policy. The fair and impartial statistical basis (in which each police officer has an equal chance of being selected) shall be by a non-discriminatory computerized program operated and certified as non-discriminatory by an independent firm hired by the City, and the employee shall be tested upon being selected by the computer. The City shall notify the officer as to whether the test was post -accident, random or based upon reasonable suspicion. For the purposes of this section: A. "drug testing" shall be defined as the compulsory production and submission of urine by an officer for chemical analysis to detect the presence of prohibited drug usage. B. "random drug testing" shall mean drug testing of individuals selected by the method described in the prior paragraph. C. "reasonable suspicion" shall be defined as a judgment/conclusion that a person is unable to safely and/or effectively perform their duties due to the suspected influence of drugs, alcohol, or inhalants. Reasonable suspicion is based on specific, observable facts that an officer may be under the influence of drugs, alcohol, or inhalants. Reasonable suspicion testing is not limited by this article, except to the extent that any urine testing utilized shall be in accordance with the lab testing protocol below. Reasonable suspicion testing may involve urine or blood as determined under existing legal standards. An employee's mandatory random drug test results and related collection and diagnostic information shall be disclosed to the City to administer and enforce the Police Department's Alcohol and Drug Policy and this Collective Bargaining Agreement. The City and the Association otherwise regard an employee's mandatory random drug test results and related collection and diagnostic information as confidential. The City and the Association have a mutual interest in ensuring that drug impaired employees do not perform law enforcement duties. The City and the Association agree that the IPage 50 purpose of the mandatory random drug testing is not to punish an employee who has not violated the Police Department's Drug and Alcohol Policy. The City and the Association are committed to the principal that the mandatory random drug testing for employees is designed and will be administered to result in disciplinary action only against those officers who have violated the Police Department Drug and Alcohol Policy. The City has developed a Police Depai tment Drug and Alcohol Policy with procedures and protocols, which follow the requirements of SAMHSA/CAP FUDTP. The section of the Police Department Drug and Alcohol Policy dealing with mandatory random drug testing and the consequences thereof is subject to amendment by the City only as the City determines is necessary to follow the requirements of SAMHSA/CAP FUDTP. A grievance regarding the application, interpretation or enforcement of the language in this section is subject to mandatory arbitration. The sample for testing shall be a split sample. The collector shall inform the officer of the size of the required sample, and shall use a chain of custody process to split, label and send the sample, which shall be forwarded on the same day as the sample is taken. The City shall require any laboratory selected for collecting samples, to conduct a background investigation on those laboratory personnel involved in the collecting or handling an unsealed sample. The City is permitted to and does utilize a different lab for steroid testing. In addition, the City shall require any laboratory selected for collecting samples to use only employees who have not been arrested by members of the Corpus Christi Police Department or convicted of a felony or misdemeanor crime involving dishonest conduct or possession of illegal drugs to be involved in the collecting or handling of an unsealed sample collected from a Corpus Christ Police Officer. Test results shall be inadmissible in any administrative disciplinary hearing if it is determined that the laboratory collecting samples has failed to conduct a background investigation on the laboratory personnel involved in collecting or handling the unsealed sample which resulted in a positive test result. The burden of showing that a background investigation was not conducted shall be on the party seeking to have the test results excluded from the administrative hearing. The City shall use only a SAMHSA/CAP FUDTP certified laboratory for mandatory random drug testing and shall require that such laboratory comply with the requirements of SAMHSA/CAP FUDTP. The results of the test or tests shall be sent by the laboratory to the Medical Review Officer via express mail service. The MRO may act separately on test results from each lab. The City shall allow the Association input into the Request For Proposal (RFP) on the selection of the Medical Review Officer. The test shall be a Police Department ten (10) panel test as set out in the Police Department Drug and Alcohol Policy. The specimens collected for testing shall be maintained in a secured area until picked up by the courier. The City shall use only a Medical Review Officer (MRO) for the City of Corpus Christi who is a licensed physician and who is certified as a Medical Review Officer by the American Association of Medical Review Officers. Nothing in this article shall be construed to abolish the existing authority and practice of the City to conduct drug test for: 1. Pre-employment 2. Pre -assignment for Vice, Narcotics, Organized Crime or Emergency Reaction Units or as a dispatcher or clerk in the Communications Division or as a Bomb Technician or as a member of the Peer Support team. IPage 51 3. Reasonable suspicion. 4. On return to duty after an absence of thirty (30) calendar days or more. 5. Post - accident 6. Post - firearm discharge Such test will be conducted under the same laboratory processes and protocols as mandatory random testing. K. Layoffs, Recalls and Reductions in Force. Layoffs, recalls and reductions in force shall be pursuant to Section 143.085. L. Temporary Duties in Higher Classification. A Senior Police Officer temporarily performing the duties of a Lieutenant or a Lieutenant temporarily performing the duties of a Captain shall not be temporarily appointed or made acting Lieutenant or Captain, but shall be paid for hours worked in the higher classification pursuant to Chapter 143.038, Texas Local Government Code. M. Physical Fitness. 1. The Chief of Police and the Association may mutually agree in writing to adopt a physical fitness assessment model, adjusted for age and gender. 2. The City at its sole discretion may offer incentives, either in pay or leave time, if the Association mutually agrees in writing. 3. The City agrees to establish a police officer wellness program. This program will also include distribution of nutrition and fitness information during in-service training. ARTICLE 13 - PROMOTIONS A. Posting and Administration of Promotional Examinations. A listing of materials from which promotional examination questions are taken shall be posted annually each January for examinations administered within the three hundred and sixty-five (365) calendar day period beginning the following April. The City shall post the date of the examination and a listing of the above materials no later than sixty (60) calendar days prior to an affected examination. Study materials will be available at least sixty (60) calendar days prior to an examination. No competitor for an exam may receive from an authorized or unauthorized person any part of a promotional examination for unfair personal gain or advantage. With respect to vacancies in the ranks of Lieutenant and Captain, where no current eligibility roster exists, the City shall have one hundred and twenty (120) calendar days from the IPage 52 date of vacancy to complete the administration of written and Assessment Center examinations and post an eligibility roster. The Chief shall have thirty (30) calendar days from the posting of a Lieutenant or Captain eligibility roster to review the candidates and select an appointee, even if posting should for some reason occur more than one hundred and twenty (120) calendar days from the date of vacancy. For the purposes of this agreement, the term "vacancy" shall occur whenever no person holds the position or a person previously holding the position is permanently disqualified from maintaining the position. A vacancy does not occur during the tendency of a person's appeal of a suspension, indefinite suspension or demotion. B. Promotional Examination Corrections. The Civil Service Director shall have authority to recommend to the Civil Service Commission changes to entrance, or promotional examination questions where clerical errors in compiling the test questions have been discovered or where a question arises as to general accuracy. C. Senior Police Officer's Proficiency Examination. Police officers who have sixty (60) months of service in the Corpus Christi Police Department after commissioning as a police officer and possess either an Intermediate Certificate from TCOLE or at least sixty (60) hours of college credit from an accredited college or university shall be eligible to take an individual pass -fail written proficiency examination to qualify for immediate advancement to the rank of Senior Officer. Proficiency examinations shall be administered on a semi-annual basis. One (1) test shall be given within one (1) month of each academy becoming eligible. If only one (1) academy is eligible in any given year, the second test shall be given within six (6) months of the last test if there are any eligible officers. Officers shall advance only after successfully passing the examination by correctly answering at least seventy percent (70%) of all questions provided in the test. The results, of the proficiency test, with the exception of fraud, shall not be appealable to the Civil Service Commission. D. After Acquired Educational Requirement for Lieutenants Promoted to Captain. Lieutenants promoted to Captain who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight (48) calendar months of their promotion. This section does not apply to employees promoted to Captain prior to April 22, 2003. An employee who fails to obtain the required bachelor's degree shall be demoted to Lieutenant. An employee so demoted shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. Upon demotion from the Captain classification, an employee shall resume the competitive classification of Lieutenant from which he was promoted and his/her salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with his/her salary increases to which he would have been automatically entitled had he continuously remained in said competitive classification. When an employee is demoted, the demoted employee shall not "bump" another employee who is in the competitive rank of Lieutenant. E. Appointment of Assistant Chiefs, and Commanders. All promotions to the classifications of Assistant Chief or Police Commander shall be exempt from competitive examinations, and IPage 53 instead shall be made by appointment by the Chief. The appointment shall be within the discretion of the Chief, provided that the Chief shall promote the employees from the classifi- cations specified elsewhere in this agreement. Captains appointed to Commander after May 1, 2003, who do not have a bachelor's degree from an accredited college or university, shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight (48) months calendar months of appointment by the chief. Lieutenants appointed to Commander after January 30, 2007 who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within forty-eight (48) calendar months of appointment by the chief. Persons who fail to obtain the required bachelor's degree shall be removed from the appointed position by the chief. Captains or Commanders appointed to Assistant Chief after May 1, 2003, who do not have a master's degree from an accredited college or university, shall be required to obtain a master's degree from an accredited college or university within sixty (60) calendar months of appointment by the Chief. Captains or Commanders appointed to Assistant Chief after July 31, 2005 who do not have a master's degree from an accredited college or university shall be required to obtain a master's degree from an accredited college or university within forty-eight (48) calendar months of appointment by the Chief. Lieutenants appointed to Assistant Chief after January 30, 2007 who do not have a master's degree from an accredited college or university shall be required to obtain a master's degree from an accredited college or university within forty-eight (48) calendar months of appointment by the Chief. Persons who fail to obtain the required master's degree shall be removed from the appointed position by the Chief. Employees appointed to the positions of Assistant Chief or Police Commander under the provisions set out herein may be demoted from said position at the discretion of the Chief. An employee so demoted shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. Upon demotion from such an appointed classification, an employee shall resume the competitive classification from which he or she was appointed and his/her salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with all salary increases to which he or she would have been automatically entitled had he or she continuously remained in said competitive classification. When an employee is demoted in rank from an appointed classification due to a reduction in force, the demoted employee shall not "bump" another employee who is in a competitive rank. F. Probationary Period for Lieutenants and Captains. Employees promoted to the rank of Lieutenant or Captain may be demoted at the discretion of the Chief, without appeal to the Commission at any time during the three hundred and sixty-five (365) calendar day period subsequent to being so promoted. An employee so demoted shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. G. Filling Vacancies Below Commander. Upon written request by the Police Chief for a person to fill a vacancy in any classification below the rank of Commander, the Commission shall certify to the Police Chief the names of the three (3) persons on the eligibility list having the highest grades for the position to be filled, and the Police Chief may select any one (1) of the (Page 54 three (3) persons so certified. The Police Chief need not state in writing his/her reason for selection or rejection of any of the three (3) persons certified by the Commission. In the event a person rejected desires to appeal the action of the Police Chief, such appeal shall be to an arbitra- tor selected as specified in paragraph F of Article 7, and there shall be no appeal to the Civil Service Commission. The person rejected who desires to appeal the action of the Police Chief is charged with the burden of proof of showing that the rejection was for some reason other than the officer's ability to perform at the higher rank. The arbitrator may overturn the decision of the Chief. The question of rejection on the part of the Police Chief shall be determined by the arbitrator. To the extent this paragraph alters any provision of Chapter 143, Chapter 143 is so altered, and it is mutually so agreed. H. Eligibility for Promotion. The following rank, service, and educational or certification levels shall be required of all officers participating in the promotional procedure as set forth in this contract. Current Rank Rank Sought Service Requirements Testing Requirements Police Officer Senior Police Officer 5 years prior to exam and possess either an Intermediate certificate or 60 hours of credit from an accredited college/university. Written Proficiency Exam Senior Police Officer Lieutenant 2 years of service in rank immediately prior to exam and possess either an Intermediate certificate or 60 hours of credit from an accredited college/university. Promotional Exam and Assessment Center Lieutenant Captain 2 years service in rank immediately prior to exam and a Bachelors Degree from an accredited college/university within 48 months of appointment to Captain. Promotional Exam and Assessment Center Lieutenant Commander 2 years service in rank immediately prior to appointment and a Bachelors Degree from an accredited college/university within 48 months of appointment to Commander. None Lieutenant Assistant Chief 5 years service in rank immediately prior to appointment and a Masters degree from an accredited college/university within 48 months of appointment to Assistant Chief. None Captain Commander No minimum service requirement. A Bachelors degree from an accredited college/university within 48 months of appointment to Commander. None Captain or Commander Assistant Chief No minimum service requirement. A Masters degree from an accredited college/university within 48 months of (Page 55 appointment to Assistant Chief. I. Promotional Procedures. The promotional examination procedure for the classification of Lieutenant and Captain shall consist of two (2) parts as follows: 1. Written Examination - Shall consist of questions relating to the specific duties of the position to be filled. The written examination shall have no specific failing score but will provide a ranking of participants from high to low score. In the event that written examination scores are the same, the earliest time for submitting the examination form to the test administrator for grading shall determine respective standing. Only the highest ten (10) scorers from the Captain's written examination shall be allowed to continue on to the next phase of the examination process. Only the highest fifteen (15) scorers from the Lieutenant's written examination shall be allowed to continue on to the next phase of the examination process (Assessment Center). The City will engage an independent consultant firm to professionally develop the written examination questions after consultation with the Human Resources Department. Such firm shall deliver the examination questions in a sealed and secured manner confidentially to the Human Resources Department, which will maintain them confidential, in a safe and secure manner Under no circumstances shall the examination questions be taken out from under the confidential supervision and control of the Human Resources Department. If any of the eligible ten (10) candidates for Captains or the eligible fifteen (15) candidates for Lieutenant has an indefinite suspension on appeal the City may add an additional candidate for each such pending appeal to the Assessment Candidate Pool. 2. Assessment Center Examination - Shall consist of: Six (6) certified police officers from outside the Police Department holding comparable or higher positions in a Police Department operating in a city of 100,000 or more population shall be selected to serve as assessors. All Assessors may be chosen by the Association and must have received authorization to participate by his/her respective Department. One of the six (6) assessors may be chosen from out of state. The Chief shall have the right to review the list of assessors and may strike no more than three (3) names from the list. If the Chief exercises the right to strike, he must provide a replacement(s) within five (5) calendar days of reviewing the list. The identification of the assessors shall be keep confidential. The Association President or Designee who develops the assessor list must not be a candidate for the promotional exam for which the list of assessors has been developed. The assessment center examination date(s) will be posted on the same day the written test announcement is posted. On the day or days of the promotional assessment center the candidates may participate in the assessment process in lieu of duty. Assessors shall be trained in the methods to be used in administering the test for a minimum of eight (8) hours. All candidates will be given the opportunity to attend a classroom orientation period concerning the assessment center process. The orientation will include general information concerning the exercises they will be taking during the assessment process. The independent consultant shall develop at least three (3) exercises which he/she determines adequately assess measurable dimensions of the job analysis. IPage 56 Feedback shall be provided to each candidate in a "feedback" session by the assessment center coordinators. The purpose of this session will be to provide each candidate with his/her score, what areas he/she excelled in, what areas he/she did poorly in, and what they might do to improve their performance in the future. The scores of the assessment center shall count sixty percent (60%) of the combined score and the written examination scores shall count forty percent (40%) of the combined scores to determine the final ranking when one (1) point for each year of service is added up to a total of ten (10) points maximum. J. Eligibility List. Within forty-eight (48) hours of the completion, excluding weekends and holidays, of the Assessment Center Examination, an eligibility list shall be prepared and posted with the respective ranking of all applicants based on the following weights: (1) Written Examination 40% (2) Assessment Center Examination 60% 100% Points on Lieutenant's Examination 1 point for each year of service as a commissioned officer with the department up to a maximum of 10 points 10 points 110 Maximum Points Points on Captain's Examination 1 point for each year in rank up to a maximum of 5 points 5 points 105 Maximum Points The results of the Assessment Center shall be binding for three hundred and sixty-five (365) calendar days and with the exception of fraud, shall not be appealable to the Civil Service Commission or arbitration. K. Contract Training for Lieutenants. As part of the New Lieutenant Training Program, employees newly -promoted to the rank of Lieutenant will be required to attend one four (4) hour contract training session relating to specific provisions of the current Collective Bargaining Agreement between the City of Corpus and the Corpus Christi Police Officers Association. The training session will be sponsored by the Association and will be held at a place designated by the Association. L. Grievances or Suits Claiming Right to Promotion. Any grievance or suit, known or unknown, claiming a right to promotion shall be filed in compliance with this Agreement no later than twenty (20) calendar days after the expiration of the eligibility list which is the subject of such grievance or suit. In the event of an award by an arbitrator or court in such a proceeding, no other person with a ranking on any previously expired eligibility list pertaining to any rank, at IPage 57 the time of such judgment or award, shall ever be entitled to promotion, back pay, enhanced seniority, or any other relief. M. Chapter 143 Applicability. No Portion of Chapter 143 is applicable to the promotional process for assistant chief, commander, captain or lieutenant with the exception of Sections 143.032(h), (i), and 143.034 and 143.028(c). N. Nepotism. 1. Promotions. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief is a candidate for lieutenant or captain and qualifies by written examination to continue with the assessment center examination, the Chief shall not participate in the promotional process or in making of any appointment from the list established there from and the City Manager shall exercise all of the contractual and statutory authority of the Chief with respect to said process and appointments. If the Chief's relative is promoted, the Chief shall not participate in the probationary review of the relative under Section E of this Article, and the City Manager shall exercise all of the Chief's authority under Section E and any related statutory provision. The Chief shall not participate in any other action, which would affect the relative's promotion or probationary review, and the City Manager shall exercise all contractual and statutory authority, which the Chief would otherwise exercise in connection with any such action. "Relative" is a person related to the Chief within a degree described by Section 573.002, Government Code. 2. Transfers. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief requests an inter -divisional personnel transfer, the Chief shall not participate in the decision-making process or in making any transfer. The City Manager pursuant to General Rules Manual 1.12 shall exercise all of the contractual and statutory authority of the Chief with respect to said transfer. "Relative" is a person related to the Chief within a degree described by Section 573.002, Government Code. O. The final score shall be carried forward until a decimal place determines their ranking on the eligibility list. P. Time served as an acting or temporary Lieutenant between December 1, 2006 and December 10, 2010. For the sole purpose of moving beyond the eighteen (18) month step, officers holding the rank of Lieutenant who were appointed between December 1, 2006 and December 10, 2010 shall be credited for time served as an acting or temporary Lieutenant. This section shall not be appealed to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. ARTICLE 14 - EMPLOYEE MANAGEMENT RELATIONS A. Labor Relations Committee. The City and the Association, having recognized that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations shall jointly maintain and support a labor relations committee. The labor-management committee shall consider, discuss and recommend to the IPage 58 Chief any problems pertaining to the employment conditions of employees. Matters subject to the grievance procedure shall not be appropriate items for consideration by the labor- management committee. The labor management committee shall consist of the following: (1) Director of Human Resources or his/her designee; (2) The Chief or his/her designee, who shall be a police officer within the Police Department; (3) the Association President or his/her designee, who shall be a police officer from the Police Department from the Association; (4) the Association Vice -President or his/her designee, who shall be a police officer from within the Police Department from the Association; and (5) a member of the Association designated by the President who must be a police officer within the department. There shall be a written agenda of matters to be discussed. Officers desiring items placed on the written agenda shall forward the matter in writing to the Office of the Chief of Police through the President of the Association. The labor- management committee shall meet bi-monthly unless mutually agreed otherwise, and a written summary report of the meeting shall be generated within thirty (30) calendar days subsequent to the meeting. B. Legal Defense. The City will provide a legal defense to any police officer in a civil lawsuit, on account of any action taken by such police officer while acting within the course and scope of the police officer's employment for the City of Corpus Christi. The City, by conducting or participating in the employee's defense, does not assume any obligation or liability not otherwise imposed by law, and does not expressly or impliedly waive an immunity or defense, which is available to the City. The City need not assume any obligation not otherwise imposed by law for any judgment which is rendered against an employee who committed intentional acts, was grossly negligent, or reckless. 1. The police officer shall notify the City of any claim being made against such police officer not later than thirty (30) calendar days from that date that such police officer received notice of such claim, and shall request the City to assume the defense of the police officer regarding such claim. The City may require that such request be made in writing. 2. If suit is brought against such police officer, such police officer shall immediately forward to the City Attorney every demand, notice, summons or other process received by him. 3. Such police officer shall cooperate with the City, and, upon the City's request, shall assist the City in arriving at settlement agreements, and the conduct of suits, and in enforcing any rights of contribution or indemnity against any person or organization who may be liable for all or part of such damages, and shall attend all hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. 4. If the City Attorney undertakes to represent the employee rather than provide private counsel, he or she shall disclose to the employee any conflicts of interest between the employee and the City in the civil action. If the employee chooses not to waive the conflict of interest, the City shall retain qualified private counsel. IPage 59 ARTICLE 15 - IMPASSE PROCEDURES Negotiations for a new contract shall commence in accordance with Chapter 174. If impasse should be reached as defined in Chapter 174, either party may request mediation, and upon such request, the parties shall immediately proceed to choose one mediator as provided herein. The function and powers of the mediator shall be as specified in Section 174.151. The mediation shall extend for fourteen (14) calendar days. If no agreement is reached through mediation, upon request of either party, the parties shall submit the dispute to one (1) Fact finder, chosen as provided herein. The Fact finder shall conduct a full and fair hearing. By agreement the parties may submit an issue or issues to the Fact finder. If no agreement is reached, each party shall be entitled to submit four (4) proposals to the Fact finder, each proposal on a distinct topic. For example, each of these constitutes a distinct topic: salary, dependent health insurance coverage, promotional procedures, and political activities. Each party may submit its four (4) proposals and its alternatives to the other party's proposals. The hearing shall be informal and strict rules of evidence shall not apply. After hearing all evidence offered by the parties, and any evidence requested independently by the Fact finder, the Fact finder shall render a written decision making findings of fact and recommendations as to all matters in dispute. In the opinion, the Fact finder shall state his/her reasons for his/her findings of fact and recommendations. In rendering such findings and recommendations, the Fact finder shall exercise his/her independent judgment and shall not attempt to "split the difference." In making the findings of fact and recommendations, the Fact finder shall consider the following evidence submitted to him by the parties or obtained at his/her direction: the overall compensation in the current contract including direct salary and fringe benefits; the income available to the City and demands on that income; a comparison of wages, hours, and conditions of employment of Corpus Christi police officers with the wages, hours, and conditions of employment of other public and private employees performing similar services and with other employees generally in public and private employment in comparable communities and in Corpus Christi; the hazards of employment, physical, educational, and mental qualifications, job training and skills required of a Corpus Christi police officer; the cost of living in Corpus Christi relative to other communities; the rate of increase in the cost of living for the preceding twelve (12) month period using localized data to the fullest extent feasible; and any current national or state policies or guidelines with respect to compensation. The selection of the mediator and the Fact finder shall occur as follows. When either party requests mediation or fact-finding, the parties may agree to choose any mediator or Fact finder or method of choosing it. If no agreement occurs within five (5) days from the request, the parties shall request a list of seven (7) neutrals from the American Arbitration Association (AAA). Upon receiving the list, the parties shall select the Mediator or Fact finder by alternately striking names The request to AAA shall state the dates on which the neutrals must be available. The mediator and the Fact finder shall be selected within seven (7) calendar days after receipt of the list from the AAA. The fee and expenses of the mediator and the Fact finder shall be split equally between the City and the Association. All other expenses, including witness fees, shall be paid by the party incurring the expense or calling the witness. IPage 60 If, within seven (7) calendar days after fact-finding, the parties have failed to agree to a contract, the major, unresolved issues shall be submitted to the qualified voters of Corpus Christi in a referendum election according to the following procedure. The election shall be held on the first date permissible under state law. By agreement the parties may submit any issue or issues to the voters. If no such agreement is reached, then each party shall be entitled to submit two (2) issues to the voters, each issue on one (1) distinct topic. For example, each of these constitutes a distinct issue: salary, dependent health insurance coverage, promotional procedures, and political activities. Each party will submit its two (2) issues, and its alternatives to the other party's issues, so that the voters will vote on four (4) distinct issues. Each voter will have the option of voting for all of the issues of one party, or for some issues of one party and some of the other. The issues submitted to the voters will appear on the ballot exactly as each respective party would have them appear in the contract. The decision on each issue by a majority of the voters voting on the issue at the referendum election shall be binding on the parties, subject to the laws of Texas, and shall be adopted as part of the collective bargaining agreement. In the absence of agreement of the parties to the contrary, the term of the provisions adopted by the voters shall be the same as the term of the entire contract entered into by the parties, or, in absence of such a contract, shall extend until the next July 31 following the election or until a new contract is agreed upon. The Association shall pay the cost of printing the ballots. All other costs of the elections shall be paid by the City. The place of the respective parties on the ballot shall be determined by coin flip. An impasse referendum can be canceled at any time up to fifteen (15) calendar days prior to the election date by agreement of the parties. The Association and the City agree that during the term of Article 16, no request shall be made for submission of unresolved issues to arbitration under Chapter 174 or any other statute, charter or ordinance provision, and that any such request shall be void and ineffective. Any provision of this Article 16 may be amended by written agreement of the parties. If the impasse procedures established herein shall be held invalid by the courts, all other provisions of this Article 16 shall become ineffective, unless the parties agree in writing to continue them in effect. ARTICLE 16 - POLITICAL ACTIVITIES The City may prohibit police officers from taking an active part in any political campaign of another for an elective position of the city if they are in uniform or on active duty. ARTICLE 17 - EXISTING CONDITIONS No employee shall be unfavorably affected by the signing of this agreement as to wages, hours, or other conditions of employment that he now enjoys, except as otherwise provided in this agreement. IPage 61 ARTICLE 18 - CLOSING CLAUSES A. The effective date of this agreement shall be the 1st day of August, 2015 except as otherwise provided herein, and the agreement shall remain in effect until 11:59 p.m. on September 30, 2019 and thereafter until superseded by a new agreement, whichever occurs later provided however, that in no event shall this Agreement continue in effect after September 30, 2022. B. This document constitutes the sole and complete agreement between the parties. During the term of the Contract neither party shall be obligated to bargain collectively with the other with respect to any subject; provided, this provision does not affect any obligation which may exist to negotiate a successor contract effective after the expiration of this document. The impasse procedure in Article 16 of this agreement shall be wholly inapplicable to any matter except impasse of a successful contract. C. The provisions of this contract shall take precedence over all State and local Civil Service provisions which are in conflict herewith, including for example and not by way of limitation, any contrary provisions of Chapter 141,142 and 143; City Charter of the City of Corpus Christi, Texas; ordinances of the City; Rules and Regulations of the Firefighters' and Police Officers' Civil Service Commission; and Rules and Orders of the Police Department of the City. D. If any article or section of this agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. E. Both the City and the Association have relied upon their factual and legal understanding that the City is currently in compliance with state and federal law in the payment of straight time and overtime compensation in bargaining the wages and economic benefits under this agreement. Fiscal certainty is of the essence of this agreement to the City. In the event of any adverse judicial or agency determination finding that the City owes straight time or overtime compensation under state or federal law above that paid under past practices reflected by the City's payroll records, the City may request in writing that the parties collectively bargain in good faith for the limited purpose of resolving the impact of any adverse ruling. (Page 62 FOR THE CITY OF CORPUS CHRISTI, CORPUS CHRISTI POLICE TEXAS: OFFICERS' ASSOCIATION Date Date City Manager President CCPOA City Negotiating Team Members: CCPOA Negotiating Team Members: ATTEST: City Secretary APPROVED: Day of , 2015 City Attorney IPage 63 APPENDIX "A" DUES DEDUCTION AND SPECIAL ASSESSMENT AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Dues Title Code Payroll No. Employee No. Code No. Name (Last) (First) (M.I.) Social Security No. Address Zip Code I hereby authorize the City of Corpus Christi to deduct each pay period a sum as certified by the Corpus Christi Police Officers' Association as the current rate of dues or an amount as may hereafter be established by the Corpus Christi Police Officers' Association as dues, or special assessment approved in accordance with the collective bargaining agreement and Association Constitution and Bylaws. This deduction is to be forwarded directly to the Corpus Christi Police Officers' Association. The authorization of this deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward to the Association only those sums actually deducted and will not be liable for damages to me for failure to deduct any authorized sum for any reason. Signed Date IPage 64 APPENDIX "B" TERMINATION OF DUES DEDUCTION ON SPECIAL ASSESSMENT AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Dues Title Code Payroll No. Employee No. Code No. Social Name Security No. (Last) (First) (M.I.) Address Zip Code I hereby terminate the authorization previously executed by me on for dues deduction for the Corpus Christi Police Officers' Association and request that the City make no further deductions under said authorization. This termination of dues deduction is entirely voluntary on my part and I understand that the City of Corpus Christi will not be liable for failure to promptly effectuate this termination for any reason. Signed Date: IPage 65 APPENDIX "C" GRIEVANCE FORM City of Corpus Christi Grievance No. Employee: Immediate Supervisor: Printed name: Printed Name: Grievance must be filed within thirty (30) calendar days of its occurrence or knowledge of occurrence. Any grievance not submitted within thirty (30) calendar days shall not be considered timely and shall be void. Date of Occurrence or Knowledge of Occurrence: Date Grievance Submitted to the Association: Step 1 Association Review (Within thirty (30) calendar days of receipt of the grievance, the Association shall determine whether the grievance is valid and notify the Chief of police in writing pursuant to Step 2.) The written grievance at Step 2 and at all steps thereafter shall contain the following information: (1) a statement of the grievance setting out the specific provision of this agreement to be interpreted, applied or enforced and the facts upon which it is based; (2) how the facts result in a violation of the agreement; (3) the remedy or adjustment sought including a clear statement of the proper interpretation, application or enforcement of this agreement; and (4) the signature of the aggrieved employee. Statement of Facts: Policy, Practice, or Contract Provision alleged to be violated: Other Individuals affected by Grievance: Remedy Sought: Grievance sent to Chief of Police this , 201_, at a.m./p.m. Date Time Grievance received by Chief/Staff Member this , 201_, at a.m./p.m. Date Time Signature of Chief or Staff Member (Page 66 Step 2 Chief of Police Review (The Chief of Police shall respond in writing to this grievance within sixty (60) calendar days of its receipt. If the Chief of Police does not respond within sixty (60) calendar days, the grievance shall be deemed denied and the Association may proceed to the next step.) The written response at this step, and management responses at all steps thereafter, shall contain the following information: (1) an affirmation or denial of the facts upon which the grievance is based; (2) an analysis of the alleged violation of the agreement; (3) the remedy or adjustment, if any, to be made; (4) the signature of the appropriate management representative. See Attached Response. Submitted by Chief of Police this , 201_, at a.m. /p.m. Date Time Signature of Chief Grievance Committee Representative received response this , 201_, at a.m. /p.m. Date Time Signature of Grievance Committee Representative IPage 67 Step 3 City Manager Review (The Association may submit a written grievance from Step 2 to the City Manager within thirty (30) calendar days of receiving the Chief of Police's written response. The City Manager shall respond in writing to this grievance within thirty (30) calendar days of its receipt. If the City Manager does not respond within thirty (30) calendar days, the grievance shall be denied and the Association may proceed to the next step.) Grievance Sent To City Manager this , 201_, at a.m. / p.m. Date Time City Manager received Grievance this , 201_, at a.m. /p.m. Date Time Signature of City Manager or Staff Member See Attached Response. Submitted by City Manager this , 201, at Date Time Received by Grievance Committee Representative this Signature of Grievance Committee Representative a.m. / p.m. , 201_, at a.m. /p.m. Date Time IPage 68 Step 4 Request for Arbitration (The Association may request, within thirty (30) calendar days of the denial of Step 3, that the grievance be submitted to arbitration.) Association Elects to Proceed to Arbitration on Grievance No. Submitted to Human Resources by Association this , 201_, at a.m. / p.m. Date Time Signature of Association President or Designee Human Resources received from Association this , 201_, at a.m. /p.m. Date Time Signature of Director of H.R. or Staff Member (Page 69 AGENDA MEMORANDUM Future Item for the City Council Meeting of 09/08/15 Action Item for the City Council Meeting of 09/15/15 DATE: TO: September 1, 2015 Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager Wesp@cctexas.com 361-826-3082 Resolution in support of the proposed Barisi Village project CAPTION: Resolution in support of the proposed Barisi Village project, which will result in the redevelopment of the vacant Pharaoh Valley golf course PURPOSE: To support Blackard Global's planned development Barisi Village located at the Pharaoh Valley Country Club Golf Course (7111 Pharaoh Drive). The Barisi Village will be a unique high-quality mixed-use and pedestrian friendly development consisting of single family, multifamily, office, and commercial uses. The proposed development plan includes a nine hole golf course, 4,500 square feet of clubhouse/training facility, 80,000 square feet of office, medical office, or rehab center, 120,000 square feet of retail, restaurants, or shops and other facilities. A key feature of Barisi Village will be a public plaza that will create a unique community gathering space. BACKGROUND AND FINDINGS: On August 12, 2014 City Council passed Ordinance 030249 amending the Corpus Christi Unified Development Code (UDC) upon application by Blackard Global and recommendations from City Staff, the Planning Commission, and many residents who live near the proposed Barisi Village. City Council approved the Planned Unit Development Overlay rezoning of 57.75 acres at The Pharaohs Country Club and Pharaoh Valley Northeast. Council also amended the City's Comprehensive Plan to account for the zoning change in the future land use map. City Council supported the passage of Senate Bill 1168 which amended the Texas Property Code by adding Chapter 213. Chapter 213 established procedures for amending or removing covenants that restrict certain amenity property to use as a golf course. The applicable covenant that restricts the use of an amenity property for use as a golf course requires the approval of 75% of the lots or units in the development in order for the restrictive covenants to be amended. Such amendment procedures only apply if the amenity property has ceased being operated as a golf course for at least three years (Pharaoh Valley Country Club Golf Course meets this criteria). This bill was sought by Blackard Global, developers of Barisi Village. Senate Bill 1168 was signed by Governor Greg Abbott on June 19, 2015 and took effect September 1, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed development is consistent with the overall intent of the City's Comprehensive Plan. The proposed development is consistent with the specific goal of the Corpus Christi Southeast Area Development (AD) Plan: "...to protect the predominantly stable residential neighborhoods and to promote the efficient development of underutilized and remaining vacant land in the Area." The Southeast AD has eight objectives. The proposed development is most consistent with AD Objective F which provides: "Encourage a well -integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs." EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal ACM -General Government & Operations Support 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION IN SUPPORT OF THE PROPOSED BARISI VILLAGE PROJECT, WHICH WILL RESULT IN THE REDEVELOPMENT OF THE VACANT PHARAOH VALLEY GOLF COURSE WHEREAS: The City Council is in favor of the redevelopment of the vacant Pharaoh Valley Golf Course, located near prime bayfront property but currently overgrown and unsightly with weeds and refuse; WHEREAS: An experienced developer from North Texas, Blackard Global, has chosen Corpus Christi as the site of a new development, proposing to build in conjunction with a revitalized PharaohValley golf course, a European `Barisi" Village with buildings placed near the street right-of-way and mixed-use buildings resulting in a pedestrian -oriented development, with a central lake in the village core, lakeside sidewalks with potential gathering spaces, a principal plaza, and a meandering main street or "spine" with three points of access to existing City streets; WHEREAS: On August 12, 2014, the City Council approved the Planned Unit Development Overlay rezoning recommended by City staff and the Planning Commission and supported by a numerous local residents near the proposed Barisi Village who turned out at several neighborhood and public meetings to show vigorous support of the project; and WHEREAS: In the 84th Texas legislative session, the City Council supported the passage of Senate Bill 1168, which amends the Property Code to allow the amendment of deed restrictions that require only a golf course to be on adjacent property, such amendment being by petition of 75% of the neighboring property owners. This bill was sought by Blackard Global and took effect on September 1, 2015. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: That the City of Corpus Christi vigorously supports its citizens and the Developer, Blackard Global, in the development of the proposed mixed-use Barisi Village, to redevelop and clean up the unsightly and vacant Pharaoh Valley golf course. 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of September 8, 2015 Action Item for the City Council Meeting of September 15, 2015 DATE: August 19, 2015 TO: Ronald L. Olson, City Manager FROM: lain Vasey, President/CEO CCREDC (361) 882-7448 ivasey@ccredc.com Amending Type A Guidelines adopted in 2010 CAPTION: Resolution adopting amended Corpus Christi Business and Job Development Corporation Guidelines and Criteria for granting business incentives PURPOSE: Approval of the Type A guidelines as required by the statute BACKGROUND AND FINDINGS: The Corpus Christi Business and Job Development Corporation (Type A Board) is charged with determining how the economic sales tax is used to increase economic development in the city. On April 7, 2015 the Type A Board, the City Council, and the executive committee of CCREDC met to discuss the guidelines and to improve where deemed necessary. Out of that workshop these revisions where formulated and the Type A Board approved the revisions at their August 17, 2015 Board meeting. The revisions include: better defines the role of CCREDC and its Board in the application process - defines "economic driver jobs" - discusses the allocation of the fund between projects, job training and small business assistance lays out the requirements for economic impact reports by project type - adds additional reporting requirements on small business and job training projects - provides a process if a project has no action by the City Council ALTERNATIVES: Council may decide not to alter the Type A guidelines OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Corpus Christi Business and Job Development Corporation (Type A Board) 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 Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends approval of the revisions to the Type A guidelines. LIST OF SUPPORTING DOCUMENTS: Resolution Draft Guidelines RESOLUTION ADOPTING AMENDED CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION GUIDELINES AND CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, in 2003, the City Council approved the original Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation, a Type A Corporation ("the Corporation") for the expenditure of sales tax money approved in 2002 by the voters of the City of Corpus Christi for jobs, job training, and business development; WHEREAS, in 2010 the City Council last amended these Guidelines, and the Corporation has forwarded its recommendation that they be amended again to address concerns that came up in a joint workshop on April 7, 2015, where the board of the Corpus Christi Regional Economic Development Corporation ("CCREDC") also attended and directed their staff to draft these amended guidelines, in consultation with City staff; WHEREAS, these concerns include defining the role of CCREDC and its board in the application process, defining "economic driver jobs", allocating funding for projects, job training and small business assistance, laying out the requirements for economic impact reports by project type, adding additional reporting requirements on small business and job training projects, and providing a process if a project has no action by the City Council; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. The City Council of the City of Corpus Christi finds that it is advisable for the reasons stated above for the Corporation to adopt the Amended Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation, attached to this Resolution and incorporated herein for all purposes; SECTION 2. The City Council approves the form and the substance of Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation. Date: September 15, 2015 Attest: Rebecca Huerta, City Secretary NELDA MARTINEZ, MAYOR CITY OF CORPUS CHRISTI Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Rioj as CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long-term investment and the establishment of new primary jobs in Corpus Christi would enhance the City's economic base bringing new revenues into the economy; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract new jobs and business; and, WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, under Proposition 2 and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to ensure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds would be available to both existing and new companies. WHEREAS, the 1/80, cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the City's Section Type A board of directors (Corpus Christi Business and Job Development Corporation Board); and, WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi Business and Job Development Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Section 1. Definitions. (a) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the "Corporation" for the purposes of granting business incentives. (b) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (c) "Board" means the Corpus Christi Business and Jobs Development Corporation Board (Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act". (d) "Business Incubator" means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self-sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on- site business consulting, workshops, enterprise facilitation, and business management seminars. (e) "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an "existing facility" or construction of a "new facility." It does not mean or include "deferred maintenance". (f) "City" means the City of Corpus Christi, Texas. (g) "CCREDC "means the Corpus Christi Regional Economic Development Corporation which serves as a professional economic development advisor to the City, the Corporation, and the Board: (h) "Corporation" means the City of Corpus Christi Business and Job Development Corporation established by "City" Resolution 024233. (i) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) "Economic Driver" means a project that will add at least 50 full time employees and at least 50% of their sales and revenue come from outside a 50 mile radius from the intersection of Staples Street and Leopard Street. These revenues will increase the wealth of the area. (k) "Economic Life" means the number of years a property improvement is expected to be in service in a "facility". (I) "Executive Director" means the chief executive officer for the "Corporation," or his/her designated representative. (m) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (n) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. (o) "Jobs" means employment of a full time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. (p) "Living wage" means the annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. (q) "Modernization" means the replacement and upgrading of existing "facilities" which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the "facilities". Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of "deferred maintenance". (r) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an "expansion" or "modernization". (s) "Owner" means the owner of a "facility" or "program" subject to business incentives. If the "facility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. (t) "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. (u) "Primary Employer" means a business in which at least 50% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and (1) whose goods and/or services are in one of the following two -digit NAICS codes 31-33 Manufacturing; 42 Wholesale Trade; 48-49 Transportation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical; or 55 Management of Companies; or (2) which is a supplier of who supplies at least 50% of its non -retail goods and/or services to local primary employer(s) that are located within a 50 mile radius away. Professional services companies qualifying for incentives must have more than 50% of their contract work (i.e. the location where the physical work/construction/manufacturing, etc. resulting from the professional services is done) located outside of a 50 mile radius of the region. The inability of a company to satisfactorily document the "primary" nature of the jobs shall be deemed ineligible for these incentive agreement payments. (v) "Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement" to assure that funds are used for authorized purposes. City execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. (w) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 mile radius of Nueces County. (x) "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 mile radius of Nueces County. (y) "Research and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (z) "Retention" means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). (aa) "Small Business" means an employer that employs 49 or less full time (2,080 hours/year) permanent jobs at the time of application. (ab) "Small Business Primary Employer" means a primary employer that employs 49 or less full time permanent jobs at the time of application and complies with the requirement(s) set forth under "Definitions" letter (u). Section 2. Mission & Goals (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the creation of jobs which expand the City tax base and economy through granting business incentives which assist in the retention, expansion and recruitment of Primary Employers. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create and retain jobs; • Expand the City tax base and economy; • Strengthen and diversify Primary Employers within the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City's economic development efforts. CCREDC shall be responsible for accepting and processing all Type A incentive applications and forwarding to the Board and Corporation with recommendations for action. All completed applications filed with CCREDC that meets the qualifying standards of the Type A Program, and provided funds allocated and budgeted are available, will be forwarded to the Type A Board along with a recommendation on course of action. CCREDC will provide a monthly report to the Board of any application that was deemed ineligible and the reason. (d) In order to achieve a balance of the types of uses of Type A funds the following allocation shall be allotted: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board may choose to stay within these percentages to ensure balance in the fund projects. Section 3. Business Incentives Authorized. (a) Primary Employer and Small Business Primary Employer Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation/guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; • job training grants/loans; • business incubation activities; and • Projects located in a tax increment reinvestment zone will be given preference. (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start-up grants/loans; • Business Incubation grants/loans; and • Business Incubator development. (c) Education Skills Development (defined below) Section 4. Primary Employer Business Incentives. (a) Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, Expansion, or for Capital Investment necessary for the retention of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of less than 15 years; and, with the exception of the City of Corpus Christi, property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. (c) Completion of Facility Construction. The completion of Facility construction or installation of Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): • when a certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. (d) Average Wage Requirement. In determining an incentive based on net new jobs, the following matrix shall be considered as a guiding principal for incentive reviews. New Gross Payroll Incentive per New Job for employees, leased employees, contractors, and consultants. Benefits shall not be included in the gross payroll calculations. <$30,000 per new job A maximum of $750 per net new job* $30,000 to $40,000 per new job $751 to $5,000 per new job* $40,001 to $50,000 per new job $5,001 to $10,000 per new job* >$50,000 per new job $10,001+ per new job* *up to, or not -to -exceed amounts, based on projected economic impact report and CCREDC staff recommendations. (e) For each project an economic impact report using accepted industry standards will be completed. For purposes of calculating the impact, only direct and indirect (not induced) revenue impacts shall be considered. As a guiding principle, no company creating fewer than 50 net new jobs (FTEs) should receive more than 50% of the positive economic impact value calculated and paid over a five year period. Companies creating over 50 net new jobs may be eligible to receive greater than 50% of the net positive economic impact. As a guiding principle, major employment projects (over 50 net new jobs) will have a significant city-wide economic impact and may be generally considering multiple cities or metro areas and shall be designated as Economic Driver projects. When there is clear and direct evidence that the City is in direct competition with another region for such a major project (over 50 net new jobs) the guiding principle may require the Board and City to extend incentives offers beyond 50% of the direct and indirect economic impact of the project. The CCREDC staff will present to the Board a recommendation including the summary economic impact report, based on careful analysis and negotiations with the applicant company along with a clear acknowledgement when a project may require (or has requested) incentives in excess of the 50% direct and indirect positive benefits for the project. As a further guiding principle, incentives should not exceed 100% of the direct and indirect project benefits unless clear evidence exists that the project will bring further investments or is a "game changer" deal that will significantly and positively impact the wider Corpus Christi economy. (f) Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full-time (2,080 hours/year) permanent jobs within the agreed time of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 12 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. (g) Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program that meets federal and/or state standards for its employees during the term of the Agreement. Section 5. Small Business Incentives. (a) Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board shall budget a separate allocation for funding all small business start-up and/or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for Small Business start-up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. (c) Each Small Business incentive application shall be accompanied by an economic impact report prepared by CCREDC and each company shall adequately report job and payroll numbers to CCREDC for reporting and compliance. The CCREDC staff shall prepare a recommendation to the Board on an appropriate course of action on levels of incentives to be offered. Section 6. Small Business Primary Employer Incentives. Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start- up, expansion, retention, and/or business incubation incentives. Section 7. Small Business Support (a) Small business support programs are programs designed to help small businesses grow in the community to create jobs. These programs may include technical assistance, business assistance, loan programs, and internships. (b) Internships will be funded at a maximum of 50% of the wage plus FICA. (c) The programs must report at a minimum; the number of interns, the companies using interns, intern duties, whether the intern received a job at that company, and whether the intern received a job in the area. Companies cannot use this as a supplement to their workforce. Interns must be used in their academic major field. Internship programs shall not be used as a substitute for permanent job or position creation. Companies cannot use interns more than two years without creating a job. If they do not create a job in that time they will be removed from the list for one year. No company shall receive an intern if another company, who has never had an intern, is requesting one. (d) Small business support program grants will not automatically be renewed; organizations must reapply annually. Section 8. Education/Skills Development. (a) Requests for education/skills development grants must be made through the application process adopted for all other business applicants. (b) Education/Skills Development projects must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. (c) The Education/Skills Development grant must be matched by the applicant by at least 50% of the cash contributed. In-kind donations/contributions will not count toward this minimum. (d) The programs must report the number of students, the number of graduates, and their location and average salary when they are ultimately hired. Failure to do so may jeopardize future applications. (e) Economic Impact, given the unique nature of these projects, may include direct, indirect and even induced economic impact, but awarded incentive grants should be matched with the educational institution's actual cash (not in-kind) participation, or exceed 50% of the value of the economic impact. (f) The grant shall be used for capital expenditures and not for operations. (g) Economic impact report should be completed by an independent third party deemed acceptable by CCREDC, on behalf of the Board. Section 9. Universal Requirements. (a) Project Implementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) Location or Residency Requirement. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to job training incentives, these may be eligible outside of the City only in the event that at least 51% of the jobs created during the term of the Agreement are held by residents of the City. (c) Living Wage Requirement. In order to count as a permanent full-time job under this incentive program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. (d) Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement and in compliance with state and federal standards for healthcare coverage. (e) Utilization of Local Contractors and Suppliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner - provided or owner affiliate -provided being paid to local contractors and suppliers within the 50 mile radius of Leopard Street and Staples Street intersection. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within the 50 mile radius of Leopard Street and Staples Street intersection.. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (f) Utilization of Disadvantaged Business Enterprises. Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises, in the construction of elements of the Project that are not owner -provided or owner affiliate -provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner -provided or owner affiliate -provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. (g) Insurance Requirements. Each recipient of business incentives shall carry worker's compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. Section 10. Application. (a) Written Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the President of the CCREDC. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by the following: • a general description of proposed Capital Investments to the Facility; • a descriptive list of the improvements or program for which business incentives are requested; • a list of the kind, number and location of all proposed improvements of the property; • a map and property description; and, • a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibility/Economic Impact Study. After receipt of a completed application, the President of the CCREDC shall cause to be performed an economic impact report. This report may be completed by CCREDC (or its consultant) using established accepted economic impact models such as IMPLAN, RIMS II, EMSI, or similar model. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility/economic impact study shall be borne by the Economic Development Corporation. The economic impact report should clearly identify the direct and indirect economic impact of each project. (d) No Business Incentives if Construction or Program has commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Financial Information. The applicant shall provide to the Corporation, or the Corporation's appointed agent, the last three years financial statements—company and/or personal financial statements for review and evaluation to assess the financial strength of the applicant. After receipt of the financial statements, the President of the CCREDC may cause a financial review to be performed . Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agreement. The applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. Section 11. Approval. (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantees based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long-term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. (c) Non -action by the City Council is deemed as denial of the application within six months of Corporation approval, and any encumbered funds shall be thus deemed to be unencumbered. In such a case of Non -action (deemed as denial after six months), an applicant would be required to begin the application process from the start. Section 12. Agreement. (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): • the estimated value of Capital Investment; • the commencement date and termination date of the business incentive; • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and, • the number of permanent jobs, and wage/salary minimums for jobs created. • Commencement must occur within the time frame specified and agreed to in the agreement. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner will have ninety (90) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within ninety (90) days from date of receipt will result in the Agreement being null and void and of no effect. Section 13. Recapture. (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and/or City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall determine the incentives that the Owner shall be required to refund. As a best practice, incentive agreements should include an appropriate graded scale of penalties negotiated on a case-by-case basis to ensure applicants adhere to performance goals and to ensure any penalties are reflective of the level of non-performance. (b) Employment Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with new job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for its protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) Utility Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so shall the business incentives. (e) Notice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporation. This written explanation, and any legitimate reasons for delay, will be taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. (f) Potential Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 14. Administration. (a) Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (c) Annual Evaluation. The City, or designee, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. (d) Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. Section 15. WaiversNariances The Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Articles of Incorporation, By-laws, Ordinance 024952, and the Act. CITY OF CORPUS CHRISTI, TEXAS BUSINESS & JOB DEVELOPMENT CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long-term investment and the establishment of new jobs -primary jobs in Corpus Christi would enhance the City's economic base bringing new revenues into the economy; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract new jobs and business; and, WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years;WHEREAS, the Texas Legislature in Section of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) has empowered local improving the economic health and prosperity of their citizens; and, passed Proposition 2: NEW AND EXPANDED BUSINESS ENTERPRISES which authorizcd the adoption of a salcs the rate of one eighth of one percent (118Th -cent) to the imposed for 15 years; and, WHEREAS, under Proposition 2 and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to einsure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. 1 c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds would be available to both existing and new companies. WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the City's Section Type A 4A -board of directors (Corpus Christi Business and Job Development Corporation Board); and, WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi Business and Job Development Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Section 1. Definitions. e.. . A. _ . . {Development Corporation Act of 1979) _ (ab) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the "Corporation" for the purposes of granting business incentives. (be) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (cd) "Board" means the Corpus Christi Business and Jobs Development Corporation Board (Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act". (de) "Business Incubator" means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self sufficiencyself-sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on-site business consulting, workshops, enterprise facilitation, and business management seminars. (ef) "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an "existing facility" or construction of a "new facility." It does not mean or include "deferred maintenance". (fg) "City" means the City of Corpus Christi, Texas. 2 (g) "CCREDC "-means the Corpus Christi Regional Economic Development Corporation which serves as a professional economic development advisor to the City, the Corporation, and the Board: (hh) "Corporation" means the City of Corpus Christi Business and Job Development Corporation established by "City" Resolution 024233. (il) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) "Economic Driver" means a project that will add at least 50 full time employees and at least 50% of their sales and revenue come from outside a 50 mile radius from the intersection of Staples Street and Leopard Street. These revenues will increase the wealth of the area. (kj) "Economic Life" means the number of years a property improvement is expected to be in service in a "facility". (IIS) "Executive Director" means the chief executive officer for the "Corporation," or his/her designated representative. (Im) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (nm) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. (on) "Jobs" means employment of a full time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. (pe) "Living wage" means the annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. (q►) "Modernization" means the replacement and upgrading of existing "facilities" which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the "facilities". Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of "deferred maintenance". (re) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an "expansion" or "modernization". (sp) "Owner" means the owner of a "facility" or "program" subject to business incentives. If the "facility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. 3 (tq) "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. NO "Primary Employer" means a business in which at least 750% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and (1) whose goods and/or services are in one of the following two -digit NAICS codes 31-33 Manufacturing; 42 Wholesale Trade; 48-49 Transportation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical; or 55 Management of Companies; or (2) which is a supplier of who supplies at least 570% of its non -retail goods and/or services to local primary employer(s) that are located within a 50 mile radius radius awayof the intersection of Staples Street and Leopard Street. Professional services companies qualifying for incentives must have more than 50% of their contract work (i.e. the location where the physical work/construction/manufacturing, etc. resulting from the professional services is done) located outside of a 50 mile radius of the region. The inability of a company to satisfactorily document the "primary" nature of the jobs shall be deemed ineligible for this incentive agreement payments. (vs) "Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement" to assure that funds are used for authorized purposes. City execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. (wt) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 mile radius of Nueces County. (xu) "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 mile radius of Nueces County. (yv) "Research and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (zw) "Retention" means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). (aax) "Small Business" means an employer that employs 49 or less full time (2,080 hours/year) permanent jobs at the time of application. (aby) "Small Business Primary Employer" means a primary employer that employs 49 or less full time permanent jobs at the time of application and complycomplies with the requirement(s) set forth under "Definitions" letter (ur). Section 2. Mission & Goals 4 (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the creation of jobs which expand the City tax base and economy through granting business incentives which assist in the retention, expansion and recruitment of Primary Employers. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create and retain jobs; • Expand the City tax base and economy; • Strengthen and diversify Primary Employers within the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City's economic development efforts. CCREDC shall be responsible for accepting and processing all Type A incentive applications and forwarding to the Board and Corporation with recommendations for action. All completed applicationsny-p-repes-al filed with CCREDC that meets the qualifying standards of the Type A Program, and provided funds allocated and budgeted are available, will be forwarded to the Type A Board along with a recommendation on course of action. CCREDC will provide a monthly report to the Board of any application that was deemed ineligible and the reason. (d) Historically Type A funds have been allotted in the following percentages: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board would choose to stay within these percentages to ensure balance in the fund projects but may amend budget allocations for exceptional circumstances of projects. (d) In order to achieve a balance of the types of uses of Type A funds the following allocation shall be allotted: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board may choose to stay within these percentages to ensure balance in the fund projects. Section 3. Business Incentives Authorized. (a) Primary Employer and Small Business Primary Employer Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation/guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; and, • job training grants/loans; and, • business incubation activities; and and, • Projects located in a tax increment reinvestment zone will be given preference. 5 (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start-up grants/loans; and, • Business Incubation grants/loans; and • Business Incubator development. (c) Education Skills Development (defined below) Section 4. Primary Employer Business Incentives. (a) Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, Expansion, or for Capital Investment necessary for the retention of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of less than 15 years; and, with the exception of the City of Corpus Christi, property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. (c) Completion of Facility Construction. The completion of Facility construction or installation of Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): • when a certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. (d) Average Wage Requirement. In determining an incentive based on net new jobs, the following matrix shall be considered as- a guiding principal for incentive reviews. New Gross Payroll Incentive per New Job for employees,_ and leased employees, contractors, and consultants. Benefits shall not be included in the gross payroll calculations. <$30,000 per new job A maximum of o-$750 per net new job* for training $30,000 to $40,000 per new job $751 to $5,000 per new job* $40,001 to $50,000 per new job $5,001 to $10,000 per new job* >$50,000 per new job $10,001+ per new job* *up to, or not -to -exceed amounts, based on projected economic impact report and CCREDC staff recommendations. 6 $33,000 per new job Up to $750 per new job for training $33,000 to $44,000 per new job $/11,001 to $55,000 per new job $5,001 to $10,000 per new job $55,000 per new job $10,001+ per new job (e) For each project an economic impact report using accepted industry standards will be completed. For purposes of calculating the impact, only direct and indirect (not induced) revenue impacts shall be considered. As a guiding principle, no company creating fewer than 50 net new jobs (FTEs) should receive more than 50% of the positive economic impact value calculated and paid over a five year period. Companies creating over 50 net new jobs may be eligible to receive greater than 50% of the net positive economic impact. As a guiding principle, major employment projects (over 50 net new jobs) will have a significant city-wide economic impact and may be generally considering multiple cities or metro areas and shall be designated as Economic Driver projects. When there is clear and direct evidence that the City is in direct competition with another region for such a major project (over 50 net new jobs) the guiding principle may require the Board and City to extend incentives offers beyond 50% of the direct and indirect economic impact of the project. The CCREDC staff will present to the Board a recommendation including the summary economic impact report, based on careful analysis and negotiations with the applicant company along with a clear acknowledgement when a project may require (or has requested) incentives in excess of the 50% direct and indirect positive benefits for the project. As a further guiding principle, incentives should not exceed 100% of the direct and indirect project benefits unless clear evidence exists that the project will bring further investments or is a "game changer" deal that will significantly and positively impact the wider Corpus Christi economy. (f) Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full-time (2,080 hours/year) permanent jobs within the agreed timetwo (2) years of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 120 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. (g) Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program that meets federal and/or state standards for its employees during the term of the Agreement. Section 5. Small Business Incentives. (a) Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start --up and/or Business Incubation. On an annual basis, the Board shall budget a separate allocation for funding all small business start --up and/or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for 7 Small Business start-up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. (c) Each Small Business incentive application shall be accompanied by an economic impact report prepared by CCREDC and each company shall adequately report job and payroll numbers to CCREDC for reporting and compliance. The CCREDC staff shall prepare a recommendation to the Board on an appropriate course of action on levels of incentives to be offered. Section 6. Small Business Primary Employer Incentives. Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start: -up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start- up, expansion, retention, and/or business incubation incentives. Section 7. Small Business Support (a) Small business support programs are programs designed to help small businesses grow in the community to create jobs. These programs may include technical assistance, business assistance, loan programs, and internships. (b) Internships will be funded at a maximum of 50% of the wage plus FICA. (c) The programs must report at a minimum; the number of interns, the companies using interns, intern duties, whether the intern received a job at that company, and whether the intern received a job in the area. Companies cannot use this as a supplement to their workforce. Interns must be used in their academic major field. Internship programs shall not be used as a substitute for permanent job or position creation. Companies cannot use interns more than two years without creating a job. If they do not create a job in that time they will be removed from the list for one year. No company shall receive an intern if another company, who has never had an intern, is requesting one. (d) Small business support program grants will not automatically be renewed; organizations must reapply annually. Section 8. Education/Skills Development. (a) Requests for education/skills development grants must be made through the application process adopted for all other business applicants. (b) Education/Skills Development projects must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. (c) The Education/Skills Development grant must be matched by the applicant by at least 50% of the cash contributed. In-kind donations/contributions will not count toward this minimum. (d) The programs must report the number of students, the number of graduates, and their location and average salary when they are ultimately hired. Failure to do so may jeopardize future applications. (e) Economic Impact, given the unique nature of these projects, may include direct, indirect and even induced economic impact, but awarded incentive grants should be matched with the educational institution's actual cash (not in-kind) participation, or exceed 50% of the value of the economic impact. (f) The grant shall be used for capital expenditures and not for operations. 8 (g) Economic impact report should be completed by an independent third party deemed acceptable by CCREDC, on behalf of the Board. Section 97. Universal Requirements. (a) Project Implementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) Location or Residency Requirement. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to job training incentives, these may be eligible outside of the City only in the event that at least 51% of the jobs created during the term of the Agreement are held by residents of the City. (c) Living Wage Requirement. In order to count as a permanent full-time job under this incentive tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. (d) Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement and in compliance with state and federal standards for healthcare coverage. (e) Utilization of Local Contractors and Suppliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner - provided or owner affiliate -provided being paid to local contractors and suppliers within the 50 mile radius of Leopard Street and Staples Street intersection. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a within the 50 mile radius of Leopard Street and Staples Street intersection.50 mile radius of Nueces County. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (f) Utilization of Disadvantaged Business Enterprises. Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and 9 historically -underutilized business enterprises, in the construction of elements of the Project that are not owner -provided or owner affiliate -provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner -provided or owner affiliate -provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. (g) Insurance Requirements. Each recipient of business incentives shall carry worker's compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. Section 108. Application. (a) Written Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the President of the CCREDCthc Executive Director, or his designated representative.. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by the following: a general description of proposed Capital Investments to the Facility; a descriptive list of the improvements or program for which business incentives are requested; a list of the kind, number and location of all proposed improvements of the property; a map and property description; and, a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibility/Economic Impact Study. After receipt of a completed application, the President of the CCREDCthe Executive Director shall cause to be performed an study of feasibility and economic impact report. ' • _ _ _ _ _ _ TThis report may be completed by CCREDC (or its consultant) using established accepted 10 economic impact models such as IMPLAN, RIMS II, EMSI, or similar model. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility/economic impact study shall be borne by the Economic Development Corporation • - _ _ • •-.- _ _ • - • _ _ _ _ - _ . The economic impact report should clearly identify the direct and indirect economic impact of each project. (d) No Business Incentives if Construction or Program has commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Financial Information. Due Diligence Financial Review. The applicant shall provide to the Corporation, or the Corporation's appointed agent, the last three years financial statements— company and/or personal financial statements for review and evaluation to assess the financial strength of the applicant.. The financial statements required will be at the discretion of the Corporation. _After receipt of the financial statements, the Executive Director President of the CCREDC may sal cause a financial review to be performed using an independent accounting firm selected by or agreed to by the Board. Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agreement. The applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. The costs or expenses of the financial review shall be borne by the Economic Development Corporation. Section 119. Approval. (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantees based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long-term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. (c) Non action by the City Council is deemed as denial of the application within six months of (c) Non -action by the City Council is deemed as denial of the application within six months of Corporation approval, and any encumbered funds shall be thus deemed to be unencumbered. In such a case of Non- action (deemed as denial after six months), an applicant would be required to begin the application process from the start. e" wee Section 1-012. Agreement. 11 (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): • the estimated value of Capital Investment; • the commencement date and termination date of the business incentive; • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • --in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and, • the number of permanent jobs, and wage/salary minimums for jobs created. • Commencement must occur within thc time framc cpccificd and agrccd to in thc agrccmentCommencement must occur within the time frame specified and agreed to in the agreement. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner will have ninetys xty (960) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within sixtyninety (960) days from date of receipt will result in the Agreement being null and void and of no effect. Section 1413. Recapture. (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and/or City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall determine the incentives that the Owner shall be required to refund. As a best practice, incentive agreements should include an appropriate graded scale of penalties negotiated on a case-by-case basis to ensure applicants adhere to performance goals and to ensure any penalties are reflective of the level of non-performance. (b) Employment Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with new job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. 12 1 1 (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly feltowfollow the legal procedures for itstheir protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) Utility Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so shall the business incentives. (e) Notice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporation. This written explanation, and any legitimate reasons for delay, will be taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. (f) Potential Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 142. Administration. (a) Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (c) Annual Evaluation. The City, or designee, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. 13 (d) Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. 1 Section 153. Waivers/Variances The Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Articles of Incorporation, By-laws, Ordinance 024952, and the Act.Texas Revised Civil Statutes, Art. 5190.6. 14 CITY OF CORPUS CHRISTI, TEXAS BUSINESS & JOB DEVELOPMENT CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long-term investment and the establishment of new jobs primary jobs in Corpus Christi would enhance the City's economic base bringing new revenues into the economy; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract new jobs and business; and, WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years;WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) has empowered local WHEREAS, on November 5, 2002, residents of the City of Corpus Christi overwhelmingly passed Proposition 2: NEW AND EXPANDED BUSINESS ENTERPRISES which authorized thc adoption of a sales and use tax for thc promotion and development of new and expanded business enterprises at the rate of one eighth of one percent (1/8ch_cent) to thc imposed for 15 years; and, WHEREAS, under Proposition 2 and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to ensure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. 1 c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds would be available to both existing and new companies. WHEREAS, the 1/8thcent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the City's Section Type A 4A -board of directors (Corpus Christi Business and Job Development Corporation Board); and, WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi Business and Job Development Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Section 1. Definitions. {a) "Act" means Section 4A of Article 5190.6, Vcrnon's Tcxas Revised Civil Statutes {Development Corporation Act of 1979) (ala) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the "Corporation" for the purposes of granting business incentives. (be) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (c8) "Board" means the Corpus Christi Business and Jobs Development Corporation Board (Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act". (de) "Business Incubator" means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self sufficicncyself-sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on-site business consulting, workshops, enterprise facilitation, and business management seminars. (ef) "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an "existing facility" or construction of a "new facility." It does not mean or include "deferred maintenance". (fg) "City" means the City of Corpus Christi, Texas. (g) "CCREDC "-means the Corpus Christi Regional Economic Development Corporation which serves as a professional economic development advisor to the City, the Corporation, and the Board: 2 (hh) "Corporation" means the City of Corpus Christi Business and Job Development Corporation established by "City" Resolution 024233. (ii) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) "Economic Driver" means a project that will add at least 50 full time employees and at least 50% of their sales and revenue come from outside a 50 mile radius from the intersection of Staples Street and Leopard Street. These revenues will increase the wealth of the area. (jj) "Economic Life" means the number of years a property improvement is expected to be in service in a "facility". (IIS) "Executive Director" means the chief executive officer for the "Corporation," or his/her designated representative. (Im) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (nm) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. (on) "Jobs" means employment of a full time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. (pe) "Living wage" means the annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. (gn) "Modernization" means the replacement and upgrading of existing "facilities" which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the "facilities". Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of "deferred maintenance". (re) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an "expansion" or "modernization". (sp) "Owner" means the owner of a "facility" or "program" subject to business incentives. If the "facility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. (tq) "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. 3 (ur) "Primary Employer" means a business in which at least 750% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and (1) whose goods and/or services are in one of the following two -digit NAICS codes 31-33 Manufacturing; 42 Wholesale Trade; 48-49 Transportation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical; or 55 Management of Companies; or (2) which is a supplier of who supplies at least 570% of its non -retail goods and/or services to local primary employer(s) that are located within a 50 mile radius radius awayof the intersection of Professional services companies qualifying for incentives must have more than 50% of their contract work (i.e. the location where the physical work/construction/manufacturing, etc. resulting from the professional services is done) located outside of a 50 mile radius from the intersection of Staples Street and Leopard Streetof the region. The inability of a company to satisfactorily document the "primary" nature of the jobs shall be deemed ineligible for this incentive agreement payments. (vs) "Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement" to assure that funds are used for authorized purposes. City execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. (wt) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 mile radius of Nueces County. (xu) "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 mile radius of Nueces County. (yv) "Research and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (zw) "Retention" means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). (aax) "Small Business" means an employer that employs 49 or less full time (2,080 hours/year) permanent jobs at the time of application. (aby) "Small Business Primary Employer" means a primary employer that employs 49 or less full time permanent jobs at the time of application and complycomplies with the requirement(s) set forth under "Definitions" letter (uf). Section 2. Mission & Goals (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the creation of jobs which expand the City tax base and economy through granting business incentives which assist in the retention, expansion and recruitment of Primary Employers. 4 (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create and retain jobs; • Expand the City tax base and economy; • Strengthen and diversify Primary Employers within the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City's economic development efforts. CCREDC shall be responsible for accepting and processing all Type A incentive applications and forwarding to the Board and Corporation with recommendations for action. All completed applications pesaf filed with CCREDC that meets the qualifying standards of the Type A Program, and provided funds allocated and budgeted are available, will be forwarded to the Type A Board along with a recommendation on course of action. CCREDC will provide a monthly report to the Board of any application that was deemed ineligible and the reason. (d) Historically Type A funds have been allotted in the following percentages: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board would choose to stay within these percentages to ensure balance in the fund projects but may amend budget allocations for exceptional circumstances of projects. (d) In order to achieve a balance of the types of uses of Type A funds the following allocation shall be allotted: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board may choose to stay within these percentages to ensure balance in the fund projects. Section 3. Business Incentives Authorized. (a) Primary Employer and Small Business Primary Employer Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation/guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; and, • job training grants/loans; and, • business incubation activities; and and, • Projects located in a tax increment reinvestment zone will be given preference. (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start-up grants/loans; and, • Business Incubation grants/loans; and 5 • Business Incubator development. (c) Education Skills Development (defined below) Section 4. Primary Employer Business Incentives. (a) Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, Expansion, or for Capital Investment necessary for the retention of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of less than 15 years; and, with the exception of the City of Corpus Christi, property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. (c) Completion of Facility Construction. The completion of Facility construction or installation of Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): • when a certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. (d) Average Wage Requirement. In determining an incentive based on net new jobs, the following matrix shall be considered as- a guiding principal for incentive reviews. New Gross Payroll Incentive per New Job for employees,_ and leased employees, contractors, and consultants. Benefits shall not be included in the gross payroll calculations. 430,000 per new job A maximum of Up -to -$750 per net new job* for training $30,000 to $40,000 per new job $751 to $5,000 per new job* $40,001 to $50,000 per new job $5,001 to $10,000 per new job* >$50,000 per new job $10,001+ per newjob* *up to, or not -to -exceed amounts, based on projected economic impact report and CCREDC staff recommendations. 433,000 per new job Up to $750 per new job for training $33,000 to $/14,000 per new job 999 e- ee •. 4 .. 111 - -- $5,001 to $10,000 per new job 6 >$55,000 per new job $10,001+ per new job (e) For each project an economic impact report using accepted industry standards will be completed. For purposes of calculating the impact, only direct and indirect (not induced) revenue impacts shall be considered. As a guiding principle, no company creating fewer than 50 net new jobs (FTEs) should receive more than 50% of the positive economic impact value calculated and paid over a five year period. Companies creating over 50 net new jobs may be eligible to receive greater than 50% of the net positive economic impact. As a guiding principle, major employment projects (over 50 net new jobs) will have a significant city-wide economic impact and may be generally considering multiple cities or metro areas and shall be designated as Economic Driver projects. When there is clear and direct evidence that the City is in direct competition with another region for such a major project (over 50 net new jobs) the guiding principle may require the Board and City to extend incentives offers beyond 50% of the direct and indirect economic impact of the project. The CCREDC staff will present to the Board a recommendation including the summary economic impact report, based on careful analysis and negotiations with the applicant company along with a clear acknowledgement when a project may require (or has requested) incentives in excess of the 50% direct and indirect positive benefits for the project. As a further guiding principle, incentives should not exceed 100% of the direct and indirect project benefits unless clear evidence exists that the project will bring further investments or is a "game changer" deal that will significantly and positively impact the wider Corpus Christi economy. (f) Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full-time (2,080 hours/year) permanent jobs within the agreed timetwo (2) years of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 129 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. (g) Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program that meets federal and/or state standards for its employees during the term of the Agreement. Section 5. Small Business Incentives. (a) Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start --up and/or Business Incubation. On an annual basis, the Board shall budget a separate allocation for funding all small business start: -up and/or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for Small Business start-up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. (c) Each Small Business incentive application shall be accompanied by an economic impact report prepared by CCREDC and each company shall adequately report job and payroll 7 numbers to CCREDC for reporting and compliance. The CCREDC staff shall prepare a recommendation to the Board on an appropriate course of action on levels of incentives to be offered. Section 6. Small Business Primary Employer Incentives. Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start: -up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start- up, expansion, retention, and/or business incubation incentives. Section 7. Small Business Support (a) Small business support programs are programs designed to help small businesses grow in the community to create jobs. These programs may include technical assistance, business assistance, loan programs, and internships. (b) Internships will be funded at a maximum of 50% of the wage plus FICA. (c) The programs must report at a minimum; the number of interns, the companies using interns, intern duties, whether the intern received a job at that company, and whether the intern received a job in the area. Companies cannot use this as a supplement to their workforce. Interns must be used in their academic major field. Internship programs shall not be used as a substitute for permanent job or position creation. Companies cannot use interns more than two years without creating a job. If they do not create a job in that time they will be removed from the list for one year. No company shall receive an intern if another company, who has never had an intern, is requesting one. (d) Small business support program grants will not automatically be renewed; organizations must reapply annually. Section 8. Education/Skills Development. (a) Requests for education/skills development grants must be made through the application process adopted for all other business applicants. (b) Education/Skills Development projects must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. (c) The Education/Skills Development grant must be matched by the applicant by at least 50% of the cash contributed. In-kind donations/contributions will not count toward this minimum. (d) The programs must report the number of students, the number of graduates, and their location and average salary when they are ultimately hired. Failure to do so may jeopardize future applications. (e) Economic Impact, given the unique nature of these projects, may include direct, indirect and even induced economic impact, but awarded incentive grants should be matched with the educational institution's actual cash (not in-kind) participation, or exceed 50% of the value of the economic impact. (f) The grant shall be used for capital expenditures and not for operations. (g) Economic impact report should be completed by an independent third party deemed acceptable by CCREDC, on behalf of the Board. 8 Section 97. Universal Requirements. (a) Project Implementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) Location or Residency Requirement. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to job training incentives, these may be eligible outside of the City only in the event that at least 51 of the jobs created during the term of the Agreement are held by residents of the City. (c) Living Wage Requirement. In order to count as a permanent full-time job under this incentive tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. (d) Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement and in compliance with state and federal standards for healthcare coverage. (e) Utilization of Local Contractors and Suppliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner - provided or owner affiliate -provided being paid to local contractors and suppliers within the 50 mile radius of Leopard Street and Staples Street intersection. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within -a -within the 50 mile radius of Leopard Street and Staples Street intersection.50 mile radius of Nueces County. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (f) Utilization of Disadvantaged Business Enterprises. Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises, in the construction of elements of the Project that are not owner -provided or owner affiliate -provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer 9 agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner -provided or owner affiliate -provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. (g) Insurance Requirements. Each recipient of business incentives shall carry worker's compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. Section 108. Application. (a) Written Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the President of the CCREDCthc Executive Director, or his designated representative.. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by the following: • a general description of proposed Capital Investments to the Facility; • a descriptive list of the improvements or program for which business incentives are requested; • a list of the kind, number and location of all proposed improvements of the property; • a map and property description; and, • a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibility/Economic Impact Study. After receipt of a completed application, the President of the CCREDCthe Executive Director shall cause to be performed an study of feasibility and economic impact report • _ _ _ _ _ - _ - _ _ _ . TThis report may be completed by CCREDC (or its consultant) using established accepted economic impact models such as IMPLAN, RIMS II, EMS', or similar model. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility/economic impact study shall be borne by 10 the Economic Development Corporation the Economic Development Corporation. The economic impact report should clearly identify the direct and indirect economic impact of each project. (d) No Business Incentives if Construction or Program has commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Financial Information. Due Diligence Financial Review. The applicant shall provide to the Corporation, or the Corporation's appointed agent, the last three years financial statements— company and/or personal financial statements for review and evaluation to assess the financial strength of the applicant.. The financial statements required will be at the discretion of the Corporation. _After receipt of the financial statements, the Executive Director President of the CCREDC may s#a11 cause a financial review to be performed using an independent accounting firm selected by or agreed to by the Board. Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agreement. The applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. The costs or expenses of the financial review shall be borne by the Economic Development Corporation. Section 119. Approval. (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantees based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long-term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. (c) Non action by the City Council is deemed as denial of the application within six months of Corporation approval and return to the Board for further action. (c) Non action by the City Council is deemed as denial of the application within six months of Corporation approval and return to the Board for further action. , and any encumbered funds shall be thus deemed to be unencumbered In such a case of Non action (deemed as denial after six months), an applicant would be required to begin the application process from the start. (c) Denial or non -action by the City Council. If the City Council fails to act on (approve by motion, resolution, or ordinance) an application for a period of 6 months following approval by the CorporationBoard, then the application is deemed to be denied, and any funds for said application shall be thus deemed to be unencumbered. In a case of denial or nNon-action 11 (deemed denial after 6 months), an applicant would be required to begin the application process from the start. Section 4912. Agreement. (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): • the estimated value of Capital Investment; • the commencement date and termination date of the business incentive; • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • --in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and, • the number of permanent jobs, and wage/salary minimums for jobs created. • Commencement must occur within the time framc specified and agreed to in the agrcementCommencement must occur within the time frame specified and agreed to in the agreement. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner will have ninetysixty (960) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within sixtyninety (960) days from date of receipt will result in the Agreement being null and void and of no effect. Section 4413. Recapture. (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and/or City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall determine the incentives that the Owner shall be required to refund. As a best practice, incentive agreements should include an appropriate graded scale of penalties negotiated on a case-by-case basis to ensure applicants adhere to performance goals and to ensure any penalties are reflective of the level of non-performance. 12 (b) Employment Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with new job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission; each year. Corporation may request Owner to provide such documentation at any time. (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly fellewfollow the legal procedures for itsfhe-r protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) Utility Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so shall the business incentives. (e) Notice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporation. This written explanation, and any legitimate reasons for delay, will be taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. (f) Potential Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 142. Administration. (a) Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in 13 Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (c) Annual Evaluation. The City, or designee, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. (d) Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. Section 153. Waivers/Variances The Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Articles of Incorporation, By-laws, Ordinance 024952, and the Act. 5190.6. 14 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 15, 2015 DATE: September 9, 2015 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 2016 Property Tax Rate CAPTION: Ordinance setting a property tax rate of $0.606264 per $100 valuation which is effectively a 9.37% increase over the effective tax rate; and declaring an emergency. PURPOSE: Chapter 26.05 of the 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 Tax Code and will set the tax rate at $0.606264 per $100 valuation, which was the rate used to determine the ad valorem tax rate revenue included in the fiscal year 2015-2016 operating budget. This rate is 2.1 cents higher than the prior year's property tax rate due to a voter -approved increase as a result of the Bond 2014 propositions approved in November 2014. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the 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 18, 2015. Subsequently, two public hearings were held — one on September 1, 2015, and the second on September 8, 2015. This agenda item is required to set the property tax rate for fiscal year 2015-2016. Since the property tax rate of $0.606264 per $100 valuation exceeds the effective tax rate of $0.554300 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 ($0.606264) and the total effective tax rate ($0.554300). 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 ($0.356254). This is in compliance with the specific wording outlined in the 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 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 8th, and the 14th day after that date is September 15th, action could actually be taken September 22nd. 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- - - $ 104,150,000 $ 104,150,000 Encumbered/Expended amount of (date)- - - - This item - $ 104,150,000 $ 104,150,000 BALANCE - - $ - $ - FUND(S): General Fund $64,800,000 Debt Service Fund $39,350,000 1 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: • Ordinance Ordinance setting a property tax rate of $0.606264 per $100 valuation which is effectively a 9.37% 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 2015 as follows: $0.376806 for the purpose of maintenance and operation 0.229458 for payment of principal and interest on debt $0.606264 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 5.77 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $20.55. SECTION 2. 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 2015 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 on all property, real, personal, and mixed, located within the 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 improvements of the City of Corpus Christi. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3. 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 2015 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.229458 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: Page 1 of 4 ANNUAL DEBT SERVICE DUE FY 2015-2016 Page 2 of 4 Principal Interest & Fees Total 2006 Certificates of Obligation $465,000 $9,881 $474,881 2007 Certificates of Obligation $0 $43,969 $43,969 2007 General Obligation $0 $96,875 $96,875 2007A General Obligation $1,465,000 $961,563 $2,426,563 2008 Certificates of Obligation $265,000 $27,369 $292,369 2009 General Obligation $3,645,000 $3,116,831 $6,761,831 2009 Certificates of Obligation $330,000 $270,769 $600,769 2010 General Obligation $565,000 $415,081 $980,081 2010 Certificates of Obligation, Taxable $215,000 $263,900 $478,900 2010 Certificates of Obligation $120,000 $97,776 $217,776 2012 Public Property Contractual Obligation $585,000 $117,451 $702,451 2012 Certificate of Obligation $170,000 $223,600 $393,600 2012 General Obligation $500,000 $1,834,444 $2,334,444 2012A General Obligation $780,000 $165,369 $945,369 2012B General Obligation $50,000 $314,481 $364,481 2012C General Obligation $2,710,000 $907,750 $3,617,750 2012D General Obligation $7,945,000 $2,531,329 $10,476,329 Page 2 of 4 In addition to the ad valorem tax levy for debt service totaling $36,964,114, 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. All taxes for the tax year 2015 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2016, 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 the 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 of this ordinance be given full force and effect for its purpose. SECTION 6. Upon the 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 Page 3 of 4 Principal Interest & Fees Total 2013 General Obligation $2,970,000 $3,667,150 $6,637,150 2014 Public Property Contractual Obligation $670,000 $195,444 $865,444 2014 Tax Notes $1,095,000 $98,214 $1,193,214 2015 Tax Notes $575,000 $188,886 $763,886 2015 General Obligation $2,360,000 $4,016,053 $6,376,053 Total required for 2016 debt service $27,480,000 $19,564,185 $47,044,185 Less: Amount paid from unencumbered fund balance ($439,679) Less: Transfers for self- supporting debt ($9,640,392) Total to be paid from taxes in 2016 $36,964,114 In addition to the ad valorem tax levy for debt service totaling $36,964,114, 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. All taxes for the tax year 2015 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2016, 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 the 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 of this ordinance be given full force and effect for its purpose. SECTION 6. Upon the 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 Page 3 of 4 two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 15th day of September, 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor day of , 2015 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: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas Page 4 of 4 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 09/15/2015 Second Reading Ordinance for the City Council Meeting of 09/22/2015 DATE: September 1, 2015 TO: 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 2015-2016 Operating Budget CAPTION: Ordinance adopting the City of Corpus Christi operating budget for fiscal year 2015-2016 beginning October 1, 2015; 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 22, 2015 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 842,382,232 842,382,232 Encumbered / Expended Amount This item 842,382,232 842,382,232 BALANCE 842,382,232 842,382,232 Fund(s): All Operating Funds Comments: Total proposed expenditures are $842,382,232 and total proposed revenues are $865,515,255 which includes an increase of $11,428,000 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: FY 2015-2016 Budget Ordinance Schedule of Amendments AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI OPERATING BUDGET FOR THE FISCAL YEAR 2015-2016 BEGINNING OCTOBER 1, 2015; 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, 2015, and ending September 30, 2016, 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 $842,382,232 and estimated revenues amounting to $865,515,255 for the Fiscal Year beginning October 1, 2015, and ending September 30, 2016, 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 - 436* Police Lieutenant - 39 Police Captain - 16 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY15-16 TOTAL 499 * 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 budgeted 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 FY15-16 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 budgeted 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: That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Attachment A - Schedule of Adjustments City of Corpus Christi Amendment to the FY 2015-2016 Proposed Budget TOTAL PROPOSED REVENUES TOTAL PROPOSED EXPENDITURES $ 861,948,504 $ 840,627,505 General Fund - 1020 Proposed Revenues Adjustments: Increase Police Storage & Towing Charges Seawall Administrative Service Charges Arena Administrative Service Charges Business/Job Development Administrative Service Charges Total Adjusted Revenues Proposed Expenditures Adjustments: Increase Police Towing expenditures Increase Transfer to Street Fund Increase Reserve Appropriation Total Adjusted Expenditures 231,794,383 275,000 32,579 27,039 26,652 232,155,653 $ 231,794,383 275,000 5,176 81,094 232,155,653 One Time Expenditures Adjustments: Transfer to Residential/Local Street Fund (per Financial Policy) $ 1,000,000 ENTERPRISE FUNDS Gas Fund - 4130 Proposed Revenues $ 40,009,429 Adjustments: Increase ICL - Residential Revenue 193,538 Increase ICL - Commercial Revenue 95,888 Increase ICL - Large Volume Revenue 5,814 Increase OCL - Commercial Revenue 1,411 Increase City Use Revenue 209 Increase Compressed Natural Gas Revenue 3,445 Total Adjusted Revenues $ 40,309,734 SPECIAL REVENUE FUNDS State Hotel Occupancy Tax Fund - 1032 Proposed Revenues Adjustments: Revenue to be received from impact of House Bill 1915 - City to receive an additional 2% Total Adjusted Revenues 2,900,000 2,900,000 Parking Improvement Fund - 1040 Proposed Expenditures Adjustments: Increase expenditures for downtown revitalization Total Adjusted Expenditures 30,000 71,011 101,011 Street Fund - 1041 Proposed Revenues Adjustments: Increase Transfer from General Fund Total Adjusted Revenues Proposed Expenditures Adjustments: Increase Street Reserve Appropriation Total Adjusted Expenditures 30,162,421 5,176 30,167,597 $ 32,309,402 5,176 32, 314, 578 Seawall Fund - 1120 Proposed Expenditures $ 2,877,816 Adjustments: Increase Transfer to General Fund 32,579 Total Adjusted Expenditures $ 2,910,395 Arena Fund - 1130 Proposed Expenditures Adjustments: Arena Transfer to Visitors for Co -Promotion Increase Transfer to General Fund Total Adjusted Expenditures 4,670,887 231,000 27,039 4,928,926 Business/Job Dev Fund - 1140 Proposed Expenditures Adjustments: Increase Transfer to General Fund Total Adjusted Expenditures 7,488, 207 26,652 7,514,859 TOTAL AMENDED PROPOSED TOTAL AMENDED PROPOSED REVENUES EXPENDITURES $ 865,515,255 $ 842,382,232 AGENDA MEMORANDUM First Reading item for the City Council Meeting of September 15, 2015 Second Reading item for the City Council Meeting of September 22, 2015 DATE: August 25, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Approval of Fiscal Year 2015 — 2016 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2015 — 2016 Capital Budget and Capital Improvement Planning Guide in the amount of $190,587,200. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2015 — 2016 Capital Budget and Capital Improvement Planning Guide. BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." The City Charter requires City Council to review the recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. A public hearing was held before the Planning Commission on Wednesday, July 29, 2015 and at that meeting the Planning Commission recommended approval of the 2015 — 2016 Capital Budget and Capital Improvement Planning Guide as presented. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: The first reading for this item will be on September 15, 2015 and the second reading will be the following week on September 22, 2015. CONFORMITY TO CITY POLICY: This item conforms to City Policy and statutes regarding approval of the Fiscal Year 2015 — 2016 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X 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 $190,587,200 $190,587,200 BALANCE $190,587,200 $190,587,200 Fund(s): COMMENTS: Approval of Ordinance will appropriate the funds required to proceed with the Fiscal Year 2015 — 2016 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Page 1 of 2 AN ORDINANCE APPROVING THE FISCAL YEAR 2015 — 2016 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $190,587,200. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2015 — 2016 Capital Budget and Capital Improvement Planning Guide in the amount of $190,587,200 is hereby approved. A copy of the Fiscal Year 2015 — 2016 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@E405D614 Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED on this the day of , 2015. ATTEST: Rebecca Huerta City Secretary @BCL@E405D614 Nelda Martinez Mayor Attachment A — Schedule of Adjustments City of Corpus Christi Amendment to the FY 2015-2016 Proposed Capital Improvement Budget Public Health & Safety Program Proposed Adjustment #1: Remove Project PH 08 Cefe Valenzuela Landfill Wind Energy Evaluation /Development in its entirety Justification: This project is not financially feasible to pursue at this time. Financial Impact: None, project not funded. Proposed Adjustment #2: Remove Project PH 10 Citizens Collection Center Flour Bluff/Padre Island Area Justification: City Council has decided not to pursue this project at this time Financial Impact: ($4,536,400) Approved Certificates of Obligation in this amount will not be issued (The funding for this project is located in the Unspent Prior Budget as of May 2015 column) Total Financial Impact: ($4,536,400) Fiscal Year 2015 - 2016 Proposed Capital Improvement Program (CIP) Budget and Planning Guide City Council Presentation September 15, 2015 Proposed Capital Improvement Budget and Planning Guide Corpus Chr'sti Capital Programs • Purpose: To identify, prioritize, fund and construct capital projects. • Provides: Project scopes, cost and schedules for planned and anticipated projects over the next ten years. • Includes: Details specific information on projects programmed within the next three years. Proposed Capital Improvement Budget and Planning Guide Corpus Chr'sti Capital Programs Sections of the document: • Year One (Fiscal Year 2016) : A fully -funded work plan based on available financial capacity and greatest prioritized needs. • Short -Range Program: Facilitates fiscal and needs - based planning for Years 2 and 3. • Long -Range Forecast: Located at the back of each section and consists of items considered important, but not funded. FY '16 Proposed CIP Year One: • $190,587,200 • 175 Active projects Wastewater 25% Public H & S 0% Public Facilities 1% Parks 2% Water 22% Streets 18% Gas Water Supply 2% 8% Airport 10% Storm Water 12% Proposed Schedule of Adjustments CURRENT FY 2016 Public H & S CIP Cefe Valenzuela Wind Energy Development Citizens Collection Center Flour Bluff Area TOTAL FINANCIAL IMPACT: PROPOSED CHANGES Remove Remove Overall reduction of: Corpus Chr sti Capital Programs FINANCIAL IMPACT None (4,536,400.00) *(4,536,400.00) * These funds are located in the Unspent Prior Budget as of May 2015 column in the Public Health and Safety program. FY '16 Proposed CIP Corpus Chr sti Capital Programs QUESTIONS? Airport • Year One: $18,055,200 • Program Highlights: — Runway 13-31 Extension Safety Mitigation — Taxiway Reconfiguration — Air Operations Area Perimeter Fence Replacement • Funding Sources: — Federal Aviation Administration Grants — Customer Facility Charges — Certificates of Obligation Parks & Recreation • Year One: $3,210,000 • Program Highlights: — North Beach Re -Nourishment — Packery Channel Improvements, Phase 5 Pavilion — Packery Channel Miscellaneous Improvements — Completion of previously funded Bond 2012 projects • Funding Sources: — Texas General Land Office — Tax Increment Financing District Public Facilities • Year One: $2,000,000 • Program Highlights: — Comprehensive Facilities Improvements — Completion of previously funded Bond 2012 projects • Funding Sources: — Certificates of Obligation Public Health/ Safety • Year One: $0 • Program Highlights: — Completion of previously funded projects in the areas of: • Bond 2012 • J.C. Elliott and Cefe' Valenzuela Landfills • Seawall Improvement Projects • Funding Sources (FY 2015): — Bond 2012 General Obligation Bonds — Certificates of Obligation — Sales Tax Proceeds (Type A Board Funding) Streets • Year One: $33,435,200 (Utility Support: $31,718,500) • Program Highlights: — Old Robstown Road - State Highway 44 to Leopard Street (Bond 2014) — Yorktown Boulevard - Everhart Road to South Staples Street (Bond 2014) — Holly Road - Crosstown Freeway to Greenwood Drive (Bond 12) • Funding Sources: — Tax Notes — Bond 2014 General Obligation Bonds — Bond 2012 General Obligation Bonds — Texas Department of Transportation Grant Funding Gas • Year One: $3,980,300 • Program Highlights: — Gas Line Replacement / Extension Program — High Pressure Cathodic Protection Master Plan — West Side Interior Loop • Funding Sources: — Gas Revenue Bonds Storm Water • Year One: $23,528,300 • Program Highlights: — Lifecycle Pipe Rehabilitation and Replacement — Gollihar Outfall Repairs — Storm Water Master Plan • Funding Sources: — Storm Water Revenue Bonds — Storm Water Department Reserves Water Supply • Year One: $15,650,000 • Program Highlights: — City of Corpus Christi Pilot Desalination Program — Wesley Seale Instrumentation Testing and Replacement • Funding Sources: — Raw Water Supply Reserves — Water Revenue Bonds Water • Year One: $42,340,500 • Program Highlights: — Elevated Water Storage Tanks — ONS Water Treatment Plant High Service Building No. 3 — Support of Street Bond Projects • Funding Sources: — Water Revenue Bonds — Water Department Reserves Wastewater • Year One: $48,387,700 • Program Highlights: — Wastewater Treatment Plant Consolidation Plan — City-wide Collection System Assessment and Repair (SSOI) — Old Broadway Wastewater Treatment Plant Decommissioning — Support of Street Bond Projects • Funding Sources: — Wastewater Revenue Bonds — Wastewater Department Reserves 16 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 15, 2015 Second Reading Ordinance for the City Council Meeting of September 22, 2015 DATE: TO: August 31, 2015 Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR@cctexas.com 361.826.3220 Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Laboratory Response Network (LRN)—Public Health Emergency Preparedness (PHEP) Grant in the amount of $201,123, and appropriation of the funds for the contract period July 1, 2015 through June 30, 2016 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the CPS - LABORATORY RESPONSE NETWORK-PHEP Grant in the amount of $201,123, from the Texas Department of State Health Services in the health grants fund no. 1066, to provide continued emergency preparedness and response laboratory activities for the contract period of July 1, 2015 through June 30, 2016; and ratifying acceptance of the grant agreement to begin July 1, 2015. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to provide a Public Health Emergency Preparedness Laboratory Response Program relating to a plan for responding to an act of bio -terrorism and biological threats. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $201,123, to maintain the LRN laboratory activities within the Corpus Christi-Nueces County Public Health District beginning July 1, 2015 through June 30, 2016, for the purchase of supplies, equipment, travel expenses and personnel salary with fringe benefits to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. ALTERNATIVES: Discontinue LRN laboratory activities; thus causing a delay in our expedient and appropriate response to public health consequences. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: (Fill out chart — instructions below) ❑ Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Year TOTALS Budget Encumbered/Expended amount This item $201,123 $201,123 BALANCE $201,123 $201,123 FUND(S) Grant Comments: No fiscal impact to General Fund. Grant award of $201,123, with 10% ($20,112) indirect in-kind match. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin July 1,2015. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 2016-001139-00 Ordinance Cc: Yvette Aguilar, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Deputy City Manager Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the CPS -LABORATORY RESPONSE NETWORK-PHEP grant in the amount of $201,123, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide continued emergency preparedness and response laboratory activities for the contract period July 1, 2015, through June 30, 2016; and ratifying acceptance of the grant agreement to begin as of July 1, 2015. 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 $201,123, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of July 1, 2015, through June 30, 2016, to provide continued emergency preparedness laboratory services. Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: Further the City Council ratifies acceptance of the grant to begin as of July 1, 2015. 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 , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2016-001139-00 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 Govemmental, (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 07/01/2015 and ends on 06/30/2016. 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 -PNEP Page 1 of 13 7. Statement of Work: A. Contractor will perform activities (continue Level 1 and Level 2 chemical laboratory surge capacity activities, comply with new Laboratory Readiness Network (LRN) requirements for biological laboratories, coordinate with cross -cutting public health preparedness partners, and analyze real-time clinical specimens) in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC-RFA-TP12-120102CONT15) 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. 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. 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. The Parties have the authority under Texas Government Code Chapter 791 to enter into this Interlocal Cooperation 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-TP12-120102CONT15; 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. h lswatch.com/wp-content/uploads/2011 /04/PPD-8-Preparedness.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; and 7. FY2015 Office of the Assistant Secretary for Preparedness and Response (OASPR) Hospital Preparedness Program — CFDA Number 93.074 http://www. phe. gov/preparedness/plan ping/h pp/pages/defau lt.aspx. G. Funds awarded for this Contract must be matched by costs or third party contributions that are not paid Page 2 of 13 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 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 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 the allocation amount. Cash match is defined as an expenditure of cash by the contractor on allowable costs of this Contract that are bome by the contractor. In-kind match is defined as the dollar value of non-cash contributions by a third party given in goods, commodities, or services that are used in activities that benefit this Contract's project and that are contributed by non-federal third parties without charge to the contractor. The criteria for match must: 1. Be an allowable cost under the applicable federal cost principle; 2. Be necessary and reasonable for the efficient accomplishment of project or program objectives; 3. Be verifiable within the contractor's (or subcontractor's) records; 4. Be documented, including methods and sources, in the approved budget (applies only to cost reimbursement Contracts); 5. Not be included as contributions toward any other federally -assisted project or program (match can count only once); 6. Not be paid by the Federal Government under another award, except where authorized by Federal statute to be used for cost sharing or match; 7. conform to other provisions of governing circulars/statutes/regulations as applicable for the Contract; 8. Be adequately documented; 9. Must follow procedures for generally accepted accounting practices as well as meet audit requirements; and 10. Value the in-kind contributions reported and must be supported by documentation reflecting the use of goods and/or services during the Contract term . 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 Page 3 of 13 within 30 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 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 documentation verifying that all new or revised SOPs/SOGs related to preparedness to have been approved/reviewed 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 15, 2016; 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 any reports required under this Contract, then the Contractor will immediately notify DSHS in writing. Page 4 of 13 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 stairs 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. 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 1. 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 requirements in Section I may result in withholding a portion of the BP4 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. SECTION VII. 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 B-13: invoices@dshs.state.tx.us Page 5 of 13 Php.vouchersupport@dshs.state.tx.us Support Document: invoices@dshs.state.tx.us Php.vouchersupport@dshs.state.tx.us B -13A: invoices@dshs.state.tx.us Php.vouchersupport©dshs.state.tx.us FSR: invoices@dshs.state.tx.us Php.vouchersupport@dshs.state.tx. us FSRGrants@dshs.state.tx.us Page 6 of 13 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, Refugia County, San Patricio County Page 7 of 13 This section intentionally left blank. Page 8 of 13 10. Procurement method: Non -Competitive Interagency/Interlocal GST -2012 -Solicitation -00030 DCPS GOLIVE LRN PHEP 11. Renewals: Number of Renewals Remaining: 1 Date Renewals Expire: 06/30/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.069, 93.069 14. DUNS Number: 069457786 Page 9 of 13 This section intentionally left blank. Page 10 of 13 16. Special Provisions A. Contractor will submit final close-out bill or revisions to previous reimbursement request(s) no later than August 15, 2016, for costs incurred between the services dates of July 1, 2015 to June 30, 2016. No expenditures with service dates from July 1, 2015 to June 30, 2016 will be paid after August 15, 2016 from the Budget Period 4 (BP4) allocation. This Subsection supersedes Section 4.03 of the Fiscal Year 2016 Department of State of Health Services General Provisions (Core/Sub Recipient). B. 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. C. 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. D. 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 this Contract upon request by the DSHS Program staff. E. 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, 2016 as documented by issue of a purchase order or written order confirmation from the vendor on or before June 30, 2016. In addition, all equipment must be received no later than 45 calendar days following the end of the Contract term. F. 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 11 of 13 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-001139-00 b. General Provisions Subrecipient General Provisions c. Attachments Budget d. Declarations Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 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 78756-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address ed as to for 4.iiiii. _.p.,.4, stant ttoe, For City Attorney Page 12 of 13 Budget Summary Organization Name: Corpus Christi Public Health District Program ID: CPS/LRN-PHEP Contract Number. 2016-001139-00 Budget Categories Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $96,684.00 $0.00 $0.00 $96,684.00 Fringe Benefits $35,096.00 $0.00 $0.00 $35,096.00 Travel $14,355.00 $0.00 $0.00 $14,355.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $22,305.00 $0.00 $0.00 $22,305.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $32,683.00 $0.00 $0.00 $32,683.00 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 13 of 13 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by o r on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of an> federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form -I I, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess that 510,000 and not more than 5100,000 for each such failure. Signature Date Print Name of Authorized individual 4 1 — lit l 12 —OO Application or Contract Number Organization Name CSCU # EF29-12374 - Revised 2/2006 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: 1 1 FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9 -digits Required www.usos.com DUNS Number: 9 -digits Required www.sam.gov T T nil . I State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits ,T�az.1 TT 1 7 Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date -1- Department of State Health Services Form 4734 —June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑ No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. if your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ❑ No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes fl No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: Jahn Blum:500000;Mary Redd_50000;Er'c Gont:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 ARTICLE! SECTION 1.01 SECTION 1.02 ARTICLE 11 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 ARTICLE III SECTION 3.01 SECTION 3.02 SECTION 3.03 SECTION 3.04 SECTION 3.05 ARTICLE IV SECTION 4.01 SECTION 4.02 ARTICLE V SECTION 5.01 SECTION 5.02 SECTION 5.03 SECTION 5.04 ARTICLE VI SECTION 6.01 SECTION 6.02 SECTION 6.03 ARTICLE VII C SECTION 7.01 SECTION 7.02 SECTION 7.03 SECTION 7.04 SECTION 7.05 ARTICLE VIII Fiscal Year 2016 Department of State Health Services Contract General Provisions CONTRACT COMPONENTS 4 CONTRACT COMPONENTS 44 ORDER OF PRECEDENCE 4 COMPLIANCE AND REPORTING COM4PLIANCE 4 PRECEDENCE OF CONTRACT TERMS 4 EFFECT OF LEGISLATIVE CHANGES 4 COMPLIANCE WITH REQUIREMENTS OF SOLICITATION DOCUMENT 4 REPORTING 4 APPLICABLE CONTRACTS LAW AND VENUE FOR DISPUTES 4 STATUTES AND STANDARDS OF GENERAL APPLICABILITY APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS 6 CIVIL RIGI ITS POLICY AND COMPLAINTS 77 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS 7 FUNDING OBLIGATION 7 WHISTLEBLOWER ACT PROTECTION SERVICES 7 EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES 7 DISASTER SERVICES 88 CONSENT TO MEDICAL CARE OF A MINOR 8 TELEMEDICINE/ TELEPSYCHIATRY MEDICAL SERVICES 9 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY FUNDING 9 DEBT TO STATE AND CORPORATE STATUS. 9 APPLICATION OF PAYMENT DUE. 9 PAYMENT METHODS AND RESTRICTIONS 9 PAYMENT METHODS. 99 INVOICE/BILLING SUBMISSION. 10 FINAL INVOICE/BILLING SUBMISSION. 10 TIIIRD PARTY PAYORS.. TERMS AND CONDITIONS OF PAYMENT 10 PROMPT PAYMENT 10 PAYMENT BY DEPARTMENT 10 110 W ITHI IOLDING PAYMENTS. ONFIDENTIALITY 11 MAINTENANCE OF CONFIDENTIALITY 1i.11 DEPARTMENT ACCESS TO PHI AND OTHER CONFIDENTIAL INFORMATION. 11 EXCHANGE OF CLIENT -IDENTIFYING INFORMATION. SECURITY OF PATIENT OR CLIENT RECORDS. 11 121 HIV/AIDS MODEL WORKPLACE GUIDELINES 12 PUBLIC INFORMATION ACT Genera! Provisions (September 1, 2016) 1 SECTION 8.01 TEXAS PUBLIC INFORMATION ACT 12 ARTICLE IX RECORDS RETENTION 12 SECTION 9.01 RETENTION. 12 ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS 12 SECTION 10.01 ACCESS AND INSPECTION 13 SECTION 10.02 STATE AUDITOR'S OFFICE 13 SECTION 10.03 RESPONDING TO DEFICIENCIES 13 ARTICLE XI REPORTING REQUIREMENTS 13 SECTION 11.01 CHILD ABUSE REPORTING REQUIREMENT 13 SECTION 11.02 SIGNIFICANT INCIDENTS 14 SEC14TION 11.03 LITIGATION. 14 SECTION 11.04 CONTRACT OR LICENSE ACTION AGAINST THE CONTRACTOR. 14 SECTION 11.05 INSOLVENCY 14 SECTION 11.06 PERFORMANCE MALFEASANCE 15 SECTION 11.07 CRIMINAL ACTIVITY AND DISCIPLINARY ACTION 15 SECTION 11.08 RETALIATION PROHIBITED 15 SECTION 11.09 DOCUMENTATION ARTICLE XII ASSURANCES AND CERTIFICATIONS 15 SECTION 12.01 CERTIFICATION 15 SECTION 12.02 CHILD SUPPORT DELINQUENCIES 16 SECTION 12.03 AUTHORIZATION 16 SECTION 12.04 GIFTS AND BENEFITS PROHIBITED 16 SECTION 12.05 INELIGIBILITY TO RECEIVE THE CONTRACT 17 SECTION 12.06 ANTITRUST ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR 17 SECTION 13.01 PROGRAM SITE 17 SECTION 13.02 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) 17 SECTION 13.03 Buy TEXAS I717 SECTION 13.04 STATUS OF SUBCONTRACTORS 18 SECTION 13.05 INDEPENDENT CONTRACTOR 18 SECTION 13.06 TAX LIABILITY 18 SECTION 13.07 NOTICE OF ORGANIZATIONAL CHANGE 18 SECTION 13.08 No ENDORSEMENT 18 SECTION 13.09 E-VEIIIFY SYSTEM ARTICLE XIV GENERAL TERMS 18 SECTION 14.01 ASSIGNMENT 18 SECTION 14.02 LOBBYING.19 SECTION 14.03 CONFLICT OF INTEREST 9 SECTION 14.04 TRANSACTIONS BETWEEN RELATED PARTIES SECTION 14.05 INTELLECTUAL PROPERTY 20 210 SECTION 14.06 OTHER INTANGIBLE PROPERTY 21 SECTION 14.07 SEVERABILITY AND AMBIGUITY 21 SECTION 14.08 LEGAL NOTICE 21 SECTION 14.09 SUCCESSORS 21 SECTION 14.10 SURVIVABILITY OF TERMS 21 SECTION 14.11 CUSTOMER SERVICE INFORMATION General Provisions (September 1, 2016) 2 SECTION 14.12 AMENDMENT 21 SECTION 14.13 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL 1 SECTION 14.14 UNILATERAL AMENDMENT 21 21 SECTION 14.15 INTERIM EXTENSION AMENDMENT 2 22 SECTION 14.16 IMMUNITY NOT WAIVED 22 SECTION 14.17 HOLD HARMLESS AND INDEMNIFICATION 22 SECTION 14.18 WAIVER SECTION 14.19 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITY STANDARDS. 22 SECTION 14.20 FORCE MAJEURE 24 SECTION 14.21 COOPERATION AND COMMUNICATION. 24 SECTION 14.22 INSURANCE ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 25 25 SECTION 15.01 ACTIONS CONSTITUTING BREACH OF CONTRACT 25 SECTION 15.02 GENERAL REMEDIES AND SANCTIONS 26 SECTION 15.03 NOTICE OF REMEDIES OR SANCTIONS. 26 SECTION 15.04 EMERGENCY ACTION ARTICLE XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE 27 SECTION 16.01 BREACH 27 OF CONTRACT CLAIM 27 SECTION 16.02 NOTICE 27 SECTION 16.03 PERFORMANCE NOT SUSPENDED. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION 27 SECTION 17.01 EXPIRATION OF CONTRACT OR PROGRAM ATTACHMENTS. 2727 SECTION 17.02 EFFECT OF TERMINATION OR EXPIRATION. 27 SECTION 17.03 TERMINATION OR TEMPORARY SUSPENSION WrriIOUT CAUSE. 28 SECTION 17.04 IMMEDIATE TERMINATION 28 SECTION 17.05 TERMINATION FOR CAUSE. 28 SECTION 17.06 NOTICE OF TERMINATION ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS 28 28 SECTION 18.01 Vot» CONTRACTS. 28 SECTION 18.02 EFFECT OF VOID, SUSPENDED, OR INVOLUNTARILY TERMINATED CONTRACT 28 SECTION 18.03 APPEALS Moms FOR DSHS FUNDED BLOCK GRANTS ARTICLE XIX CLOSEOUT 28 SECTION 19.01 CESSATION OF SERVICES AT CLOSEOUT 28 SECTION 19.02 ADMINISTRATIVE OFFSET 29 SECTION 19.03 DEADLINE FOR CLOSEOUT 29 SECTION 19.04 PAYMENT OF REFUNDS 29 SECTION 19.05 DISALLOWANCES AND ADJUSTMENTS General Provisions (September 1, 2016) 3 ARTICLE I CONTRACT COMPONENTS Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a. The Contract, including any applicable Program Attachment(s); The Department of State Health Services Fiscal Year 2016 General Provisions (General Provisions) and if applicable, the ; c. The solicitation document, if applicable; and d. The response, proposal or application submitted by Contractor in response to the solicitation document, if applicable. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict shall be resolved in the above order of priority in Section 1.01. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance. Contractor shall comply and require its subcontractor(s) to comply with the requirements of these general provisions and all other applicable state and federal statutes, regulations, rules and executive orders, as such statutes, regulations, rules and executive orders including as such statutes, regulations, rules and executive orders may be amended. Section 2.02 Precedence of Contract Terms. 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 shall take precedence and control. Section 2.03 Effect of Legislative Changes. Contractor agrees that upon notification from Department of State Health Services (DSHS or Department) Contractor shall comply with any changes to the term of the contract include in its contracts that are a result of legislation during the term of this Contract. Section 2.04 Compliance with Requirements of Solicitation Document. If applicable and except as specified in these General Provisions or the Contract's terms, the Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document 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 and may result in termination. Section 2.05 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and provided for in the Contract and in these General Provisions. Except as otherwise provided for in this Contract or General Provisions, the Contractor shall submit reports to the assigned contract manager. Contractor shall also 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 contract or upon request may constitute a breach of contract, result in delayed payment and/or the imposition of sanctions and remedies. And failure to comply with a reporting requirement may adversely affect evaluation of Contractor's ability to contract in the future with the Department. Section 2.06 Applicable Contracts Law and Venue for Disputes. Except as provided for in Article XV, all issues related to this contract, including formation, performance and interpretation that may arise in any dispute between the Parties, shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Travis County, Texas. 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 General Provisions (September 1, 2016) 4 to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. 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; 7. U. S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Code Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); 10. Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 11. Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 12 Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing, and 14. 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., as amended by Public Lawl 13-4 (March 7, 2013), 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; 289a-1 et se and 6601 (P.L. 93-348 and d. National Research Service Award Act of 1971, 42 USC §§ q., P.L. 103-43), regarding human subjects involved in research; e. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, 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. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 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; 29 CFR § j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 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;" General Provisions (September 1, 2016) 5 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 (P.L. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973,16 USC §§ 1531 et seq., 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; 10. Wild and Scenic Rivers Act of 1968,16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead-based paint in residential construction or rehabilitation; n. 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 Part1200 et seq; o. Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis -Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreements; s. 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; t. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Code 771) or Interlocal Cooperation Contracts (Texas Government Code Chapter 791): 1. Hold Harmless and Indemnification, Section 12.18; 2. Independent Contractor, Section 11.05; 3. Historically Underutilized Businesses (HUBs), Section 11.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 3.01; General Provisions (September 1, 2016) 6 5. Application of Payment Due, Section 3.02; and 6. Article XIV, Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: 1. Payments made by DSHS to Contractor shall be from current revenues available to DSHS; and 2. Each Party represents that it has been authorized to enter into this Contract. Section 2.09 Civil Rights Policy 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 calendar days after Contractor's receipt of the claim. Notice must be directed to: Civil Rights Office Health and Human Services Commission 701 W. 51' Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 HH SCivilRishtsOffice c(�r 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. 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 shall include instructions and detailed information on how DSHS shall fund the services and/or goods to be procured with the restricted or reduced funds. Section 2.12 Whistleblower Act Protection. This Contract is required to include the Whistleblower Protection Acts (See Section 2.07(v)) protections to grantees, their subgrantees and subcontractors, and contractor must inform their employees of whistleblowers' rights and remedies. The requirement is in effect for all grants, contracts, subgrants, and subcontractors issued beginning July 1, 2013 through January 1, 2017. ARTICLE III SERVICES 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 are 22 years of age or younger, have access to educational services as required by Texas Education Code § 29.012. General Provisions (September 1, 2016) 7 Contractor shall notify the local education agency or local early intervention program as prescribed by this Section not later than the third calendar day after the date a person who is 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 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: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information, m. Vector control and veterinary services; and n. Victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, in the most cost-effective, and least intrusive manner to Contractor's primary services. 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 Texas Family Code Chapter 32 relating to consent to treatment of a child by a non-parent or the child or other state law. If requirements of federal law relating to consent directly conflict with this Chapter, then federal law supersedes state law. Section 3.04 Telemedicine(Telepsychiatry Medical Services. If applicable, the 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 General Provisions (September 1, 2016) 8 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 25 TAC Rule § 448.911. Section 3.05 Services and Information for Persons with Limited English Proficiency. a. 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. b. 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. c. Contractor shall make every effort to avoid use of any persons under the age of 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. a Pursuant to Texas Government Code § 403.055, the Department shall not approve and Texas Comptroller of Public Accounts shall not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. b. Contractor, if a corporation, certifies by execution of this Contract that it is current and shall 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 (Texas Tax Code §§ 171.001 et seq.). As a corporation, this Contractor further certifies that it is and shall remain in good standing with the Secretary of State's office. c. 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 shall 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. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of this Contract, the payment method is based on a unit rate (fixed price or a specified) or fee for service (delivery of a specified unit of service) as stated in the Contract. Section 5.02 Invoice/Billing Submission. General Provisions (September 1, 2016) 9 a. Contractor shall bill the Department in accordance with the Contract in the form and format prescribed by DSHS. If applicable, the Contractor must submit of all required documentation, reports, forms and/or deliverables in order to receive payment from the Department. b. Unless otherwise specified in the Contract or permitted under the Third Party Payors (See Section 5.04 below), Contractor shall submit requests for payment monthly by the last business day of the month following the end of the month covered by the bill. c. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final InvoiceBilling Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than 45 calendar days following the end of the term of the Contract. Section 5.04 Third Party Payors. Except as provided in this Contract, Contractor shall screen all clients and may not bill the Department for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the 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 that are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; d. Not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; £ 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 shall pay Contractor. Payments are contingent upon a signed Contract and shall not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If these conditions are met, Department shall make payment in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251). Contractor acknowledges and agrees that it shall comply with the provisions in the Texas Prompt Payment Act regarding its prompt payment of its financial obligations to its subcontractors. Section 6.02 Payment by Department. Payment of invoices by the Department shall not constitute acceptance or approval of Contractor's performance nor foreclose the right of the Department and HHSC to recover excessive or illegal payments. All invoices and Contractor's performance are subject to review and audit by the Department. General Provisions (September 1, 2016) 10 Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset overpayments that Contractor has not refunded to Department. Department may take repayment from funds due to the Contractor for services performed or goods delivered in amounts necessary to fulfill Contractor's repayment obligations. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected lies client information by DSHS inny accordance withtion that any applicable federal iscloses nandential state personal information or id any law, rules and regulations, including but not limited to: a. 7 Code of Federal Regulations (CFR) Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); b. Texas Health and Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611 and 773; c. Texas Occupations Code, Chapters 56 and 159; and d. Any other applicable federal and state laws, rules or regulations. The HHS Data Use Agreement (Version 8.3) at httpa/www.hhscstate.tx.us/about hhsc/BusOpp/data-use- aareement.pdf is incorporated as part of the Contract and describes Contractor's rights and obligations with respect to the Confidential Information and the limited purposes, for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. For the purpose of this Contract, the: ❑ Contractor does not access Confidential Information and does not have to comply with HHS Data Use Agreement (Version 8.3); or ❑ Contractor accesses Confidential Information as defined in and agrees to comply with the HHS Data Use Agreement (Version 8.3). Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any other applicable federal or state laws, rules or regulations. Contractor shall disclose information described in Texas Health and Safety Code § 614.017(a)(2) relating in special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) uponrequest of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall ensure that patient and client records are managed 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 Contract to General Provisions (September 1, 2016) 11 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 Contract to this Contract, as applicable or if care or treatment is transferred to another DSHS-funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome), AIDS Model Workplace Guidelines for Businesses, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. A link to the Model Workplace Guidelines can be found at: http://www. dshs. state. tx. us/hivstd/pol icy/pol icies.shtm ARTICLE VIII PUBLIC INFORMATION ACT Section 8.01 Texas Public Information Act. The Contractor understands that DSHS shall comply with the Texas Public Information Act (Texas Government Code Chapter 552). If the Contractor is not a state agency, institution of higher education or other governmental entity, then the 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 IX RECORDS RETENTION Section 9.01 Retention. a. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall maintain all records, including but not limited to financial that are generated or collected by Contractor under the provisions of this Contract for a period of four years after the termination of this Contract. b. If the federal retention period for services are funded through Medicaid is more than four years, then the Contractor will retain the records for longer period of time. c. 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. d. Contractor shall retain medical records in accordance with 22 TAC § 165.1(b) or other applicable statutes, rules and regulations governing medical information. e. Contractor shall include this provision concerning records retention in any subcontract it awards. f. 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 years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. g. 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 this Contract. ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS General Provisions (September 1, 2016) 12 Section 10.01 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 authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, the Office of the Inspector General at HHSC (OIG) and the State Auditor's Office (SAO) or any of their successor agencies, unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. 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 shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. 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 10.02 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 shall 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 10.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site shall be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to document and 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 (See Article XV). ARTICLE XI REPORTING REQUIREMENTS Section 11.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: a. Human Immunodeficiency Virus/Sexually Transmitted Diseases (HIV/STD); b. Family Planning (Titles V, X and XX); c. Primary Health Care; d. Maternal and Child Health; and e. Women, Infants and Children (WIC) Nutrition Services. All Contractors shall comply with child abuse reporting guidelines and requirements in Texas Family 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. General Provisions (September 1, 2016) 13 Contractor shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.tx.uslchildabusereporting as required by the Department. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. This section is in addition to and does not supersede any other legal obligation of the Contractor to report child abuse. Section 11.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Contract 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 72 hours of discovery. Section 11.03 Litigation. Contractor shall notify the contract manager assigned to this Contract of litigation related to or affecting this Contract and to which Contractor is a party within seven 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, which includes but is not limited to 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, Wally. Section 11.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the contract if Contractor has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three working days of the suspension or termination. Such notification must include the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. If Contractor 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 working days of the surrender, suspension or revocation to the contract manager assigned to the Contract by submitting a one- page description that includes the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 11.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Contract of Contractor's insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three working days of the date of determination that Contractor is insolvent or incapacitated or the date Contractor discovered an unpaid obligation to the IRS or TWC. The Contractor shall also notify in writing the contract manager assigned of its plan to seek bankruptcy protection within three working days of such action by Contractor. Section 11.06 Performance Malfeasance. Contractor shall report to the contract manager assigned to the Contract any knowledge of debarment, suspected fraud or unlawful activity related to performance under this Contract. Contractor shall make such report no later than three working days from the date that Contractor has General Provisions (September 1, 2016) 14 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 (31 U.S.C. §§3729-3733) 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 httn://sao.fraud.state.tx.us, and to the HHS Office of Inspector General at httu:/Iwww.oig.hhs.aov/fraudlhotline/ no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 11.07 Criminal Activity and Disciplinary Action. a. Contractor affirms that Contract nor any 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. b. Contractor shall report in writing the contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place, 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: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. 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 not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts: 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); General Provisions (September 1, 2016) 15 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 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 in subsection (g) above; and i. Neither it, nor its principals within a three year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. 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 Contract. Also, 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 Contract. Section 12.02 Child Support Delinquencies. As required by Texas Family Code § 231.006, a child support obligor who is more than 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 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 12.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and if applicable, 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 12.04 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 12.05 Ineligibility to Receive the Contract. General Provisions (September 1, 2016) 16 a. Pursuant to Texas Government Code § 2155.004 and federal law, Contractor is ineligible to enter into this Contract with the Department 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 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 developing, drafting or preparation of specifications, requirements or statements of work for this Contract or in the Solicitation Document associated with this Contract. b. Pursuant to Texas Government Code §§ 2155.006 and 2261.053, Contractor is ineligible to enter into 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 Texas Government Code §§ 2155.004, 2155.006 or 2261.053 and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 12.06 Antitrust. Pursuant to 15 USC Sec. 1, et seq., and Texas Business & Commerce 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 made to 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. ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 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 13.02 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBS in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 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 approval the revtised plan from the Deps Contract. If artmenttor 'seHUmake c a dchange a argbeforeeproposedntractor must obtain prior app changes shall 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 TAC § 20.16(c). Section 13.03 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 Texas Government Code § 2155.4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1, 2016) 17 are/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; e. Not ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract (Assurances and Certifications Article) or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article); and f. 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 years any license issued by the Department. Section 13.05 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 shall not be eligible for unemployment compensation from the Department or the State of Texas. Section 13.06 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 a liability or has failed to remain current on a delinquent liability to the IRS, this Contract shall 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 shall not enter into a contract with Contractor for three years from the date of termination. Section 13.07 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Contract within 10 business days of any change to Contractor's name, contact information, key personnel, 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 amendment provisions in Article XIII. Section 13.08 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS and from using the Department's name, logo or website link in any manner that is intended or that could be perceived as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 13.09 E -Verify System. By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's E - Verify system to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Contract; and b. All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract, within the United States of America. ARTICLE XIV GENERAL TERMS Section 14.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this General Provisions (September 1, 2016) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with Texas Government 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). b. If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract 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 shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure. 1. At the time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. 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 Contract. Contractor shall include this provision in any subcontracts. Section 14.03 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 Department or HHSC, their commissioners, officers 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 Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 2016) 19 Section 14.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transaction 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 Contract the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party shall perform under this Contract. Contractor shall comply with Texas Government 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 § 74.42. Section 14.05 Intellectual Property. a. Texas Health and Safety Code §12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. "Intellectual property" is 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 a "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. c. 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. 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. 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. d. Any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds General Provisions (September 1, 2016) 20 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 Contract. Section 14.06 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 or software licenses with a value of $500 or more. 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 shall survive the termination or expiration of this Contract. Section 14.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 14.08 Legal Notice. Except as otherwise provided in this Contract or General Provisions, any notice required or permitted to be given by the provisions of this Contract or General Provisions shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 14.09 Successors. This Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 14.10 Survivability of Terms. Termination or expiration of this Contract or a Contract for any reason shall not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed shall survive any such termination or expiration or remain to be performed, including but not limited to maintaining confidentiality of information and records retention. Section 14.11 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Texas Government Code Chapter 2114 regarding Customer Service surveys. Section 14.12 Amendment. All amendments to this Contract must be in writing and agreed to by both Parties. If a Contractor requests an amendment, it must be submitted in writing and include a justification for the request, to the contract manager assigned to the Contract. Section 14.13 Contractor's Notification of Change of Contact Person or Key Personnel. Within ten calendar days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Contractor's Contact Personnel or Key Personnel, if included in their response to a solicitation document. Section 14.14 Unilateral Amendment. The Department reserves the right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten days notice prior to execution of the amendment under the following circumstances to: a. Correct an obvious clerical error in this Contract; b. Incorporate new or revised federal or state laws, regulations, rules or policies; and General Provisions (September 1, 2016) 21 c. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State. Section 14.15 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHSIHHSC shall provide written notice of interim extension amendment to the Contractor under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. DSHS will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Contractor will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (a)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (a)(2) above shall be a one-time extension for a period of time determined by HHS/DSHS. Section 14.16 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF TH1S CONTRACT IS IN OF NY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT ED TO CONSTITUTE A WAIVER BY DEPARTMENT PARTMENT THE STATE OF TEXAS OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 14.17 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 14.18 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract shall not constitute a waiver of either party's rights under this Contract. Section 14.19 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. General Provisions (September 1, 2016) 22 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. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "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 telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standard?' means the accessibility standards for electronic and information resources contained in 1 Tex.Admin. Code Chapter 213. "Product" means information resources technology that is, or is related to, EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those 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. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and services, as well as 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 the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of 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. d.. Representations and Warranties. I. 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 Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2016) 23 ii. If the Products will be in the custody of the state or an DSHS' client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Contractor becomes aware, or is notified that the Product or service 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 ail necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, 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. 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. e. Remedies. 1. Under Tex. Gov't Code § 2054.465, neither the Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't 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, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 14.20 Force Majeure. Neither Party shall 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 severeweather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure shall 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 party as soon as practicable. This Party must also 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 14.21 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. Section 14.22 Insurance. Contractor shall acquire and maintain for the duration of this Contract, insurance and with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the Contractor's industry or profession. Contractor must submit evidence of insurance as required under this Contract, including if requested a schedule of coverage or "underwriter's schedules" establishing to the satisfaction of DSHS the nature and extent of coverage granted by each such policy upon request by DSHS. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Contractor shall General Provisions (September 1, 2016) 24 secure such additional policies or coverage as DSHS may reasonably request or that are required by law or regulation. ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 15.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a. Failure to properly provide the services and/or goods purchased under this Contract; b. Failure to comply with any provision of this Contract including failure to comply with all applicable statutes, rules or regulations; c. Failure to pay refurids or penalties owed to the Department; d. Failure to comply with a repayment agreement with Department or agreed order issued by the Department; e. Discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; f. Any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract or g. Contractor is on or is added to the Excluded Parties List System (EPLS). Section 15.02 Genera! Remedies and Sanctions. 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. Additionally, HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis 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 by one of means provided in Article XVII. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants; b. Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVII; as of the effective date of the suspension pending DSHS's determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor; f. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g. Declare this Contract void upon the Department's determination that this Contract was obtained fraudulently or was illegal or invalid from this Contract's inception and demand repayment of any funds under this Contract; General Provisions (September 1, 2016) 25 h. Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i. Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation or failure to comply with Contract terms; j. Pursue a claim for damages as a result of breach of contract; k. Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with DSHS-funded clients or participant, if the employee or volunteer has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; 1. Withhold any payment to Contractor to satisfy any recoupment imposed by DSHS and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; m. Reduce the Contract term; n. Recoup improper payments when Contractor has been overpaid for reasons such as payments are not supported by proper documentation, improper billing or failure to comply with Contract terms; and o. Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule. Section 15.03 Notice of Remedies or Sanctions. a. Department shall formally notify Contractor in writing when a remedy or sanction is imposed, stating the nature of the remedies and sanction, the reasons for imposing them, the corrective actions, if any, that must be taken before the actions shall be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies or sanctions imposed. b. Other than in the case of repayment or recoupment, Contractor is required to file, within 15 calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. c. If requested by the Department, the written response must state how Contractor shall correct the noncompliance by agreeing to a corrective action plan or demonstrate in writing that the findings on which the remedies or sanctions are based are either invalid or do not warrant the remedies or sanctions. 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 shall provide written notice to Contractor of Department's final decision. d. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the plan approved by DSHS. If DSHS determines that repayment is warranted, DSHS shall 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 shall recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 15.04 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 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 and may include failing to provide services; providing inadequate services; or providing unnecessary services. General Provisions (September 1, 2016) 26 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 XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE Section 16.01 Breach of Contract Claim. The process for a breach of contract claim against the DSHS provided for in Texas Government Code Chapter 2260 and implemented in the rules at 25 TAC § §4.11-4.24 or as amended by DSHS, shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 16.02 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 Chapter 2260 and 25 TAC or as amended. To initiate the process, Contractor shall submit written notice, as required by Subchapter B, to DSHS Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260 are being invoked and comply with all the requirements in this Chapter and TAC. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Section 16.03 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a notice of claim filed by the Contractor constitutes grounds for the suspension in whole or part of performance by Contractor. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION Section 17.01 Expiration of Contract or Program Attachments. a. Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Contract or Program Attachment shall end upon the expiration date of that Contract or Program Attachment unless extended or renewed by written amendment. b. Prior to completion of the term of all Contracts or Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article and in the Contract. c. A Program Attachment's term cannot extend past the Contract term in its associated Contract. Section 17.02 Effect of Termination or Expiration. a. 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. b. Upon termination of all or part of this Contract, Department and Contractor shall be discharged from any further obligation created under the applicable terms of this Contract or 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. c. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. Section 17.03 Termination or Temporary Suspension Without Cause. General Provisions (September 1, 2016) 21 a. Either Party may terminate this Contract or Program Attachment, as applicable with at least 30 calendar days prior written notice to the nonterminating Party. b. Ih Contractor seeksat9residentialtransition Contractor shall the Department ates0calendar days prior written and hall submit a plan to ensure client services are not disrupted. c. The Parties can agree to terminate by mutual agreement. DSHS may temporarily suspend or terminate this Contract or Program Attachment, as applicable if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or HHSC agencies, amendments to the Appropriations Act, health and human services consolidations or any other disruption of current appropriated funding for this Contractor Program Attachment. Contractor shall be notified in writing of any termination or temporary suspension and of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor will discontinue performance under the Contract as of the effective date of the suspension for the duration of the suspension. Section 17.04 Immediate Termination. Department may immediately terminate this Contract or Program Attachment, as applicable, when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 17.05 Termination For Cause. Department may terminate this Contract, in whole or in part, for breach of contract by providing 10 calendar days written notice to Contractor. Section 17.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. Notice of termination is effective when it is received by the non -terminating party. ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS Section 18.01 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 18.02 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, 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 to the Contractor is subject to recoupment by DSHS. Section 18.03 Appeals Rights for DSHS Funded Block Grants. Pursuant to Texas Government 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 Texas Government Code Chapter 2001. ARTICLE XIX CLOSEOUT Section 19.01 Cessation of Services at Closeout. Upon expiration or termination of this Contract or Program Attachment, as applicable, Contractor shall stop providing services or the delivery of goods under this Contract and if necessary, shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. General Provisions (September 1, 2016) 28 Contractor shall not bill DSHS for services performed or goods delivered after termination or expiration of Contract or Program Attachment. Upon termination or expiration of this Contract or Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 19.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against any invoice submitted for payment. Section 19.03 Deadline for Closeout. Contractor shall submit all performance, and other Closeout reports required under this Contract within 45 calendar days after the Contract or Program Attachment, if applicable, has terminated. Section 19.04 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 shall result in a refund due, which Contractor shall pay within the time period established by the Department. Section 19.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to 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 (September 1, 2016) 29 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS 31 /&%�TK{�LUl]�KX PDK��K�RkM�OPERATI0Unm-.-------,- ..-__~.'--.--.---- 3l Section 21.01 K�l*�k8�����m�0�Ue8xQ�h�--------__-_----___.^___.__,,_____'____. ~' Section 21.02 Contracts witli Subrecipicnt and Vendor Subcontractors ............................................31 Section 21.03 Incorporation wfTerms Uo8obmmcipieot8ubcwotrmct&-.-.--'-.-,~-----_---.-31 Section 21.04 Quality Management. 32 ' Section 21.05 Contractor's NotiChange 32 Section 21Responsibilities and Rcstrictions Concerning Governing Body Officers and Employees -32 33 ARTICLE PROGRAM E��y�D8X�^PLDE8..--.--._-----..----,.-_---,-- ,'.�3 Section 22.01 Equipment. �--'''---__,_--_ __,_---_',,_--__,,_'_-._ -'--- ~_,~I3 Section22.02Equipment �����emt List~ ' ---_----__-__,____.,~'_____,____ Section 22.03 8op��m'-_-'-''_.~,' --~__.--.-.^_'--.'~_-..~_--' Section 22.04 Property Inventory and Assets --...,-_'____--._,~~_-,,,.-.34 ^~^~^`^ �4 Section %�05 Asom�moCm0mte�l Pmhib;��--~-_---._-_'~._-',,__--,,,___,~~ ARTICLE XXIIIPROGRAM PAYMENT8-----.---._----~^.'_----.__---.,..34 Section 23.01 Use mKFo�8m ^^---_-_---__---_----_',_--_,.~.---_,~.--. ---'--' 34 Section 23.02 Use for 8�a�h ProhN�tod~-''----___----_'_^'-_.~~,_-.'',_'---,~-- __,~_-35 Section 23.03 PrmgmwmmDmummue. _-_._----_,~--_---_-,---_~^,~_-___,._,.- --' ,~_.__. Section 23.04Nonsupplanting. ,_•_.__ _________~___~,~,__ ~ 33 ]5 Section 23.05 Payment Methods _----'-_____-_--.._-,.~--_,,_-'_~__--.~,_ ----' Section 23.06 Financial ~,_~ {���u�--_----._'--.'--~___-_-,___-'~^ 35 Section 23.07 Working Capital Advance ,,__~,._- 35 Section 23.08 Condition Precedent to Requesting Payment. _ _,-36 Section 23.09 Management and Control Systems. --.~-_-.------_---~,,_-._,~,,_.-..,,,�G .- Section 23.10 Effect of Grant Close Out .-'-.--'_'.,,,'--'___-_,~-__'~~~ ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS + • . 36 Section 24.01 Section 24.0 Section 24.03 Section 24.04 Section 24.05 Section 24.06 36 AllowableCosts --.~____,_____________~,_____,____,__ ''-- 37 Property Acquisitions -_-----__^_.--_,,,.-___,-___.~__.__,,_,.___.~_ - Cost Allocation Plan. ....'''--------_.,,,--___-___,,,'___.,,____.~.. 38 -- ___.,',____.,_,.____,_,___,,~__~-_38 Overtime-�- 38 �m��.-.'_'-.-.----^~~-----~~''--^~- ~~~~r~~~~~^-'-°- or Program -Specific 39 39 Section AD�TD��LE]0�V INSURANCE AND BONDS '_.--....--~.'----...',~--_.._,.,..---..._--.~--- �9 ��01 Insurance ,-_--..,,----.---_^----'____---_.- - --40 Section 25.02 Fidelity Bmnd^-'�_----_ _--__,,-_----�_..--____�'___'' - Section 25.03 Liability Coveruge.---. 40 ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT 40 40 Section 26.01 Final Budget .--.---,~,-__.'-___~_,_____,___.__~___ ---' Section 26.02 --- 4\ 0mc�m��&�� �b��a��m�mn�� ---~_---.,,.'---,,,_-___,_,'--__',,______,^,,___. --' Section 26.0441 KX��mwk��omm��ro�����--_,.^--~,..---_,'__---__,---_._,~.^-__,,-_-__-- 4l Section 26.05 ��lwmcmutaK]�goipmmmmt-~.-------_^,---_~,,_-___~,.___.~,___,.--. 41 ARTICLE XX DSHS GENERAL PROVISIONS In addition to the terms and conditions in the Department of State Health Services (DSHS or Department) FY 2016 General Provisions (General Provisions), Contractor agrees to comply with these 2016 Federal Grant Subrecipient Additional Provisions. ARTICLE XXI PROGRAM OPERATIONS Section 21.01 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 21.02 Contracts with Subrecipient and Vendor Subcontractors. a. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in the Contract or Program Attachment(s). b. Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. c. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. e. 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. f. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. g. Contractor is responsible to DSHS for the performance of any subcontractor. h. 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 Sections 12.05, 14.03 and 14.04 of the General Provisions. Section 21.03 Incorporation of Terms in Subrecipicnt Subcontracts. a. 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. Assurances and Certifications in Article 12 of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2016) 31 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 Article X of the General Provisions; b. 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. c. 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. d. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. e. If a subcontractor is unable to certify (or status changes during contract term) to any of the statements in Section 14.03 and 14.04 or any of the certifications stated in Article X of the General Provisions, Contractor shall submit an explanation to the contract manager assigned to the Contract. Section 21.04 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 21.05 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. Cumulative budget transfers that do not exceed 25% among direct cost categories, other than the equipment category, 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); and b. 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 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. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. a. 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. b. 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 Subrecipient General Provisions (September 1, 2016) 32 self-evaluation and Department's monitoring processes. Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. c. 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 Texas Government 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 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. Section 21.07 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. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. 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 in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. 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. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number; 3. Source of funding for the property (including the Federal Assistance Identification Number); 4. Who holds title, 5. Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and S. Any ultimate disposition data including the date of disposal and sale price of property. Any changes to the approved equipment list in the executed Contract mustbe approved in writing by Department prior to the purchase of equipment. b. Contractor shall submit to the contract manager assigned to this Contact, a written description including complete product specifications and need justification prior to purchasing any item of Subrecipient General Provisions (September 1, 2016) 33 unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. 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. b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000, which includes 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. c. 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 22.04 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in the Section 14.06 of the General Provisions 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 22.05 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 XXIII PROGRAM FUNDS AND PAYMENTS Section 23.01 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 23.02 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. Subrecipient General Provisions (September 1, 2016) 34 Section 23.03 Program Income. a. Gross income directly generated from Department funds through a project or activity performed under a Contract and/or earned only as a result of this Contract during its term is considered program income. b. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in Subsection 25(g)(2) of the Uniform Grant Management Standards, for the use of program income to further the program objectives of the state or federal statute that provided the authority of this Contract or its Program Attachment, and Contractor shall spend the program income on the same Project Attachment or Statement of Work project under which it was generated. c. Contractor shall identify and report this income in accordance with Article IX of these General Provisions and the provisions in the Contract or its Program Attachment(s). d. 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. e. 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 23.04 Nonsupplanting. Contractor shall not 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. Section 23.05 Payment Methods. Section 5.01 of the General Provisions is replaced with the following: Except as otherwise provided by the provisions of this Contract or its Program Attachment(s), the payment method for it will be cost reimbursement. This payment method is based on an approved budget in this Contract or its Program Attachment(s) and acceptable submission of a request for reimbursement. Section 23.06 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of Contracts, if a contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Contract term for Department review and financial assessment. Contractor shall submit the final FSR no later than 45 calendar days following the end of the Contract term. Section 23.07 Working Capital Advance. If necessary, if allowed by law, and if permitted at DSHS sole discretion, Contractor's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timed as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2016) 35 shall establish procedures to minimize the time elapsing between the transfer of funds from DSHS to Contractor, and shall ensure that such funds are disbursed as soon as administratively possible. Section 23.08 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 23.09 Management and Control Systems. a. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. b. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS. Those requirements and procedures include, at a minimum, the following: 1. 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; 2. 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 Contract and its Program Attachment and are traceable from the transaction to the general ledger; 3. Effective internal and budgetary controls; 4. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; 5. Timely and appropriate audits and resolution of any findings; 6. Billing and collection policies; and 7. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 23.10 Effect of Grant Close Out. Contractor must submit all requests for reimbursement prior to the date of the closure of the grant. DSHS may reject any request for reimbursement submitted after closure of the grant. ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 24.01 Allowable Costs. a. Except as provided by section 23.06, DSHS will reimburse Contractor for services satisfactorily performed, and sufficiently documented for allowable costs. b. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. c. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. Subrecipient General Provisions (September 1, 2016) 36 A d. 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 30 calendar days of the date of this written notice. e. 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) 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. Pp licable Cost principles, Audit requirements and Administrative Requirements Administrative Requirements Applicable Entity State, Local and Tribal Governments Educational Institutions Non -Profit Organizations 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. Applicable Cost Principles OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-122 (2 CFR, Part 230) 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 Audit Requirements OMB Circular A-133 and UGMS OMB Circular A-133 OMB Circular A-133 and UGMS OMB Circular A- 133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable UGMS; OMB Circular A-110(2 CFR, Part 215) and applicable Federal awarding agency common rule UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http:llwww.dshs.state.tx.uslcontracts/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. The Contract will specify appropriate grant guidance. Section 24.02 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. Subrecipient General Provisions (September 1, 2016) 37 Section 24.03 Cost Allocation Plan. a. Contractor shall implement and follow the applicable Cost Allocation Plan. b. Contractor shall submit a Cost Allocation Plan on the format provided by DSHS 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. 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. c. 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 30 calendar days after the effective date of the change. Section 24.04 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: a. With the prior written approval of DSHS; b. Temporarily, in the case of an emergency or an occasional operational bottleneck; c. When employees are performing indirect functions, such as administration, maintenance, or accounting; d. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or e. When lower overall cost to DSHS will result. Section 24.05 Independent Single or Program -Specific Audit. a. If Contractor within Contractor's fiscal year expends a total amount of at least $750,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the 2 CFR § 200.501. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards: b. 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. c. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in 2 CFR § 200.501 or UGMS, as applicable, for their program -specific audits. d. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. e. If Contractor fails to complete the Single Audit Status Form within 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. Subrecipient General Provisions (September 1, 2016) 38 £ 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.uslcontracts/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 years. Section 24.06 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 Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministration(a,dshs. state.tx.us Electronic submission to HHSC should be addressed as follows: Oueenah.Teamahehhsc. state,tx.us 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. g. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.24 of the General Provisions, 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 this Contract within 5 business days of learning of the loss, 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. Subrecipient General Provisions (September 1, 2016) 39 Section 25.02 Fidelity Bond. a. 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. b. The fidelity bond or insurance must provide for indemnification of losses occasioned by any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or 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. c. 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 25.03 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"). This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. 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. ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT Section 26.01 Final Budget Contractor shall submit an actual Budget to DSHS no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities, whichever occurs first. The Budget shall be in a format prescribed by DSHS and shall be accompanied by a report of all activities performed under this Contract. Section 26.02 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies fn 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. Subrecipient General Provisions (September 1, 2016) 40 Section 26.03 Title to Property. At the expiration or termination of this Contact for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 26.04 Disposition of Property. a. Contractor shall follow the procedures in the American Hospital Association's (AHA) "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. b. All other equipment not listed in the AHA reference (other than equipment that requires Iicensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. c. 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 this Contract. d. 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 26.05 Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Contractor shall submit to the contract manager assigned to this, 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 this Contract, 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. ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS 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. Subrecipient General Provisions (September 1, 2016) 41 Contractor also shall comply with all applicable federal and state assurances contained in Section 14 of the Uniform Grant Management Standards. 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:l/www.dshs.state.tx.us/contracts/links.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2016) 42 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of September 15, 2015 Action Agenda Item for the City Council Meeting of September 22, 2015 DATE: 8/31/2015 TO: FROM: Ronald L. Olson, City Manager E. Jay Ellington, Director of Parks and Recreation JayEll@cctexas.com; 361-826-3464 FY16 Parks and Recreation fees CAPTION: Resolution adding new rental and recreational use fees for fiscal year 2015-2016 and providing for publication; effective date; and severance of the same. PURPOSE: Approve proposed new fees or fees increasing by more than 25% for Fiscal Year 2016. BACKGROUND AND FINDINGS: All new fees and fee increases have been included in the FY16 proposed budget as revenue. In the Athletics section, the youth volleyball team fee replaces registration by individual team members, and a Fall youth baseball season has been added. A successful pilot program in our Aquatics section, `Punch card' fees have been added. Punch cards provide 11 entry fees for the price of 10. A one dollar increase to our City Championship individual registration is included. Swim lessons (4 pack) were increased two years ago to $65 without any drop in participation. This resolution formalizes the increase. New fees related to the Oso Bay Wetland Preserve will go into effect with its opening in FY16. Categorized as a 'new' fee, Beach/Park Wedding permits have historically been treated as a `Small Special event'. There is no increase in Beach/Park Wedding permits as a separate fee. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees, and fees increasing by more than 25%. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating X Revenue Capital Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 50,000.00 50,000.00 Encumbered / Expended Amount This item 0.00 0.00 BALANCE 50,000.00 50,000.00 Fund(s): General Fund Comments: Revenue projected from NEW fees have been included in the FY16 proposed budget. RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — FY16 New Fees, Fees Increasing More than 25% Attachment — FY16 Proposed Fee Schedule and Revenues for the Parks and Recreation Department Resolution adding new rental and recreational use fees for fiscal year 2015-2016 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 user fees, or increases in existing user fees by more than 25 percent, for parks and recreation department recreational use fees as shown in Exhibit A attached, for Fiscal Year 2015-16. Section 2. This resolution is effective October 1, 2015. 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: 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn EXHIBIT A FY16 NEW FEES - Parks and Recreation Program Area Current Fee Proposed Fee Diff. PERCENT CHANGE Section 1. ATHLETICS Volleyball (youth) - per team per season S - S175.00 $ 1.00 NEW Baseball (youth) - Fall season $ - $275.00 $ 21.00 NEW Section 2. AQUATICS Punch card - Youth (buy 10, get 1 entry free) $ - $10.00 NEW Punch card - Adult $ - $30.00 NEW Punch card - Seniors $ - $12.50 NEW Section 5. OSO BAY WETLAND PRESERVE Multipurpose room rental, per hr, 2 hr minimum $ - $25.00 NEW Amphitheatre rental, per hr, 3 hr mimimum $ - $60.00 NEW Wedding, 6 hrs, 100 guests $ - $2,000.00 NEW Birthday party (indoor), per hr, 2 hr minimum $ - $25.00 NEW Birthday party (outdoor) per hr, 3 hr minimum $ - $60.00 NEW Photography rental, 2 hr shoot $ - $25.00 NEW Photography rental, photographer annual permit $ - $75.00 NEW Summer Camp Fee, per person per week $ - $120.00 NEW Organized school activities, per person $ - $3.00 NEW Private / guided hikes, per person per 1-1/2 hr tour $ - $3.00 NEW Section 10. SPECIAL SERVICES Beach / Park wedding $ - $ 100.00 NEW FY16 Fees Increasing More than 25% - Parks and Recreation Program Area Current Fee Proposed Fee Diff. PERCENT CHANGE Section 2. Aquatics City Championship Swim Meet $ 3.00 $ 4.00 $ 1.00 33.3% Swim Lessons $ 44.00 $ 65.00 $ 21.00 47.7% Parks and Recreation Department FY16 PROPOSED FEE SCHEDULE AND REVENUES DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z ii w z Section 1. ATHLETICS A. Adult Athletic Events: Includes awards and officials. Volleyball - Regular Season, 1 referee $ 125.00 per team per season $ 125.00 per team per season 0.0% Recreational League (Basketball, Softball, Flag Football, etc.) $ 400.00 per team $ 400.00 per team 0.0% B. Youth Athletic Events: Includes awards, and medical insurance. Middle school and High School girls Volleyball - regular season $ 25.00 per child, min. 6 per team $ 175.00 per team per season N Basketball Regular Season Athletics age 6 to 18 $ 65.00 per child $ 65.00 per child 0.0% Scholarship 1st child $ 30.00 per child $ 30.00 per child 0.0% Scholarship each additional child $ 25.00 per child $ 25.00 per child 0.0% Late registration fee $ 15.00 per child $ 15.00 per child 0.0% High School Varsity Boys & Girls Basketball League $ 350.00 per team $ 350.00 per team 0.0% City Basketball registration fees may be adjusted based on the cost to the City for gymnasium rentals. No post season tournament Girls Fast pitch Regular Season, w/playoff $ 350.00 per team per season $ 350.00 per team per season 0.0% Late registration fee $ 25.00 per team per season $ 25.00 per team per season 0.0% Youth Baseball Summer season, with top 50% in each division playoffs $ 525.00 per team per season $ 525.00 per team per season 0.0% Late registration fee $ 25.00 per team per season $ 25.00 per team per season 0.0% Fall season $ 275.00 per team per season N C. Tournament Events Basketball $ 150.00 per team $ 150.00 per team 0.0% Basketball - Multiple teams $ 125.00 per team $ 125.00 per team 0.0% Baseball -18 & up $ 375.00 per team $ 375.00 per team 0.0% Baseball - 16 & up $ 375.00 per team $ 375.00 per team 0.0% Baseball - 14 & up $ 300.00 per team $ 300.00 per team 0.0% Baseball - 12 & up $ 250.00 per team $ 250.00 per team 0.0% Baseball - 10 & up $ 200.00 per team $ 200.00 per team 0.0% D. Athletic Field Rentals Dick Runyan / Paul Jones Youth Rental fee per field $ 45.00 per hour $ 45.00 per hour 0.0% Youth Baseball Field Tournament Rental Fee $ 300.00 per field per day $ 300.00 per field per day 0.0% Westside - whole complex (youth only) $ 800.00 per day $ 800.00 per day 0.0% Adult Rental fee per field $ 55.00 per hour $ 55.00 per hour 0.0% Adult Tournament/Camp Rentals fee per day $ 30.00 per hr per field $ 30.00 per hr per field 0.0% Adult Tournament/Camp Rentals fee per day $ 350.00 per field per day $ 350.00 per field per day 0.0% 1 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z w z Greenwood Softball Complex Youth Rental fee per field $ 40.00 /hr $ 40.00 /hr 0.0% Adult Rental fee per field $ 50.00 /hr $ 50.00 /hr 0.0% Youth/Adult Tournament Rentals fee $ 250.00 per day per field $ 250.00 per day per field 0.0% Multiple teams/multiple tourney rental fee with more than 40 teams $ 100.00 per day per field $ 100.00 per day per field 0.0% Multiple teams rental fee with more than 40 teams $ 150.00 per day per field $ 150.00 per day per field 0.0% Salinas Multipurpose Complex Pavilion Rental $ 120.00 per 4 hours $ 120.00 per 4 hours 0.0% Youth Rental fee per field $ 40.00 /hr $ 40.00 /hr 0.0% Adult Rental fee per field $ 50.00 /hr $ 50.00 /hr 0.0% Football Youth/Adult Tournament Rentals fee (less than 40 teams) $ 250.00 per day per field $ 250.00 per day per field 0.0% Soccer Youth/Adult Tournament Rentals fee (less than 40 teams) $ 250.00 per day per field $ 250.00 per day per field 0.0% Multiple teams/multiple tourney rental fee with more than 40 team: $ 100.00 per day per field $ 100.00 per day per field 0.0% Multiple teams rental fee with more than 40 teams $ 150.00 per day per field $ 150.00 per day per field 0.0% E. Gymnasiums Rentals Youth Basketball tournament rental (10 hr. Max) $ 330.00 per day $ 330.00 per day 0.0% Additional hours $ 35.00 per hour $ 35.00 per hour 0.0% Staff Utility and Building Fee $ 75.00 per rental $ 75.00 per rental 0.0% Security Deposit per gym $ 50.00 per rental, per gym $ 50.00 per rental, per gym 0.0% F. Court practice time for Ben Garza & Corpus Christi Gym during regular hours, one-hour limit 1/2 court - youth $ 20.00 per hour $ 20.00 per hour 0.0% Full court - youth $ 30.00 per hour $ 30.00 per hour 0.0% 1/2 court - adults $ 25.00 per hour $ 25.00 per hour 0.0% Full court - adults $ 40.00 per hour $ 40.00 per hour 0.0% Ben Garza Gym Gym $ 125.00 /4 hrs $ 125.00 /4 hrs 0.0% Weight room $ 55.00 /4 hrs $ 55.00 /4 hrs 0.0% Entire facility $ 150.00 /4 hrs $ 150.00 /4 hrs 0.0% Additional hours $ 35.00 /hr $ 35.00 /hr 0.0% Corpus Christi Gym Gym $ 200.00 /4 hrs $ 200.00 /4 hrs 0.0% Additional hours $ 35.00 /hr $ 35.00 /hr 0.0% G. Youth Sports Camps (Instructor/City portions) $ 60.00 per child $ 60.00 per child 0.0% H. Athletics class fee split (Instructor/City split) 65% Instructor / 35% City 65% Instructor / 35% City 0.0% 2 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z L..1 z Section 2. AQUATICS A. General Admission Youth 17 & under $ 1.00 each $ 1.00 each 0.0% Adults 18 - 59 $ 3.00 each $ 3.00 each 0.0% Seniors 60 & over (all pools) $ 1.25 each $ 1.25 each 0.0% Greenwood Pool Slide Wristband $ 1.00 each $ 1.00 each 0.0% B. Punch Card (11 admissions) Youth $ 10.00 each N Adult $ 30.00 each N Senior $ 12.50 each N Annual Swim Passes Youth $ 187.50 $ 187.50 0.0% Adult $ 350.00 $ 350.00 0.0% Senior $ 250.00 $ 250.00 0.0% Seasonal Swim Passes (Spring, Summer & Fall*) Youth $ 62.50 $ 62.50 0.0% Adult $ 135.00 $ 135.00 0.0% Senior $ 90.00 $ 90.00 0.0% Family (minimum of 4 members) $ 275.00 $ 275.00 0.0% U.S. Swim Team Member (per season - short & long course) Youth $ 95.00 $ 95.00 0.0% Adult $ 165.00 $ 165.00 0.0% * Spring: January 1 to April 30 Summer: May 1 to August 31 Fall: September 1 to December 31 C. City Swim Leagues City TAAF Swim League $ 60.00 $ 60.00 0.0% City TAAF Scholarship fee per session per child $ 30.00 $ 30.00 0.0% TAAF Regional Swim Meet $ 6.00 $ 7.00 16.7% TAAF Regional Swim Meet (relay) $ 12.00 $ 14.00 16.7% City Championship Swim Meet $ 3.00 $ 4.00 33.3% City Championship Swim Meet (relay) $ 8.00 $ 10.00 25.0% TAAF State Swim Meet Entries (fee is set by TAAF) D. Visiting Leagues Red & Green league $ 5.00 $ 5.00 0.0% Blue & Gold league $ 5.00 $ 5.00 0.0% E. Family Night Swim Five person family $ 7.50 Per family $ 7.50 Per family 0.0% F. Splash Parties - 2 hours Outdoor pools 1 - 50 (Number of persons) $ 200.00 $ 200.00 0.0% 51 - 100 $ 250.00 $ 250.00 0.0% 101 - 150 $ 300.00 $ 300.00 0.0% 151 - 200 $ 350.00 $ 350.00 0.0% 201 - 250 $ 400.00 $ 400.00 0.0% 251 & up $ 450.00 $ 450.00 0.0% Natatorium 1 - 50 (Number of persons) $ 250.00 $ 250.00 0.0% 51 - 100 $ 300.00 $ 300.00 0.0% 101 - 150 $ 350.00 $ 350.00 0.0% 151 - 200 $ 400.00 $ 400.00 0.0% 201 - 250 $ 450.00 $ 450.00 0.0% 251 - 300 $ 500.00 $ 500.00 0.0% 300 & up $ 550.00 $ 550.00 0.0% 3 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z z Green wood & HEB Pools 1 - 50 (Number of persons) $ 300.00 $ 300.00 0.0% 51 - 100 $ 350.00 $ 350.00 0.0% 101 - 150 $ 400.00 $ 400.00 0.0% 151 - 200 $ 450.00 $ 450.00 0.0% 201 - 250 $ 500.00 $ 500.00 0.0% 251 - 300 $ 550.00 $ 550.00 0.0% 300 & up $ 600.00 $ 600.00 0.0% G. Swimming Pool Reservation Agreement Fees (swim teams/instruction) Lane rental 25 yard/meters per lane per hour $ 5.00 $ 5.00 0.0% 25 yard/meters pool per hour $ 40.00 $ 40.00 0.0% 50 meters per lane per hour $ 10.00 $ 10.00 0.0% 50 meters pool per hour $ 80.00 $ 80.00 0.0% H. Special Usage Fee (training room) $ 30.00 $ 30.00 0.0% I. Deposit (refundable cleanup deposit) $ 250.00 $ 250.00 0.0% J. Additional City Staff (fees do not include set up or additional lifeguards) Facility set up $ 50.00 $ 50.00 0.0% Lifeguards $ 16.00 $ 16.00 0.0% Computer Operator $ 20.00 $ 20.00 0.0% Timing Operator $ 20.00 $ 20.00 0.0% Laptop usage fee for swim meets $ 150.00 $ 150.00 0.0% K. One Timing System (for out-of-city teams) One day $ 400.00 $ 400.00 0.0% Two days $ 600.00 $ 600.00 0.0% Three days $ 750.00 $ 750.00 0.0% L. Two Timing Systems (for out-of-city teams) One day $ 525.00 $ 525.00 0.0% Two days $ 725.00 $ 725.00 0.0% Three days $ 875.00 $ 875.00 0.0% M. Swimming Pool Instruction Fees Private swim lesson '4-pack' $ 44.00 $ 65.00 47.7% Scholarship fee per session per child $ 30.00 $ 30.00 0.0% Water Aerobics $ 4.00 $ 4.00 0.0% Water Aerobics punch card $ 24.00 $ 24.00 0.0% Red Cross Classes Jr. Lifeguard Camp $ 60.00 $ 60.00 0.0% Lifeguard Classes $ 150.00 $ 150.00 0.0% Water Safety Instruction Training $ 175.00 $ 175.00 0.0% Lifeguard Instructor Training $ 175.00 $ 175.00 0.0% 4 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z z w z Section 3. TENNIS A. Annual/Semi-annual Fees Adult annual $ 160.00 $ 160.00 0.0% Adult semi-annual $ 110.00 $ 110.00 0.0% Youth annual $ 75.00 $ 75.00 0.0% Youth semi-annual $ 60.00 $ 60.00 0.0% Family annual $ 300.00 $ 300.00 0.0% Family semi-annual $ 160.00 $ 160.00 0.0% Family semi-annual plus $ 275.00 $ 275.00 0.0% Three month pass for Non -Texas residents only $ 60.00 / three mos $ 60.00 / three mos 0.0% B. Court Fees Per player (without permit) $ 3.00 $ 3.00 0.0% Per player (tennis league $ 1.80 $ 1.80 0.0% C. Civic & Corporate tournaments HEB max 22 courts $ 4.00 $ 4.00 0.0% Al Kruse max 8 courts $ 4.00 $ 4.00 0.0% D. Sanctioned Tournaments HEB max 22 courts $ 175.00 $ 175.00 0.0% Family court permit/year $ 300.00 $ 300.00 0.0% Al Kruse max 8 courts $ 90.00 $ 90.00 0.0% Family court permit/year $ 160.00 $ 160.00 0.0% School team matches and tournaments $ 2.50 $ 2.50 0.0% E. HEB Covered Court Pavilion Fees Per person Monday through Friday: 8:00 am - 5:00 pm Singles $ 7.00 $ 7.00 0.0% Doubles $ 7.00 $ 7.00 0.0% 5:00 pm - 9:30 pm Singles $ 7.00 $ 7.00 0.0% Doubles $ 7.00 $ 7.00 0.0% Per person weekends: Saturday 9:00 am - 2:00 pm Singles $ 7.00 $ 7.00 0.0% Doubles $ 7.00 $ 7.00 0.0% Sunday 1:00 pm - 6:00 pm Singles $ 7.00 $ 7.00 0.0% Doubles $ 7.00 $ 7.00 0.0% Lesson Fees: Private $ 4.50 $ 4.50 0.0% Semi -Private $ 2.25 $ 2.25 0.0% Group $ 2.00 $ 2.00 0.0% F. Lessons Private & semi -private lesson court fee $ 1.50 $ 1.50 0.0% Group lesson court fee $ 1.00 $ 1.00 0.0% Pro shop sales 5 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z w z Section 4. RECREATION CENTER RENTALS Facility rental fees below include staff supervision and cleanup Staff Utility and Building Fee $ 75.00 $ 75.00 0.0% Additional hour rate for all facilities $ 35.00 $ 35.00 0.0% Deposit for all facilities $ 100.00 $ 100.00 0.0% Non -Profit Organizations 501(C)(3) or other community organizations $ 45.00 PER HOUR $ 45.00 PER HOUR 0.0% NOTE: Fees will be charged only during non -regular hours of operations and/or conflict with regularly scheduled activities. Proof of non-profit status A. Oak Park Recreation Center hours which do not Entire Facility $ 150.00 4 HOURS $ 150.00 4 HOURS 0.0% B. Joe Garza Recreation Center Entire Facility $ 175.00 4 HOURS $ 175.00 4 HOURS 0.0% C. Oso Recreation Center Entire Facility $ 290.00 4 HOURS $ 290.00 4 HOURS 0.0% D. Lindale Recreation Center Entire Facility $ 300.00 4 HOURS $ 300.00 4 HOURS 0.0% E. Coles Gym Adult - Full Court $30.00 PER HOUR $30.00 PER HOUR 0.0% Youth - Full Court $25.00 PER HOUR $25.00 PER HOUR 0.0% Gym $150.00 4 HOURS $150.00 4 HOURS 0.0% F. Recreation centers class fee split: Specialist/City Section 5. OSO BAY WETLAND PRESERVE A. Rentals Facility rental fees below include staff supervision and cleanup Staff Utility and Building Fee $ 75.00 $ 75.00 0.0% Deposit for all facilities $ 150.00 $ 150.00 0.0% Multipurpose room, 2 hr minimum $ 25.00 per hour N Amphitheatre, 3 hr minimum $ 60.00 per hour N Wedding, 100 guests $ 2,000.00 6 hours N Birthday party -indoor, 2 hr minimum $ 25.00 per hour N Birthday party -outdoor, 3 hr minimum $ 60.00 per hour N Photography rental, 2 hr shoot $ 25.00 2 hours N Photographer permit, annual $ 75.00 annually N B. Summer Camp - M -F 8a -12p, 9-14 year olds $ 120.00 per person N C. School -oriented activity fee $ 3.00 per person N Private / Guided hike, 1-1/2 hour $ 3.00 per person N 6 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z z Section 6. PARK AND FACILITY RENTALS A. Pavilions, Watergarden and Amphitheater Rentals West Guth Pavilion $ 150.00 $ 150.00 0.0% Key deposit $ 25.00 $ 25.00 Parker Pavilion $ 100.00 $ 100.00 0.0% Watergarden $ 200.00 4 hours $ 200.00 4 hours 0.0% Artesian Park $ 100.00 4 hours $ 100.00 4 hours 0.0% Amphitheater For profit rate $ 400.00 4 hours $ 400.00 4 hours 0.0% Non-profit rate $ 250.00 4hours $ 250.00 4hours 0.0% Additional hours (Watergarden, Artesian, Amphitheater) $ 50.00 additional $ 50.00 additional 0.0% Bayfront Park ($1,000 deposit) $ 2,500.00 /4 hrs $ 2,500.00 /4 hrs 0.0% Each additional hour $ 250.00 /hr $ 250.00 /hr 0.0% B. Cultural Services Room Rentals (Galvan House) Regular Business Hours are Monday-Thursday, 9:00 to 5:00 p.m. Friday, 9:00 a.m.-2:00 p.m., Saturday, 11:00 a.m. to 2:00 p Non -Business Hours are Monday-Thursday, 5:30-midnight Friday, 2:00 p.m. to midnight; Saturday, 8:30-11:00; 2:00-midnight and all day Sunday Items marked * require an additional charge of $75 during Holiday Season for decorations. The Holiday season lasts from Thanksgiving through the first week in January. First floor of Galvan House m. $ 400.00 4 hours $ 400.00 4 hours 0.0% Meeting Rooms $ 100.00 4 hours $ 100.00 4 hours 0.0% Bridal Suite $ 100.00 4 hours $ 100.00 4 hours 0.0% Kitchen $ 400.00 4 hours $ 400.00 4 hours 0.0% Rose Garden $ 400.00 4 hours $ 400.00 4 hours 0.0% Courtyard $ 600.00 4 hours $ 600.00 4 hours 0.0% The Plaza $ 400.00 4 hours $ 400.00 4 hours 0.0% Non -business hour rentals $ 100.00 event/rental $ 100.00 event/rental 0.0% Full package: (First floor, Courtyard, Rose Garden Plaza & Kitchen) $ 1,200.00 /8 hrs $ 1,200.00 /8 hrs 0.0% Partial package: (Courtyard, Rose Garden & Kitchen) $ 800.00 /5 hrs $ 800.00 /5 hrs 0.0% Partial package: (Courtyard, First Floor & Kitchen) $ 900.00 /5 hrs $ 900.00 /5 hrs 0.0% Partial package: (First Floor, Rose Garden & Kitchen) $ 700.00 /5 hrs $ 700.00 /5 hrs 0.0% Cultural Services Room Rentals Additional Hours for Rental $ 100.00 $ 100.00 0.0% Change of Date Fee $ 75.00 $ 75.00 0.0% Change during final two weeks $ 100.00 $ 100.00 0.0% Rehearsal Fee $ 100.00 $ 100.00 0.0% Run/walk - Heritage Park (Plaza Only) $ 250.00 /4 hrs $ 250.00 /4 hrs 0.0% Each additional hour $ 50.00 /hr $ 50.00 /hr 0.0% C. Festival Fees Heritage Park $ 2,000.00 $ 2,000.00 0.0% Heritage Park [non-profit festivals] $ 1,000.00 $ 1,000.00 0.0% Commercial Photographic Session $ 100.00 $ 100.00 0.0% Non-refundable reservation deposit (applied to invoice if event is held) $ 200.00 $ 200.00 0.0% D. Historical tour fees Adults $ 6.00 $ 6.00 0.0% Children (under 12) $ 2.00 $ 2.00 0.0% E. Cooking Demonstrations $ 8.00 $ 8.00 0.0% F. City percentage of gallery sales 25% 25% 0.0% G. City percentage from caterer 10% 10% 0.0% 7 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z z Section 7. SENIOR CENTER RENTALS Facility rental fees below include staff supervision and cleanup 'Entire Facility' rate includes a 10% discount Additional hour rate for all facilities $ 55.00 $ 55.00 . 0.0% B333Set up Fee (one-time non-refundable) $ 75.00 $ 75.00 . 0.0% Deposit (required for all recreational facilities) $ 150.00 $ 150.00 . 0.0% A. Non-profit Organizations - 501(C)(3) or other community groups. Meeting space - per room $ 55.00 $ 55.00 . 0.0% Fee will be charged only during non-regular hours of operations and/or hours which do not conflict with regularly scheduled activities. Proof on non-profit status required. B. Ethel Eyerly Senior Center Small Social Hall $ 182.00 $ 182.00 . 0.0% Large Social Hall $ 248.00 $ 248.00 . 0.0% The Large Social Hall will be made available to the general public only when not in use by senior citizens groups. Senior citizens groups have priority. Entire Facility - (excluding meeting room) $ 429.00 $ 429.00 . 0.0% C. Lindale Senior Center Large Dining Room $ 248.00 $ 248.00 . 0.0% Small Dining $ 165.00 $ 165.00 . 0.0% Room 3 $ 83.00 $ 83.00 . 0.0% Library - (no food allowed in room) $ 66.00 $ 66.00 . 0.0% Patio $ 40.00 $ 40.00 . 0.0% Entire Facility (excluding pool room) $ 506.00 $ 506.00 . 0.0% D. Greenwood Senior Center Large Dining Room $ 248.00 $ 248.00 . 0.0% Small Dining $ 165.00 $ 165.00 0.0°k Patio $ 40.00 $ 40.00 . 0.0% Room #3 $ 66.00 $ 66.00 0.0°k Entire Facility (excluding pool room & Rm #2) $ 429.00 $ 429.00 . 0.0% E. Garden Senior Center Bluebonnet Room $ 292.00 $ 292.00 . 0.0% Pecan Tree Room $ 171.00 $ 171.00 . 0.0% Crepe Myrtle Room $ 121.00 $ 121.00 . 0.0% Pecan Tree & Crepe Myrtle Room combined (open partition) $ 209.00 $ 209.00 . 0.0% Patio $ 40.00 $ 40.00 . 0.0% Entire Facility (excluding Wellness Room/Saera Loeb) $ 528.00 $ 528.00 . 0.0% Resource Center) F. Zavala Senior Center Activity Room $ 200.00 $ 200.00 . 0.0% Meeting Room $ 115.00 $ 115.00 . 0.0% Entire Facility $ 280.00 $ 280.00 . 0.0% G. Broadmoor Senior Center Meeting Room $ 72.00 $ 72.00 . 0.0% Community Room $ 248.00 $ 248.00 . 0.0% Entire Facility (excluding Library Room) $ 288.00 $ 288.00 . 0.0% H. Oveal Williams Center Community Room $ 292.00 $ 292.00 . 0.0% Conference Room $ 77.00 $ 77.00 . 0.0% Classroom 1 $ 127.00 $ 127.00 . 0.0% Entire Facility - (Excluding Card Room & Arts & Crafts Room) $ 446.00 $ 446.00 . 0.0% I. Northwest Senior Center Activity Room $ 292.00 $ 292.00 . 0.0% Meeting Room $ 127.00 $ 127.00 . 0.0% Arts & Crafts $ 99.00 $ 99.00 . 0.0% Entire Facility $ 468.00 $ 468.00 1 1' . Patio $ 40.00 $ 40.00 0.0% J. Senior centers class fee split: Specialist/City (65% Specialist / 35 Sr Ctr Instruction Fee - new code Sr Ctr Instruction Fee - new code 0.0% 8 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 z z Section 8. YOUTH PROGRAM A. Summer Recreation Program (drop in) Monday - Friday, 11 a - 4p (8 weeks) Not offered Not offered 0.0% B. Spring Break Program Teen Trekkers Not offered Not offered 0.0% Xtreme Break camp Not offered Not offered 0.0% Section 9. LATCHKEY A. School Year (from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 89.00 $ 89.00 0.0% Monthly fee, each additional child $ 74.00 $ 74.00 0.0% Prorated months - 1st child $ 77.00 x 3 months $ 77.00 x 3 months 0.0% Prorated months - additional child $ 67.00 x 3 months $ 67.00 x 3 months 0.0% Monthly flat fee $ 15.00 June $ 15.00 June 0.0% Registration involving 10 school days or less $ 50.00 $ 50.00 0.0% Scholarship fee $ 50.00 $ 50.00 0.0% Daily drop in fee $ 15.00 $ 15.00 0.0% Late child pick-up (per 15 minutes) per family $ 10.00 $ 10.00 0.0% Late payment fee (after the 1st) per family $ 20.00 $ 20.00 0.0% B. Summer Latchkey Program Weekly fee per child $ 79.00 $ 79.00 0.0% Scholarship per child $ 50.00 $ 50.00 0.0% Late payment fee (after 1st business day of week) per family $ 20.00 $ 20.00 0.0% Lunch Fee (for sites NOT qualifying for FREE lunch program) $ 15.00 $ 15.00 0.0% Daily Fee $ 20.00 $ 20.00 0.0% Vacation Station per child $ 18.00 $ 18.00 0.0% Scholarship per child $ 15.00 $ 15.00 0.0% Section 10. SPECIAL SERVICES A. Permits and Miscellaneous Special Event Application Fee (non-refundable) $ 50.00 $ 50.00 Small Special Event Permit (0-500 attendees) $ 100.00 $ 100.00 0.0% Small Special Event clean-up deposit $ 250.00 $ 250.00 Medium Special Event Permit (500-1000 attendees) $ 200.00 $ 200.00 0.0% Medium Special Event clean-up deposit $ 500.00 $ 500.00 Large Special Event Permit (greater than 1,000 attendees) $ 400.00 $ 400.00 0.0% Large Special Event clean-up deposit $ 1,000.00 $ 1,000.00 Beach / Park wedding $ - $ 100.00 N B. Vendor Permits Skatepark $ 350.00 per month $ 350.00 per month 0.0% Gulf Beach Vendor (Fixed) $ 200.00 per month $ 200.00 per month 0.0% Gulf Beach Vendor (Mobile) $ 50.00 per month $ 50.00 per month 0.0% CC Beach and McGee Beach (Fixed) _ $ 150.00 per month $ 150.00 per month 0.0% CC Beach and McGee Beach (Mobile) $ 50.00 per month $ 50.00 per month 0.0% Vendors for Special Events $ 150.00 per day $ 150.00 per day 0.0% Inflatable games vendor $ 200.00 annually $ 200.00 annually 0.0% C. LaBonte Park - 3-day camping permit for designated holidays * $ 25.00 /3-day permit $ 25.00 /3-day permit 0.0% * Easter, Memorial Day, 4th of July, Labor Day Only 2 consecutive permits or 6 days / month D. Daily vehicle entry fee $2.00 /vehicle / day $2.00 /vehicle / day 0.00% Entry to community parks for Holiday weekends or special events Section 11. JUVENILE ASSESSMENT CENTER A. Urine Analysis screening for court ordered and voluntary case management "cases". $ 18.00 /each $ 18.00 /each 0.0% 9 DESCRIPTION FY14-15 PROPOSED FY15-16 Inc.> 25 Y. z ii w z Section 12. PILOT PROGRAMS The Parks and Recreation Department is authorized to implement pilot programs based on community requests and trends. Cost recovery will not exceed 40% for youth programs (excluding Latchkey.) Section 13. SCHOLARSHIP FEES Scholarships as shown are provided to youth based on financial need for program activities. Eligibility criteria is the same as used by school districts for the free/reduced-cost lunch program. Section 14. REFUND POLICY Refunds for all Parks and Recreation fees will only be processed for a period up to thirty (30) days from the date of payment. These fees and charges are effective October 1, 2015. APPROVED: September 30, 2015 Susan K. Thorpe, Assistant City Manager 10 CORPUS CHRISTI PARKS& RECREATION Parks and Recreation Proposed New and Increased Fees for FY16 Council Presentation September 15, 2015 New Fees 4 CORPUS CHRISTI PARKS& N EGA EAT ION • At h l et i cs - Vo I I eybal I team fee replaces registration by individual team members, and a Fall youth baseball season has been added. • New fees related to the Oso BayWetland Reserve will go into effect with its opening in FY16. • Categorized as a'new' fee, Beach/Par k Wedding permits have historically been treated as a`Snall qoecial event'. There is no increase in Beach/Park Wedding permits as a separate fee. Fee Increases Exceeding 25% 4 CORPUS CHRISTI PARKS& RECREATION AQUATICS A successful pilot program in our Aquatics section, `Punch card' fees have been added. Punch cards provide 11 entry fees for the price of 10. A one dollar increase to our City Championship individual registration is included. 33.3%increase Swim lessons (4 pack) were increased two years ago to $65 without any drop in participation.This resolution formalizes the increase. 47.7% increase AGENDA MEMORANDUM Future Item for the City Council Meeting of September 15, 2015 Action Item for the City Council Meeting of September 22, 2015 DATE: August 19, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Resolution authorizing the City Manager or designee to enter into an outside city limit water contract for property located at 746 Mckinzie Road. CAPTION: Resolution authorizing the City Manager or designee to enter into an outside city limits water contract with the property owners of 746 Mckinzie Road to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances. PURPOSE: The purpose of this item is to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or his designee to enter into an outside city limits water contract with the property owners of 746 Mckinzie Road located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. The water contract will be with Richard & Vicky Ranly, the owners of the property. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owners, Richard and Vicky Ranly, are currently building a home outside the city limits on property of Rowena Shaeffer Lands, 21.00 acres of Land out of a 100 Acre Tract out of B.S. & F., Lots 1 & 2, also commonly known by its street address as 746 Mckinzie Road. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction may only occur in compliance with City regulations, including construction permit requirements, as though the property were inside the City. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Not recommended OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital lig 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 LIST OF SUPPORTING DOCUMENTS Resolution with water contract Exhibit A — Water Contract Location Map Resolution Authorizing the City Manager or his designee to enter into an outside city limits water contract with Richard & Vicky Ranly to provide public water to their property located outside the city limits described as Rowena Shaeffer Lands, 21.00 Acres of Land out of a 100 Acre Tract out of B.S. & F., Lots 1 & 2; also commonly known by its street address as 746 Mckinzie Road under Section 55-111, Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or his designee to enter into an outside city limits water contract with Richard & Vicky Ranly to provide public water to their property located outside the city limits. The water contract is attached hereto and incorporated herein by reference. 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Richard & Vicky Ranly (Owners), whose address is 549 Carmel Dr., Sandia, Texas, 78383, and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Rowena Shaeffer Lands, 21.00 Acres of Land out of a 100 Acre Tract Out of B.S. & F., Lots 1 & 2; also commonly known by its street address as 746 Mckinzie Road II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of , 2015. OWNER(S): (signature line) jsignature line) , Owner , Owner STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on this the day of 2015, by LIEN HOLDER: (signature line) (Name) (Title) STATE OF TEXAS COUNTY OF NUECES § § § Notary Public, State of Texas This instrument was acknowledged before me on this the day of 2015, by (name), (Title) of (Bank Name) Notary Public, State of Texas Page 2of3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel M. Grimsbo, P.E., Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES § § This instrument was acknowledged before me on this day of , 2015, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. STATE OF TEXAS COUNTY OF NUECES § § Notary Public, State of Texas This instrument was acknowledged before me on this day of 2015, by City Manager or designee, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2015. Julian Grant Senior Assistant City Attorney for the City Attorney C:\USERS\LORIB\DESKTOP\OCL WATER -WASTEWATER CONTRACTS\OCL WATER SERVICE CONTRACT 746 MCKINZIE RICHARD RANLEY.DOC Page 3of3 Corpus Christi u 1 746 McKinzie Rd. HWY 44 kROLINJ AND MORGAN CLARKWO ALPI VE E Q J J_ F BARK 0 0.125 0.25 0.5 0.75 Exhibit "A" Miles N E u_ OREGON z a w 0 0 2 0 z a cc Site J 0 IRIS N Water Contract Location Map City Limits Date Created: 8/11/2015 Prepared By: Larry D Fisher Department of Development Services File: K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWater ContractslLondon Club Estates%Maps Projected Coordinate System: NAD_1983_StatePlane Texas_South_FIPS_4205_Feet Projection: Lambert Conformal_ Conic OCL WATER CONTRACT - 746 MCKINZIE RD w Nuts FM 893 ,,,,ti z pry I3 j �5�5 \„%5°4rh & co $ HAVEN �PR,VR Vicinity Map CR 44 OpAI% H 37 LI PAN HWY44 AGNES BEAR ▪ 9 CR 36 GR 34 -0"4Q LL 4" CA C CR 26 �4 �� cc 0 CR 28 SR ��m 4; O LL O FM 43 '�gTOCq ver cFAly CR 24 FM 665 Q ,'i to a w Ou-,-, A ��Q� O= �<A CR 20 U } Oco „ �4" 21 rn Ce CR 14A in w ▪ CR 14 i U CR 12ITECAP EXHIBIT B - OCL WATER CONTRACT - 746 MCKINZIE RD N AGENDA MEMORANDUM Future Item for the City Council Meeting of September 15, 2015 Action Item for the City Council Meeting of September 22, 2015 DATE: September 2, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 E. Jay Ellington, Director, Parks and Recreation JayEll@cctexas.com (361) 826-3476 Execute Amendment No. 1 to the Contract for Professional Services Ocean Drive Park Improvements — Swantner Park Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $113,900.00, for a total revised fee of $150,900.00 for Ocean Drive Park Improvements — Swantner Park, for design and bid phase services. PURPOSE: The purpose of this Agenda Item is to execute Amendment No.1 to the Contract for Professional Services with HDR Engineering Inc. for Ocean Drive Park Improvements — Swantner Park. BACKGROUND AND FINDINGS: The scope of this project is a part of the Ocean Drive Parks — Repairs and Improvements approved in Bond 2012 Proposition 4 which includes improvements and repairs to Swantner and Cole Park. Specific improvements to Swantner Park included installation of an automatic irrigation system and repairs to the seawall. Swantner Park's waterfront is protected by a stepped seawall approximately 2,110 feet long. The seawall sections are comprised of 40' long panels spanning between a continuous sheet pile bulkhead on the waterside and timber pilings at the landside. The City conducted field investigations and it was determined that there is severe spalling and deterioration of the surface and voids behind the seawall causing the seawall to C:\USERS\GRAN IC -1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@AC05556F\@BCL@AC05556F.DOCX collapse. HDR Engineering, Inc. of Corpus Christi, Texas was previously selected for this project and performed the initial field investigation. The field investigation included structural inspection of these panels, inspection of the soil conditions behind the concrete panels and steps, repair recommendations, and an engineer's opinion of probable cost for the recommended repairs. Each of the panels investigated showed considerable voids below the seawall. A gap between adjacent panels and the joints in the sheet pile was observed which indicates areas of instability and structural failure allowing for the erosion (loss) of sub -base support material. Sub -base support material is being loss from under the seawall because this material is able to freely pass through the joints between the concrete panels and sheet pile. These voids also caused the collapse of the sidewalk behind the seawall. To correct these discrepancies the following actions were recommended for design and construction: • Seal the concrete panel and sheet pile joints to stop support material from migrating out from underneath the seawall and sidewalk. • The existing sidewalk behind the seawall will be removed and replaced with the voids properly backfilled and compacted. Based on the field investigation, the engineer's opinion of probable cost for the subsurface and sidewalk repairs is $1,112,000. These repairs will extend the useful life of the seawall but will not correct the degradation of the concrete steps. This proposed amendment will include: Task 1: Initiation and Controls — Provide project management, reporting, scheduling, and quality control services for the tasks listed below. Task 2: Data Collection — Review existing ground conditions of the affected area as well as the surrounding site. Task 3. Final Design — Identify and select materials to fill voids below the existing seawall and design the sidewalk to replace the existing sidewalk. Task 4: Preparation of Construction Documents — Prepare drawings and technical specifications sufficient for bidding and construction of the work. Task 5: Bid Phase Services — Solicit potential bidders, participate in a pre-bid meeting, provide assistance in responding to bidder's questions, provide addendum assistance, attend the bid opening, prepare the bid tabulation, and provide a letter of recommendation for the selected bidder. ALTERNATIVES: 1. Execute Amendment No. 1 to the Contract for Professional Services HDR Engineering, Inc. as proposed. 2. Do not execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. as proposed. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. HDR Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. C:\USERS\GRAN IC -1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@AC05556F\@BCL@AC05556F.DOCX EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 $2,250,000.00 $3,000,000.00 Encumbered/Expended Amount This item $113,900.00 $0.00 $113,900.00 Future Anticipated Expenditures This Project $636,100.00 $760,340.00 $1,396,440.00 BALANCE $0.00 $1,489,660.00 $1,489,660.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: Amendment No. 1 to the Contract for Professional Services will result in the expenditure of an amount not to exceed $113,900.00 for a total contract amount not to exceed $150,900.00. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Contract for Professional Services HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation C:\USERS\GRAN IC -1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@AC05556F\@BCL@AC05556F.DOCX a CITY OF CORPUS CHRISTI AMENDMENT No. 1 to 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 HDR ENGINEERING, INC., a Texas corporation 555 N. Carancahua Ste. 1600, Corpus Christi, Nueces, Texas, 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Ocean Drive Park Improvements — Swantner Park (Project No. E14049) — Swantner Park's waterfront is protected by a stepped seawall approximately 2,110 feet long. The poor visual condition of the seawall prompted the City to perform an engineering field investigation to determine the condition of the structure. The seawall is experiencing severe spalling and deterioration of the surface along with the sidewalk behind the seawall collapsing. HDR Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFC No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. The seawall sections are comprised of 40' long panels spanning between a continuous sheet pile bulkhead on the waterside and timber pilings at the landside. The field investigation included structural inspection of these panels, inspection of the soil conditions behind the concrete panels and steps, repair recommendations, and an engineer's opinion of probable cost for the recommended repairs. Each of the panels investigated showed considerable voids below the seawall. A gap between adjacent panels and sheet pile was observed which indicates areas of instability and structural failure allowing for the loss of support material creating the sub -base voids. Sub -base support material is migrating from under the seawall because water is able to freely pass through the joints between the concrete panels causing the erosion. These voids caused the settlement of the sidewalk. In order to stop material from being lost underneath the seawall, the following has been recommended: The panel joints will be sealed to stop material from migrating out from between the joints of the panels and sheet pile. The existing sidewalk behind the seawall will be removed in order to replace the material lost and a new sidewalk will be installed. Based upon the measurements taken during the field investigation, the volumes of voids behind the panels were estimated and will be used for the procurement of the repairs. The recommended final design will identify the least expensive remedy to repair the current system and prepare the construction documents necessary to competitively procure the work. Based on the field investigation, the engineer's opinion of probable cost for the subsurface and sidewalk repairs is $1,112,000. These repairs will not correct the surface decline of the steps but will extOnd the useful structural life of the seawall. Contract for Engineering (A/E) Services Page 1 of 4 K lEngineering DataExchangelClarissaJ1Parks1E14049 - Ocean Drive Park Improvements Swantner ParklAmendment No. 111 CONTRACT PROFESSIONAL SERVICES.docx 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 Capital Programs. 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 Capital Programs 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 total fee not to exceed $113,900.00, (in Numbers), One Hundred Thirteen Thousand Dollars (in Words) for a total amount not to exceed $150,900.00 (in Numbers), One Hundred Fifty Thousand Nine Hundred Dollars (in Words). Monthly invoices will be submitted in accordance with Exhibit "C". Contract for Engineering (A/E) Services Page 2 of 4 K:lEngineering DataExchangelClarissaMarks1E14049 - Ocean Drive Park Improvements Swantner ParklAmendment No. 111 CONTRACT PROFESSIONAL SERVICES.docx 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the 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. 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 (A/E) Services Page 3 of 4 K:lEngineering DataExchangelClarissanparks1E14049 - Ocean Drive Park Improvements Swantner ParklAmendment No. 111 CONTRACT PROFESSIONAL SERVICES.docx CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. J.H. Edmonds, P.E Date Arthur B. Colwell, P.E. Date Director Capital Programs Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401-0850 (361) 696-3300 Office (361) 696-3385 Fax RECOMMENDED E. Jay Ellington Date Director of Parks and Recreation APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta, City Secretary Ocean Drive Park Imarovements (Project No. E14049 Fund Name Accounting Account Activity No Amount Unit No. Parks and Rec Bond 2012 3293-027 550950 E14049013293EXP $113,900.00 Total $113,900.00 Encumbrance No. Contract for Engineering (A/E) Services Page 4 of 4 KAEngineering DataExchangelClarissaAParks1E14049 - Ocean Drive Park Improvements Swantner ParklAmendment No. 111 CONTRACT PROFESSIONAL SERVICES.docx EXHIBIT "A" Page 1 of 12 (1 -AIN July 10, 2015 July 24, 2015 rev. 01 July 28, 2015 rev. 02 Mr. John Maggiore, PE Project Director City of Corpus Christi Capital Programs P.O. Box 9277 Corpus Christi, TX 78469 P107969 RE: PROPOSAL FOR ENGINEERING SERVICES — SWANTNER PARK FINAL DESIGN Dear Mr. Maggiore: Thank you for giving us the opportunity to submit a proposal associated with the next phase of the work required for Swantner Park. BACKGROUND Through a request by the City of Corpus Christi (City), HDR Engineering, Inc. (HDR) performed an investigation of the condition of the existing stepped seawall at Swantner Park. HDR performed the investigation and submitted an Engineering Letter Report (ELR) on June 5, 2015. The document outlined the condition of the structure and provided potential repair options (including opinions of probable project costs) for rehabilitation. Based on that information, the City requested this proposal for the fmal design services required for the void filling below the seawall and replacement of the existing sidewalk adjacent to the seawall. PROPOSED PROJECT APPROACH As requested in an email from you, dated June 29, 2015, HDR will design repairs based on Option 3: Subsurface and Sidewalk Repairs of the ELR. Option 3 includes: 1. Seal the joints of the existing concrete sheet piles to stop material from migrating into the bay; 2. Removal of the existing sidewalk; 3. Installation of fill material below the existing seawall; 4. Replace the existing sidewalk SCOPE OF SERVICES In order to provide the services requested, we propose to perform the scope of services as generally listed below and outlined in more detail in Attachment A: hdrinc.corn HOR Engineering, Inc. Texas Registered Engineering Firm F-754 555 N Caranc Suite 1600 Carpus Christ Mr. John Maggiore, PE July 28, 2015 Page 2 of 3 P107969 • Task 1: Initiation and Controls -- Provide project management, reporting, scheduling, and quality control services for the tasks listed below. • Task 2: Data Collection — Review existing ground conditions of the affected area as well as surrounding site. We will sub -contract with a local surveyor to provide a topographic survey of the area. The City will contract with a local geotechnical firm to provide sampling and testing services for the parameters required for the design of the sidewalk. HDR will coordinate with the geotechnical firm to discuss locations, depths, and required design parameters. • Task 3: Final Design — Identify and select materials to fill voids below the existing seawall and design the sidewalk to replace the existing. • Task 4: Preparation of Construction Documents — Prepare drawings and technical specifications sufficient for bidding and construction of the work necessary for the work. We will sub -contract with a local cost estimating firm to provide opinions of cost at each submittal. • Task 5: Bid Please Services -- Solicit potential bidders, participate in a pre-bid meeting, provide assistance in responding to bidder's questions, provide addendum assistance, attend the bid opening, prepare the bid tabulation, and provide a letter of recommendation for the selected bidder. PROJECT SCHEDULE Below is a preliminary schedule of permitting, design, bidding, and construction. ACTIVITY DAY COUNT* CUMULATIVE DAY COUNT* NTP from CITY 0 0 Begin Project 10 10 60% Submittal 70 80 60% CITY Review 15 95 90% Submittal 40 135 90% CITY Review 15 150 Final Submittal 30 180 *Business Days PROJECT FEES In order to accomplish the work generally described above and in more detail in the Scope of Services (Attachment A), HDR proposes to provide services on a Lump Sum Basis for a fee of $113,900. We will provide these services in accordance with the City's standard contract for A/E Professional Services. A summary of fees is shown in the table below: HDR Engineering, Inc. Texas Registered Engineering Firm F-754 0:1 Ports and Harborsl02 Project Management) Mr. John Maggiore, PE July 28, 2015 Page 3 of 3 Task 1: Initiation / Controls' $ 15,125 Task 2: Data Collection $ 2,625 Task 3: Final Design $ 18,000 Task 4: Preparation of Construction Documents $ 67,250 Task 5: Bid Phase Services $ 8,425 Sub consultants+15% Markup $ 2,475 Total $ 113,900 'Includes project management P107969 Any work outside the Scope will be done, with authorization from you, via a formal Scope Change Document, in accordance with an agreed -to lump sum fee. This proposal is valid for 45 days from the date of this document. Invoicing will be submitted on a monthly basis and a monthly status report will be included to provide a status update regarding completed progress. Thank you again for asking us to continue to help. We look forward to continuing our working relationship with you and your staff on this project. If you have any questions or require additional information, please do not hesitate to contact me at 361-696-3347. Sincerely, HDR ENGINEERING, INC. Daniel E'. .E. Project Manager j Ports and Harbors Enclosures: Attachment A — Scope of Services Attachment B — Man hour Breakdown Attachment C — Subconsultant Agreement HDR Engineering, Inc. Texas Registered Engineering Firm F-754 Arthur B. Colwell, P.E. Vice President Managing Principal ()Voris and Harbors \02 Project Management12.I EXHIBIT "A" Page 3 of 12 July 28, 2015 P107969 Attachment A - Scope of Services I. Initiation and Controls (Task 1) This work will involve general project management duties such as status reporting, scheduling of manpower and project deliverables, staff assignments, internal coordination meetings, deliverables and quality control (QC) based on HDR's pre -established QC program. HDR will prepare meeting notes, conferences and conference calls pertaining to HDR's design efforts. II. Data Gathering (Task 2) 1. Site Visits. HDR will visit the site to observe landside features and to update previously submitted information to generally reflect existing conditions to assist in preparation of the design drawings. 2. Coordination with Surveyor. HDR will sub -contract with Naismith Marine Services, Inc. to collect necessary topographic and hydrographic data for use in identifying and locating existing features and developing the site plan for the project. 3. Coordination with Geotechnical Firm. HDR will coordinate with Rock Engineering & Testing Laboratory, Inc. (RETL) to collect and test necessary soil samples to provide appropriate design parameters for the design of the sidewalk. The City will contract directly with RETL. III. Final Design (Task 3) 1. Design of Void Filling. HDR will identify and select materials to fill the voids below the existing seawall. These repairs will include the sealing of open vertical joints of the existing concrete sheet piles below the front wall cap which runs along the length of the seawall. 2. Design of Replacement Sidewalk. HDR will design the sidewalk which will replace the existing deteriorated sidewalk. It is expected the existing sidewalk will be removed to create a pathway for the placement of the fill material as void filler below the existing seawall. The sidewalk will be integrated into the existing site, including the interface with the existing parking and grassy areas. IV. Preparation of Construction Documents (Task 4) 1. Plans. HDR will prepare a single set of signed and sealed design drawings sufficient for construction of the work. The expected drawing package will include the following sheets: 1) Cover Sheet 2) General Notes and Legend 3) Existing Site and Demolition Plan 4) Existing Sections and Details 1 5) Existing Sections and Details 2 6) Overall Site Plan 7) Enlarged Plan l 8) Enlarged Plan 2 9) Enlarged Plan 3 10) Enlarged Plan 4 11) Typical Sections 1 12) Typical Sections 2 13) Typical Sections 3 14) Typical Details 1 15) Typical Details 2 16) Typical Details 3 17) Miscellaneous Sections and Details 1 18) Miscellaneous Sections and Details 2 19) Miscellaneous Sections and Details 3 2. Specifications. HDR will prepare specifications including: a. Part T - Technical Specifications City staff will provide the City's standard specifications; standard detail sheets, standard and special provisions, and forms for required contract documents. In addition, the City staff will provide the budget for the Project specifying the funds available for the construction contract. Page 1 of 2 Attachment A — Scope of Services July 28, 2015 b. Opinion of Probable Construction Cost Opinions of probable project cost will be made on the basis of HDR's experience and qualifications and represent our judgment as an experienced and qualified professional generally familiar with the industry. However, since HDR has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, HDR cannot and does not guarantee that proposals, bids, or actual project cost will not vary from opinions of probable costs submitted. If the City wishes greater assurance as to probable costs consideration should be given to retaining an independent cost estimator. 3. Meetings. HDR will participate in three pre -submittal review meetings (prior to 60%, 90%, and Final) and two (60% and 90%) formal review meetings with City staff prior to completion of the plans and specifications. V. Bid Phase Services (Task 5) For the Bid Phase the HDR will provide the following services: 1. Solicitation of Potential Bidders. HDR will assist City staff in identifying and soliciting potential bidders to provide an opportunity for contractors to participate in the bidding of this construction project. 2. Bidder Questions. HDR will address questions that may arise during the bidding process. The fee for this task assumes ten questions. 3. Pre -Bid Meeting. HDR will participate in one pre-bid meeting with City staff and interested parties held at City Hall. HDR will be available to answer questions and clarify issues that may come up based on the drawings and specifications. 4. Addenda. HDR will assist the City with the preparation of technical addenda or other revisions necessary to inform contractors of approved changes prior to bidding. The fee for this task assumes four addendums. 5. Bid Opening and Bid Tabulation. HDR will be present at the bid opening to assist City staff during the process of collecting bids to identify the potential low bidder. Following the bid opening, HDR will tabulate bids based on the bid opening information provided by City staff. 6. Letter of Recommendation. HDR will present a letter of recommendation to the City for the selection of the Contractor. Page 2 of 3 Attachment A — Scope of Services July 28, 2015 Deliverables: The following table summarizes the deliverable provided to the Ci tv as a result of this service: List of Engineering Submittals Submittal Remarks 60% Submittal Documents One electronic copy (in PDF format via email) of the drawings, specification table of contents, and opinion of probable construction costs (OPCC) at the 60% completion stage, The purpose of this submittal is to allow the City to perform a review of the work and prepare for the 60% review meeting. 90% (Pre -Final) Documents One electronic copy (in PDF format via email) of the drawings, specifications, and OPCC at the Pre -final stage. The drawings and specifications (including City -provided front end documents) will be complete. The OPCC will be in the format of the Bid Tabulation broken down into Base Bid and Additive Bid Items. The purpose of this submittal is to allow the City to perform a final internal review of the work before finalizing the contract documents and to prepare for the 100% review meeting. _. Issued -for -Bid (Final) Documents One 22"x34" (or 11"x17") unbound set of hard copy drawings, 8 Y2"x 11" unbound set of technical specifications and front-end documents, and bid form of the ISSUED FOR BIDS set, suitable for reproduction. Bid Phase Contract Items One electronic copy (in PDF format via email) of contract addenda and/or responses to questions required during the bidding phase. One electronic copy (in PDF and XLSX format via email) of the bid tabulation form. Page 3 of 3 Client Point of Contact: Mr. John Maggiore, PE Client Organization: COCC Project Name: COCC Swantner Park Final Design Project Manager (HDR): DEG Proposal Number: P107969 A. Task Description HDR Task Code PROJECT PROPOSAL SUMMARY Expenses / Reimbursables ($) Labor ($) In -House Outside with Phase Subtotals markup @ ($) 15% 1 Initiation / Controls 01 $5,000 $ - $ - $ 5,000 2 Data Collection 02 $2,617 $ - $ - $ 2,617 3 Final Design 03$17,979 $ $ 29 $ 18,008 4 Preparation of Construction Docs 04 $67,119 $ $ 115 $ 67,234 5 Bid Phase Services 05 $8,426 $ - $ - $ 8,426 6 $0 $ - $ - $ - 7 $0 $ - $ - $ - 8 $0 $ - $ - $ - Services Subtotal > $ 101,285 B. Project Contingency: C. Subconsultants Sub Fee 1 Naismith Marine Services $ 2,150.00 $ 2 $ - $ 3 $ - $ 4 $ - $ 5 $ - $ ;RAND TOTAL (PROJECT) (A+B+C) 10% > $ 10,128 15% Management Fee 322.50 Subconsultants Subtotal 2,473 2,473 113,886 tOPOSALS 209\2015\P107969 COCC Swantner Park Final Design\2.0 PROJECT MANAGEMENT AND ADMIN\2.2 Development (Marketing)\4) ProjedttEatuantallt B et Estimate\P107969 COCC Swantner PIF 07282015.xlsx Sheet 1 of 2 Client Name: Mr. John Maggiore, PE Client Organization: COCC Project Name: COCC_Swantner Park Final Design Project Manager: DEG Proposal Number: P107969 MANHOUR BREAKDOWN TOTALS: Pro'ect Labor Cost Resource Initials Hours Efficiency (%) As Work Days As Work Weeks ADH —270 DEG NKG LAS ESL DRJ 140 33 38 261 15 100% 50% 25% 25% 10% 50% 10% 68 70 17 48 65 19 14 14 3 10 13 4 Al A2 A3 A4 A5 A6 A7 A8 01 Initiation / Controls 419 3581 171 490 98 124 02 Data Collection 1395 512 392 248 03 Final Design 10044 6138 1368 04 Preparation of Construction Docs 20925 11083 3420 3136 25088 1488 05 Bid Phase Services 4883 2558 684 98 Per Staff Category COrO CD 74 CO W 0 D N .. - - 37665 - 23870 5643 3724 - 25578 - 1860 Total Hrs 32 19 116 535 55 757 Per Phase 4882 2547 17550 65140 8222 ATTACHMENT B DSALS 209\2015\P107969 COCC Swantner Park Final Design\2.0 PROJECT MANAGEMENT AND ADMIN \2.2 Development (Marketing)\4) Project Fee and Budget Estimate\P107969 COCC Swantner PIF 07282015.xlsx Page 2 of 2 W ¢ Sa BASIC SERVICES Professional Staff Prof Staff (Addtl/Duplicate Roles) Para -Professional Staff W = w — w ? W UJ S Cu — — Tu J c C .unaµa`m c' ��c oo i c� Wm o>' 'm 0050 cm W� W 6= 0 .�7 ink 1' •cV 0 511 F m o e: o 0 50 o 0 50 o 0 50 0 0 e: (q ]m i¢r a = o — o = _ F of i $114 $124 $140 $155 6171 $191 $212 $233 $253 $274 $134 $155 $176 $196 6295 $0 $0 $171 $98 $0 $0 $0 $0 $0 $83 $85 $0 $0 $98 $111 $124 $137 B1 01 Initiation / Controls - - 3 - 21 1 5 1 1 B2 02 Data Collection - - 10 - 3 4 - 2 - B3 03 Final Design 72 36 8 B4 04 Preparation of Construction Docs - - 150 - 65 - - - - - - - - - - - - 20 32 - - - - - - - - - 256 - 12 - B5 05 Bid Phase Services - - 35 - 15 - - - - - - - - - 4 1 B6 -- - - - - - - - B7-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B8-- - - - - - - - - - - - - - - - - - - - - - - - - TOTALS: Pro'ect Labor Cost Resource Initials Hours Efficiency (%) As Work Days As Work Weeks ADH —270 DEG NKG LAS ESL DRJ 140 33 38 261 15 100% 50% 25% 25% 10% 50% 10% 68 70 17 48 65 19 14 14 3 10 13 4 Al A2 A3 A4 A5 A6 A7 A8 01 Initiation / Controls 419 3581 171 490 98 124 02 Data Collection 1395 512 392 248 03 Final Design 10044 6138 1368 04 Preparation of Construction Docs 20925 11083 3420 3136 25088 1488 05 Bid Phase Services 4883 2558 684 98 Per Staff Category COrO CD 74 CO W 0 D N .. - - 37665 - 23870 5643 3724 - 25578 - 1860 Total Hrs 32 19 116 535 55 757 Per Phase 4882 2547 17550 65140 8222 ATTACHMENT B DSALS 209\2015\P107969 COCC Swantner Park Final Design\2.0 PROJECT MANAGEMENT AND ADMIN \2.2 Development (Marketing)\4) Project Fee and Budget Estimate\P107969 COCC Swantner PIF 07282015.xlsx Page 2 of 2 Naismith Marine Services, Inc. 3765 South Alameda, Suite 205 Corpus Christi, Texas 78411 (361) 945-0248 www.naismithmarine.com Scope of Work (II\ Naismith Marine Services Sea Floor Surveying July 6, 2015 HDR, Inc. Topographic Survey of the Shoreline of Swantner Park, Corpus Christi, TX The following scope of work includes surveys necessary for design: • Transects at joints spaced approximately 40' throughout the survey area. • Shots located as detailed in below sketch. • All outfalls, curbs, inlets, and surface anomalies will be tied in. • Limits are from 20' landward of sidewalk to 10' into Corpus Christi Bay • Recover and/or set survey control A detailed scope and cost estimate are included on the following pages: Survey Area Transects (Image from HDR) EXHIBIT "A" Page 9 of 12 EXHIBIT "A" Page 10 of 12 4 • A� t T r'l Kerns 5Lo.ge UV) '24 -s 0-4 k)0 LU' 6,"c,.ra Survey Methodology Topographic/Wading Survey b. USTtop, TAke LOCATG ,c- ;,1ri r . LcCAtIE !Olt TY e� AtePi4 vrtis) s tit . • ,rtor.) lam) 2- 5urt 'seta . -t4.6 <./<} a. c s, w _LS,. G, .r u 5 w i o n- its OF Le ✓-a1t)\__- Shot detail (Image from HDR) GPS-RTK will be utilized for the upland and wading portion of this survey. The upland/wading survey will extend from the inland edge of the existing sidewalk to wading depths. Survey Control Horizontal control will be obtained using GPS-RTK and conventional methods where appropriate. Vertical control will verified using GPS-RTK, static methods, and/or conventional leveling. All checks are completed using published NOAA-NGS control points. Control points used may be updated depending on access and physical condition. Horizontal Datum for this project – NAD 27 (North American Datum of 1927) Projection – Texas South Zone, US Survey feet. Vertical Datum – USACE MLT (1.0 MLT = 0.0 NAVD88) Equipment GPS-RTK— Hemisphere S320 or Trimble R8 Offshore Positioning — Hemisphere, Trimble DGPS, or GPS RTK Echo Sounder — Knudsen, ODOM CVM, or equivalent Heave compensator - GPS RTK or TSS DMS3-05 Conventional Survey equipment as required Deliverables The deliverables include: • Deliverable shall include point files, field notes, and AutoCAD file. The AutoCAD survey file shall include all survey points. Quality Control Horizontal and Vertical Control points will be checked against published NGS control points and/or GPS Static observations on control points (Typically OPUS). The data will be plotted and contoured to highlight poor RTK solutions or point data. ATTACHMENT C PAGE 3OF4 Cost Estimate Field Task Time Cost per day Estimated Cost Recover and Verify survey control % day $ 1,750 n/c Topographic Survey of approx. 52 transects along the shoreline 1 day 1,750 1,750 Sub -total Field 1 day 1,750 Office Task Time Unit Cost Cost Process topographic data, produce AutoCAD sketch and deliverables 1/2 day 800 400 Sub -total Office 1 day 400 Total Estimate $ 2,150 Estimated time to completion is 14 days from notice to proceed. The above will be billed on a lump sum basis. Weather rates are not proposed on this project as it will be scheduled on an acceptable forecast. Naismith Marine Services will coordinate with the client on any scope changes. All changes need to be approved in advance of additional work being started. Thank you for the opportunity to propose these services. 9.90.-6 )1A itliA:snat James M. Naismith, RPLS, LSLS ATTACHMENT C PAGE 4OF4 Ocean Drive Park Improvements - Swanter Park Project No. E14049 BOND ISSUE 2012 SUMMARY OF FEES Basic Services Fees Preliminary Phase Design Phase Bid Phase Construction Administration Phase Subtotal Basic Services Fees 1 2 3 4 i Additional Services Fees (Allowan Pemit Preparation ROW Acquisition Survey Topographic Survey and Parcel Descriptions Environmental Issues Public Involvement Subsurface Utility Investigation Construction Observation Services Start-up Services Warranty Phase Subtotal Additional Services Fees 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 Total Authorized Fee . Original Contract Amend No. 1 Total $37,000.00 $0.00 $37,000.00 $0.00 $103,000.00 $103,000.00 $0.00 $8,425.00 $8,425.00 $0.00 $0.00 $0.00 $37,000.00 $111,425.00 $148,425.00 ce) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,475.00 $2,475.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,475.00 $2,475.00 $37,000.00 $113,900.00 $150,900.00 Admin Approval Dec. 8, 2015 EXHIBIT "A-1" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMNIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the Director of Capital Programs with the signed agreement two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors • 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (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 insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 Insurance Requirements & Indemnification - 1 Rev. 07/29/2015 C. In the event of accidents of any kind related to this contract, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. 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. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Director of Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 D. 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: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, 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. F. 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 Insurance Requirements & Indemnification - 2 Rev. 07/29/2015 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. G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Insurance Requirements & Indemnification - 3 Rev. 07/29/2015 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 Com tete $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 TESD 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 ri TO BE ASSIGNED 13Y 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 he to .rovide the fo1lowin information. lgygiVauestItinlm tafigirlITZIMMITVs,:ga, avArerDm0 ,, All See reverse -side for- iremen s, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. 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/A Job Title and City Department (if known) 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." NamebA Title 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." Name04147 Board, Commission or Committee IState 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 �iQ Consultant EXHIBIT "D" Page 1 of 2 EXHIBIT "D" Page 2 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 I certify that all information provided is true and correct as of the date of this statement, that 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: Arthur B. Colwell, P. E. (Type or Print) MertifxingW Title: Vice President jee4t544014 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. PROJECT BUDGET ESTIMATE Ocean Drive Park Improvements - Swantner Park & Cole Park (Project Nos. E14049 & E14050) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 $3,000,000.00 FUNDS REQUIRED: Construction (preliminary estimate) 1,112,000.00 Contingency (10%) 111,200.00 Design Fees: Engineer (HDR Engineering) 37,000.00 Engineer (HDR Engineering )Amend No. 1 THIS ITEM 113,900.00 Geotechnical Study and Testing (TBD) 2,800.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $ 16,680.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) $ 111,200.00 Misc. (Printing, Advertising, etc.) $ 5,560.00 TOTAL $1,510,340.00 *ESTIMATED PROJECT BUDGET BALANCE $1,489,660.00 *Remaining funds to be used on Cole Park repairs and improvements Corpus Christi Bay Swantner Park Arm m TA 0 5 9- LOCATION MAP NOTIO SCALE -. fr"*: I` yea Ps • PROJECT LOCATION PROJECT: E14049 Ocean Drive Park Improvements Swantner Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 ‘t• Corpus Chr sti Capital Programs Ocean Drive Park Improvements Swantner Park Council Presentation September 15, 2015 Location Map 10 Corpus Chr sti Capital Programs Corpus Christi Bay • • •1. Project Scope ‘.t) Corpus Chr sti Capital Programs Project includes: • Installation of Automatic Irrigation System • Repairs to the seawall including sealing the concrete panel and sheet pile joints • Existing sidewalk will be removed and replaced Project Scheduletat4 JCorpus Chr sti Capital Programs 14 2015 2016 Dec Jan Feb Mar Apr May Jun Field Investigation Jul Aug Sep Oct Nov Dec Jan Finn Feb Mar Apr May Bid Jun Jul Aug Sep Oct Nov Dec Projected Schedule reflects City Council award in September 2015 with anticipated construction completion in December 2016. AGENDA MEMORANDUM Future item for the City Council Meeting of September 15, 2015 Action item for the City Council Meeting of September 22, 2015 DATE: August 21, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Change Order Navigation Boulevard from Up River Road to Leopard Street BOND 2012 Motion authorizing the City Manager, or designee, to execute Change Order No. 1 to a construction contract as a final settlement with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $235,000.00 for the Navigation Boulevard from Up River Road to Leopard Street project. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a change order to a construction contract with Reytec Construction, Inc., for the Navigation Boulevard from Up River Road to Leopard Street BOND 2012 project as a settlement for administrative costs. BACKGROUND AND FINDINGS: This Change Order is to settle the administrative cost as a result of the City Terminating for Convenience the Construction Contract with Reytec Construction, Inc. In July 2014, Staff recommended and City Council awarded the construction contract to Reytek Construction Resources, Inc. in the amount of $14,480,215. The contractor was administratively prepared to begin construction but was not authorized for construction pending unanticipated major changes to the scope of work. To date, no construction has occurred. C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@64055FEE\@BCL@64055FEE.DOCX This project was approved in the Bond 2012, Proposition No. 1 Street Project by the community in the general election held in November 6, 2012. Brochure description: "Navigation Boulevard from Up River Road to Leopard Street - This project includes full -depth repair and capacity expansion of the existing four lane roadway to a five lane roadway (four travel lanes and continuous center left turn lane) to conform to the A-1 Arterial designation of the current Urban Transportation Master Plan (UTMP). A wider paved shoulder will be provided as a bike route. Improvements will include curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UPMP/Integrated Community Sustainability Plan (ICSP)." Subsequent to the award, staff received word from contractors that underground utility conflicts significantly impacted the bid prices and as a result some contractors declined to submit a bid. As a result, staff engaged with the design engineer, LNV Engineering, Inc., and refinery representatives over several weeks to re-evaluate the field conditions and impacts. It is important to note that the areas surrounding the refineries present significant risk to fully identify and mitigate existing underground oil, gas, nitrogen and other industrial service lines. Many lines were abandoned over the years and some with potential leaks. During project design, the conflicts were identified, however, the criticality was that the magnitude was not fully identified until after award. It was determined that as designed, the private refinery lines were in potential conflict creating a significant risk to the project. Relocating these lines represents a potential cost of $20 Million for the City and/or Refinery pending final resolution determining easements and ROW with associated responsibility. Based on these factors and particularly the criticality of two active lines supporting Valero operation, staff initiated a comprehensive Value Engineering (VE) process to minimize or eliminate the conflicts. This primarily consisted of re-evaluation underground utilities including the large diameter drainage culverts. A separate contract using a more accurate 2-D modeling technique was used to identify existing flooding conditions with existing system capacity and future requirements and alternatives. Based on the modeling, it was determined that there were other alternatives to meet future drainage requirements and that the lesser improvements could be provided to improve the existing system and drainage. No known flooding exists to structures and businesses. With these determinations, LNV was tasked to redesign the Storm Water drainage improvements eliminating major expansion of the drainage system that was conflicting with Refinery pipelines. The contractor, Reytec Construction Resources, Inc., was provided the opportunity to evaluate and negotiate changes within the existing contract. However, after weeks of discussions and meetings, it was concluded that no agreement could be reasonably meet within the existing terms of the contract and therefore the contract would have to be terminated and re -advertised. The following is a timeline summary of the project: • May 21, 2014 — Project Bid date; • July 29, 2014 — City Council Construction Contract Award; • August 2014 — Valero Pipeline relocation issue emerged; • September to October 2014 — Initial project redesign discussions and re-evaluations; • November 2014 thru January 2015 — Value Engineering alternatives evaluated to reduce cost and risk with major underground refinery utilities to include detailed modeling for existing and future drainage evaluations to revise proposed project drainage requirements; • January 2015 — Final determinations made to reduce drainage to upgrade current system to meet all current flows and any additional flows from the project in addition to other VE determinations; • January to February 2015 — Construction plans (design) changed to accommodate reduced drainage system improvements and other reductions; • February 2015 — Revised drawings presented for review to Reytec • March to April 2015 — Negotiations attempted with City Staff and Reytec • April 2015 — Negotiations discontinued with recommendations for Re -Bid • May 2015 — Additional request for revised pricing was requested from Reytec for a best and final C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@64055FEE\@BCL@64055FEE.DOCX offer • June 2015 — Revised proposal was received, reviewed and determined by Staff to not be in the best interest of the City. • June 18, 2015 — Council was notified of the Termination for Convenience and re -bid of the construction contract. ALTERNATIVES: 1. Authorize execution of a change order to a construction contract. 2. Do not authorize execution of a change order to a construction contract. (Not Recommended) OTHER CONSIDERATIONS: This project will be re -packaged, re -bid and a new construction contract will be presented to Council for approval. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction change orders. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $792,350.00 $12,236,091.94 $0.00 $13,028,441.94 Encumbered / Expended Amount $792,350.00 $ $0.00 $792,350.00 This item $0.00 $235,000.00 $0.00 $235,000.00 Future Anticipated Expenditures This Project $0.00 $1,486,129.23 $0.00 $1,486,129.23 BALANCE $0.00 $10,514,962.71 $0.00 $10,514,962.71 Fund(s): ST 17 RECOMMENDATION: City staff recommends this change order as a settlement with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $235,000 for the Navigation Boulevard from Up River Road to Leopard Street BOND 2012 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@64055FEE\@BCL@64055FEE.DOCX PROJECT BUDGET ESTIMATE Navigation Boulevard from Up River Road to Leopard Street BOND 2012 PROJECT FUNDS AVAILABLE: Street CIP (Bond 2012) $ 6,627,254.73 Water CIP 811,412.21 Wastewater CIP 897,500.00 Storm Water CIP 4,578,275.00 Gas CIP 114,000.00 TOTAL $ 13,028,441.94 FUNDS REQUIRED: Construction Settlement (Reytec) 235,000.00 Construction Materials Testing Agreement (Rock) 124,088.00 Land Acquisition 106,709.30 Construction Inspection (AGCM, Inc) 296,172.00 Engineer Fees: * Engineer (LNV, Inc.) (Original and 2 Amendments) 1,087,057.00 Engineer (Lockwood, Andrews, Newnam, Inc.) 48,275.00 Engineer (L. Gurley) 12,498.75 Engineer (RH Shakelford) 8,541.50 Geotechnical Study & Testing (Rock Engineering) 24,000.00 Reimbursements: Contract Administration (Capital Programs, Capital Budget, Finance) (1°/0) 130,284.42 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) (3.0%) 390,853.26 Misc. (Printing, Advertising, etc.) 50,000.00 TOTAL $ 2,513,479.23 ESTIMATED PROJECT BUDGET BALANCE $ 10,514,962.71 *Engineering Contract approved by City Council on 1/29/13 by Motion M201312 Navigation Boulevard (Up River Road to Leopard Street) Bond 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 ‘t• Corpus Chr sti Capital Programs Navigation Boulevard from Up River Road to Leopard Street (BOND 2012) Council Presentation September 15, 2015 Site Map Corpus Chr sti Capital Programs 2 Project Scope 111L*4 Corpus Chr sti Capital Programs Navigation — Up River to Leopard ✓ Concrete street pavement with underground utilities (Storm water, Water, Wastewater and Gas) ✓ New curb & gutter, sidewalks, and ADA ramps ✓ New signals at Up River and Leopard ✓ Other misc. improvements ✓ Awarded to Reytec Construction Resources in July 2014 for $14,480,215 Project Status Corpus Chr sti Capital Programs • Construction Contract Awarded on July 2014 for $14,480,215 • Construction Contract "Terminated for Convenience" in July 2015 ➢ Termination was due to major scope reductions associated with the underground Stormwater lines and conflicts with Refinery Lines ➢ Utility conflicts warranted significant Value Engineering and resulting in a scope revisions with an estimated approximate cost reduction of over $6 Million ➢ Extended negotiations were attempted with no reasonable agreement and the determination to re -bid the project ➢ The impact and depth of the utility conflicts were not known until after award ❖ The project will be rebid in October 2015 with anticipated award in January 2016 Project Timeline twitC14 Corpus Chrsti Capital Programs May 21, 2014 — Project Bid date; July 29, 2014 — City Council Construction Contract Award; August 2014 — Valero Pipeline relocation issue emerged; September to October 2014 — Initial project redesign discussions and re-evaluations; November 2014 thru January 2015 — Value Engineering alternatives evaluated to reduce cost and risk with major underground refinery utilities to include detailed modeling for existing and future drainage evaluations to revise proposed project drainage requirements; January 2015 — Final determinations made to reduce drainage to upgrade current system to meet all current flows and any additional flows from the project in addition to other VE determinations; January to February 2015 — Construction plans (design) changed to accommodate reduced drainage system improvements and other reductions; February 2015 — Revised drawings presented for review to Reytec March to April 2015 — Negotiations attempted with City Staff and Reytec April 2015 — Negotiations discontinued with recommendations for Re -Bid May 2015 — Additional request for revised pricing was requested from Reytec for a best and final offer June 2015 — Revised proposal was received, reviewed and determined by Staff to not be in the best interest of the City. June 18, 2015 — Council was notified of the Termination for Convenience and re -bid of the construction contract. Project Schedule Corpus Chr sti Capital Programs 2013 2014 2015 Q1 Q2 Q3 Q4 Q1 Design Q2 Q3 Bid Q4 Q1 Q2 Construction Q3 Ter Pe Conve ence Q4 Re Bid 2016 2017 IJan lFeb IMar lApr IMaylJun kul AugSepOct lNov IDec IJan IFeb IMarl Construction Project Estimate: 450 Calendar Days 15 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of September 15, 2015 Action Item for the City Council Meetina of September 22. 2015 DATE: TO: September 4, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager GustavoGoAcctexas.com (361) 826-3897 Valerie H. Gray, P.E., Executive Director of Public Works ValerieG(a�cctexas.com (361) 826-3729 FROM: Jeffrey Edmonds, P. E., Director of Capital Programs JeffreyE(a�cctexas.com (361) 826-3851 Approval of Professional Services Contracts Capital Programs Staff Augmentation CAPTION: Motion authorizing the City Manager, or designee, to execute Professional Services Agreements (PSAs) totaling in the amount of $2,596,695 to provide necessary staff augmentation to the Capital Programs Department. PURPOSE: The purpose of this Agenda Item is to award PSAs to various NE consultants in order to provide engineering services in support of the Capital Programs Department. BACKGROUND AND FINDINGS: Capital Programs has historically used a blend of in-house and contracted staff resources to accomplish its mission of keeping projects on schedule. Capital Programs is charged with the procurement of professional engineering, architecture and construction services related to execution of the Bond and Capital Improvements Programs. Currently, 367 active Capital Improvement and Bond Projects are in the planning, design, bid/acquisition, construction and closeout phases with a total current project workload value of approximately $380 Million. The projects include streets, utilities, buildings, parks & recreation facilities, Marina, American Bank Center, Seawall, CCIA and other areas of the City system. 1 The Department of 73 FTEs currently has 24 vacancies: a 33% vacancy rate. Of the 24 vacancies, 20 (83%) are directly associated with the Project and Construction Management groups. The Project Management group is at a 58% vacancy rate and Construction Management has a 41% vacancy rate. The Department has had limited success in filling vacant positions, primarily due to an inability to compete in the market place with private sector. Key positions such as Major Project Engineer and Construction Inspection have remained vacant for more than six months because of limited qualified applicants and recent offers to applicants have been declined as a result of the positions' pay scales. Because of these recruiting difficulties as well as increased staff demands, Capital Programs has supplemented its vacancy rate on a short term basis with contracted experienced professional resources. These resources do City work that is not project specific. As well, 7 professionals provide upper management services such as construction management and plan review, services for which no FTE position exists. Several of these staff augmentation contracts are currently expiring and require renewal to maintain conformance with published schedules. Large contracts are needed in order to maintain these services while recruiting efforts continue. This item is seeking approval of multiple time and material contracts for not -to -exceed amounts for professional services in support of Capital Programs projects currently underway as well as projects scheduled to begin during the upcoming year. The total not -to -exceed amount of the PSAs (approximately $2.6 Million) represents less than 1% of the total $380 Million total Capital Programs current total project workload value and equates to approximately twelve months of support. The recommended list of consultants to provide staff augmentation services is as follows: Contractor # of Positions Contract Amount R H Shackleford 7 $1,262,087 Freese & Nichols 2 $363,168 AGCM, Inc. 2 $428,480 Naismith Engineering 1 $162,240 Linda Gurley 1 $141,440 L J A (formerly RVE) 1 $88,920 Vicki Marsden 1 $87,360 ECMS, LLC 1 $63,000 TOTAL 16 $2,596,695 The staff procured through the staff augmentation contracts will be managed in a very similar fashion to City Employees. The augmentees are expected to maintain regular business hours on their assigned days of work and to complete required deliverables in the same fashion as a City Employee performing in the same capacity. For example, Project Managers will enter project data and metrics into the Engineering project management database, EPM Live, and Construction Inspectors will complete daily reports on standard City forms. Plan reviewers will complete design review checklists and comment sheets that are submitted to Project Managers when reviews are completed. ALTERNATIVES: 1. Authorize execution of the Professional Services Agreements. 2. Do not authorize execution of the Professional Services Agreements. (Not Recommended) 2 OTHER CONSIDERATIONS: Staff will, during the term of these PSAs, evaluate and amend current recruiting strategies in order to increase the success rate on filling department vacancies. The Capital Programs Department will also undergo an operational assessment with a goal of using the results to improve department operations. CONFORMITY TO CITY POLICY: This conforms to city policy for procurement of professional services. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs Department FINANCIAL IMPACT: X Operating ❑ Revenue XCapital ❑ Not applicable Fiscal Years 2014 - 2015 Current Year 2015 — 2016 TOTALS Line Item Budget Encumbered/Expended Amount This item $2,596,695 $2,596,695 Future Anticipated Expenditures BALANCE Fund(s): Street & Utility CIP and Capital Programs Operational Comments: Contractor services will be charged to various projects in accordance with hours worked in support of each project. RECOMMENDATION: City staff recommends that execution of the PSAs to augment Capital Programs staff be approved. LIST OF SUPPORTING DOCUMENTS: Professional Services Agreements 3 41111.° Corpus Chr sti Capital Programs Capital Programs Staff Augmentation Council Presentation September 15, 2015 Project Risk In Project Management Presented To Council - February 2015 Corpus Chr sti Capital Programs Actions Taken: • Identified risks to projects based on industry ideal for number of projects a Project Manager should manage MName mber of Projects unding for Projects Mean January 2014: 8 FTE Project Managers Current: 3 FTE & 3 PT Project Managers Future Actions: Total Construc ion Cost Tat uPlus Reimburables Labor usrReimbursables/Construction< st Percentage 0% TIME PROJECT/PERI/PEEK Allorated Hou rs Per W ek Per Protect Allocated Minutes Per Day Per Project HourConstructionCostPer 00,10616800 Cost Per Minute WRisk) (RISK) Grace G Jamie P James H Daniel D John Will B(CDBG) Grace M Alex B 34 22 83 38 50 13 5120,848,200.00 $16,109,734.08 $5 7 7.00 9331,320,500.00 $43,635000.00 5231,937.00 513,600,000.00 $7,497,500.00 $3,554,358.82 5732,260.64 56 0.20 $8,718,960.53 $4,848,333.33 $182,984.25 5272,000.00 5576,730.77 918,127,230.00 92,416,460.11 580,660, $49,698,075.00 96,54 250.00 590,636,150.00 512,082,300.56 $403,302,2 5248,490,375.00 532,726,250.00 5109,790.55 92,040,000.00 91,124,625.00 9548,952.75 910,200,000.00 95,623,125.00 9604,241.00 94,229,687.00 97,250,892.00 9120,848,200.00 990,636,150.00 94,833,928.00 90.05 980,548.67 92,688,681. 9563,840.69 918,820,769. 91,656,602.50 921 175.00 31, 506,217 50 91,527 225.00 Grace G 1.2 71 53 021205.00 550.353.42 • Aggressively recruit good talertt'maleprojetts perPM perweek (Shrs= day per protect) x optimal=16 Prot.,. per PM • Fill vacant positions xnPbmal-26 aromas per PM • Pursue external sources to supe 4 i 00 PM critical positions as workload increases Over utilized Over utilized Over utilized $13,443,406.68 At Risk Per Hour For Project Manager (Streets) Due To High Workload 93,659.69 925,617.80 943,916.22 675.00 9662,402.99 250.00 400.00 90.05 968,000.00 9476,000.00 9816,000.00 912,308,000.00 9548,952.75 910,200,000.00 529,277.48 9544,000.00 90.05 90.05 $37,487.50 9262,412.50 5449,850.00 96,785,237.50 95,623,125.00 9299,900.00 90.05 267 875.00 181.25 Will 13 KCMG) 600 918 304.97 Grace PA 5340 0.000.00 Alex B 3. 51 7.50 53,123.96 or l00% utilization 3% -113% 1% 9446 6% 79% 21% G. 3996 96% -196% 44% 32, 10%� 25% 75% 89% 75% 8696 179. 19% 46. 541-95 36% 64% Baseline Audit — Vicki Marsden. Workload 41Ali Corpus Chr sti Capital Programs ➢ $380M in current project workload value ✓ Includes $190M FY2016 CIP Proposed Budget ✓ $190M previously approved for projects ✓ Does not include projects requested by operating departments ➢ Currently managing 367 active projects ✓ In design, bid, or construction status ✓ Bond 2004, 2008, 2012, 2014 Projects ✓ Utility Projects ✓ Facilities Projects ✓ Other Client Department Projects Problem 41Ali Corpus Chr sti Capital Programs ➢ Staffing Resources: ✓ 33% Vacancy Rate (24 of 73 FTEs) o 20 Vacancies in Project & Construction Management o 4 in other department functions ✓ Key positions vacant more than 6 months o Major Project Engineers o Construction Inspectors ✓ Constraints: o Cannot compete with outside market Temporary Solution 41Ali Corpus Chr sti Capital Programs Contracted Services: ➢ Existing - ✓ Began contracting staff augmentation for vacant positions ✓ Contracted personnel perform in the role of vacant positions ✓ Increased workload necessitated addition of resources ➢ Proposed - ✓ Vacancy rate has not improved for key positions ✓ Additional contract resources allows for continued work on active projects at existing level of service ✓ Upcoming project implementations require increased resources Department Vacancy Rates Corpus Chr'sti Capital Programs Department Summary 19 — Proj. Mgmnt. 22 — Constr. Mgmnt. 32 — Support, Land Aco., Survey 73 — Total Dept. Total Dept Project Mgmnt. Construction Mgmnt Support, Land Acq., Survey FTEs 73 19 22 32 Filled 49 8 13 28 Vacancies 24 11 9 4 Vacancy Rate 58% 41% 13% Contract Staff 14 9 4 1 Department Summary 19 — Proj. Mgmnt. 22 — Constr. Mgmnt. 32 — Support, Land Aco., Survey 73 — Total Dept. Staff Augmentation 41Ali Corpus Chr sti Capital Programs ➢ Proposed contracts total < 1% of current project workload value ➢ Charged directly to projects Existing Proposed 8 Contracts 8 Contracts Total Value: ^' $1 Million Total Value: ^' $2.6 Million* Short Term (Not to Exceed): Typically ^' 3 months Fewer hours/week Large Contracts (Time & Material): 12 Month Term More full-time or higher hours / week Not project specific Not project specific Provide 14 contract positions to cover vacancies and critical functions on part-time basis Provide 16 contract positions to cover vacancies and critical functions on part-time & full-time basis *Not -to -Exceed number — City will only pay for hours worked. Next Steps Corpus Chr sti Capital Programs SHORT TERM STRATEGIES: LONG TERM STRATEGIES: ➢ Continue contracted staff augmentation to maintain existing level of service ➢ Perform operational assessment V Validate previous assessment ➢ Continue to work aggressively to fill positions ✓ Determine gaps in scope ✓ Evaluate alternatives ➢ Prepare for further department ✓ Recommend improvement options operational assessment ➢ Explore strategic outsourcing ➢ Assist in development of improvement opportunities strategies ➢ Implement continuous improvements ➢ Continue to strive to perform Core Mission — "Manage & Execute Projects on Time and on Budget" Staff Augmentation Corpus Chr sti Capital Programs Questions? 9 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 15, 2015 Action Item for the City Council Meeting of September 22, 2015 DATE: August 31, 2015 TO: Ronald L. Olson, City Manager FROM: Belinda Mercado, Chief Information Officer BMercado@cctexas.com (361) 826-3732 Upgrade Kronos Time Reporting System to Version 8 CAPTION: Resolution authorizing the City Manager, or designee, to execute a conversion implementation agreement and a 36 -month hosting services agreement with Kronos for a combined total of $366,421.78, ($118,394.76 annually for three years and a one-time cost of $11,237.50) to upgrade the existing Kronos time reporting system, with the hosting agreement to renew annually subject to sufficient appropriations and payment of hosting fees. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. PURPOSE: To upgrade the Kronos system to Version 8 and utilize Kronos hosting services which enables improved support, disaster recovery services, reporting capabilities, and data transfer to and from the Infor Payroll application. BACKGROUND AND FINDINGS: On July 25, 2000, City Council authorized the purchase of the Kronos time management system. The system was purchased to capture employee time and now is interfaced with our current Infor Payroll module and utilizes 85 time clocks throughout the city. The City is currently operating on Kronos Version 6 which has limited support and is installed on aging hardware that must be replaced. Kronos, Inc. is encouraging their customers to move to a hosted environment by waiving the professional services cost to perform an upgrade to their hosted platform if an agreement is approved by September 30, 2015 (valued at a price of $26,000) and providing 19 clocks (valued at $47,000). Moving to a hosted solution will result in the decommissioning of 5 servers. In addition, future software upgrades will be managed by Kronos as part of the hosting agreement which is included in the annual cost. KRONOS, Inc. is the sole provider of this upgrade service and licensing. In accordance with Local Government Code 252.022(a)(7)(D), this is a sole source procurement. ALTERNATIVES: Not upgrade the Kronos application. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms to City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Legal Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditure Current Year Future Years TOTALS Line Item Budget $4,738,608.42 $4,738,608.42 Encumbered / Expended $3,517,294.94 $3,517,294.94 This item $129,632.26 $236,789.52 $366,421.78 BALANCE $1,092,681.22 $854,891.70 Fund(s):5210 Comments: Funds are available in the Municipal Information systems Department FY2014-2015 budget. Funding will be requested during the normal budget process for all future years. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Kronos Conversion Upgrade Resolution City of Corpus Christi - SaaS Conversion Order Form City of Corpus Christi — SaaS Terms and Conditions City of Corpus Christi — SaaS Conversion - Educational Services City of Corpus Christi — SaaS Conversion — No Charge Resolution authorizing the City Manager, or designee, to execute a conversion implementation agreement and a 36 -month hosting services agreement with Kronos for a combined total of $366,421.78, ($118,394.76 annually for three years and a one-time cost of $11,237.50) to upgrade the existing Kronos time reporting system, with the hosting agreement to renew annually subject to sufficient appropriations and payment of hosting fees. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. WHEREAS, the City purchased a time reporting system, application modules, and related software manufactured by Kronos, Inc., in 2007; WHEREAS, the current system's software and application modules need to be upgraded to improve compatibility and functionality with the Infor system recently implemented by the City; WHEREAS, the upgrade will also require that the system be converted to a hosted services platform to enable improved system support, disaster recovery services, reporting capabilities, and data transfer across the system; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there are three applicable statutory exceptions for this procurement, as follows: Local Government Code, Sections 252.022(a)(2), (a)(4), (a)(7)(A), and (a)(7)(D), as items available from only one source due to copyrights and as captive components for existing equipment, to preserve or protect the public health or safety of the municipality's residents, and necessary professional services for the direct imple- mentation of the procured items. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute a conversion implementation agreement and a 36 -month hosting services agreement with Kronos, Inc., for a combined total of $366,421.78 in order to upgrade the existing Kronos time reporting system, such upgrade to include professional information technology services for the conversion, the purchase of additional compatible modules and installation of same, and conversion of the system to a hosted platform. Following the expiration of the initial 36 -month term of the hosting services agreement, the agreement may be renewed annually subject to sufficient appropriations and payment of the required hosting fees. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn 4 KRONOS Creation Date Prepared By 0111 To: 29-Apr.2015 Sotutlon ID- Primary Contact Name; Primary (Mart Phone: Primary Contact Email: Currency- Customer Poe Initial Term: Renewal Term: Billing Start Date-. Attention: Tracy Andreadls Oty of Corpus Christi 1201 Leopard, MIS Dept, 4th Floor Corpus Christi, TX 78401 6009003 Tracy Andreadls 361626.3149 tracyapccteaas.com USO 36 Months O ,e Year O 111 of execution of this document by both parties Expiration Date: Order Type Ship To: License Email: FOB: Ship Method: Freight terms: Payment Terms: DetaCenter Location: (ronos Contact Information: Upgrade Order Form 30 -Sep -2015 Attention: David Trevino City of Carpus Christi 1201 Leopard Street Oty Hall Basement MIS Corpus Christi, TX 76401 excepQgL+P 4 ronos-carr] Shipping Point Fedex Ground Prepay & Add N30 US Kronor InCarporated 297 Billerica Road Chelmsford, MA 01924 978-947.4800 PERPETUAL TO SAAS CONVERSION TABLE Billing Frequency: Annual in Advance Part a Module Monthly / License Count PEPM Scn.hcc Fre Perpetual License to SaaS Conversion Monthly Simko Fee N/A N/A 57,879.03 Workforce Timekeeper Converted license 3,300 50.00 5040 Workforce Manager Converted License 100 50.00 50.00 Workforce Integration Manager Converted License 3.300 $0.00 50.00 Included 5000 50.00 included 50.00 50.00 Total Monthly Application Fee $7,679.03 FUTURE CAPACITY ADD PER EMPLOYEE RATES (Fore period of 3 years horn the date of this Order Form}, Customer may purchase additional employee capacity far the Applications ret forth herein at the fo owing prices, Part 1 1 Module Workforce Timekeeper Workforce Manager PEPM 53 71 51 44 Workforce Employee Included Workforce Manager WORKFORCE TELETIME IP, BASE SYSTEMS UNESL Included 51,:A':2:01 Workforce integration Manager Included Workforce Mobile Employee Included Workforce Mobile Manager included 50.00 INCREMENTAL MODULES/CAPACITY ABOVE CONVERTED LICENSE COUNT BlllingFreauenctF: AnnualInAdearr Pana / Module License Count PEP rd MCn Lfdy Servire Fcc Workforce Manager 5 51 44 57.20 50.00 WORKFORCE TELETIME IP, BASE SYSTEMS UNESL 51,:A':2:01 51.950.00 50.00 50.00 50.00 50.00 ......_....._. __ ...__...—_— _ ToUIMonthly Application Fee 51.967.21) • ng Frequency: Annual In Advance Additional Add On Services fluart.ty Monthly Fec IP:: Qty} Tota] Monthly Service Fcc RENTAL EQUIPMENT B illing Frequency: Annual in Advance Total Monthly Se slew Fee 51 C SOHO Part u / Erw7rnent Rental quantity Per Una Rale Monthly 5ervicc FCC PURCHASED EQUIPMENT 11609000-02B Kronor InTauch 9000 H3. Standard. KR 9/C B illing Frequency: Invoked upon signature of the Order Form Total Mordhly Service Fee 50 c.7 Saxe SOHO 50 co PURCHASED EQUIPMENT SUPPORT B illing Frequency: Invoiced upon signature of the Order Farm UNLESS OTHERWISE NOTED ABOVE EQUIPMENT SUPPORT SERVICES HAS BEEN DECLINED CLOUD SERVICES B illing Frequency: Annual In Advance Total Equipment Purchased kerns SOaC 50.00 Total Equipment Purdhared Support Sam 50.00 Cloud Scrm:cs Part a f 5erv�:c Quantity Urn! Roic India! Monthly Service Extended Monthly Tcrm Fcc Pcr 01 I Servi:e Fcc Total Monthly Services Fee 5000 PUOFLSSIOI,.L AND 0GUCATIONAc :SERVICE_ is Billing Frequency: Monthly In Arrears as Oetivered ro ess ona crvices Part 7 / Service Offering Hours Rate Role Total Price 9990113•PRO PROFESSIONAL SERVICES WORKFORCE TELETIME IP 11 5185.00 Third Party Provider 52.033 00 9999002-SEV Pro Sura WFC Seal Maintenance Conversion 24 50.00 Project 50.00 9999002-SEV Pro Svcs WFC SaaS Maintenance Conversion 25 50.00 AppBcetlonant C Consunsu ltCant 5000 9999002-SEV Pro Svcs WFC SaaS Maintenance Conversion 77 50.00 Technology Consultant 50,00 50.00 50.00 Total Professional Services $2,035.00 8602748-001 KnowkdpePass n Fr •uency: Invoiced upon signat re of the Order Form Billing Frequency: invoiced upon signature of the Order Form 50.00 Training Points Quantity Unit Prise Total Price 9999716.2 WTK TTT- 1501.2500 (1 participant) BAYG•ILT - 818-As-You•Go Instructor Lead Training I.500 50.90 51,350.00 4,I00 50.90 51690.00 MISC ELL ANEOu s PURL HASE5 Billing Frequency: Invoked upon signature of the Order Form Part a / Item 5609001-001 North America Power Kit For Mount Over Outlet - InTouch STD Total Professional and Educational Services 50.00 511,237.50 quant 117 Unit Price $0.00 SUMMARY )kering Types Fatal Monthly Fees (Application / Add-on Services / Equipment Rental / Cloud Services) Total Price 50.00 50.00 $0.00 Summary Total Professional & Educational Fees (Time & Materials) Equipment Purchased & Support 59.866.23 511,23730 Miscellaneous Purchased Items 50.00 50.00 Order Notes: Future Opacity and Opacity Added above Converted license counts will be added via the Timekeeper bundle, which Includes: Workforce Timekeeper, Workforce Manager 1.10 Ratio, Workforce Employee, Workforce Integration Manager, Workforce Mobile Employee, Workforce Mobile Manager. The costa of any individual Application(1) Induded In the Timekeeper Bundle (1, e, Workforce Manager) will be set forth ona mutually agreed upon Order Form based on Kronas' then current list price. Customer agrees that In consideration of the foregoing and discounted pricing, and other good and valuable consideration, the receipt and sufficiency of which Is hereby ar knowledged, Customer Is giving up its right to um Customer's existing Kronor Workforce Central software ona perpetual basis. Customers existing Kronor Workforce Central software will remain In effect and subject to the license and maintenance agreement for such software for a period of (ninety (90) days) from signature of this document by both parties, at which time Customers license In such software shall terminate The Kronor Workforce Central Software as a Service Terms and Conditions as agreed upon by Customer and Kronas apply to the WFC Applications set forth on this order As of the Billing Start Date, Kronor will credit any pre -paid but unused fees for support and maintenance for such perpetual software licenses to be applied against amounts owed by Customer to Kronor hereunder until such pre -paid but unwed lees are expended City of Corpus Christi Signature: Name: Title: Effective Date: ley. 02022015 Approved as to form: Assis, tCityAtto e a For City Attorney Kronor Signature Name: ¥ M I? Tits: iNoe, Effective Date: I 10 e vert CY Yirrgr WORKFORCE CENTRAL - SOFTWARE AS A SERVICE TERMS AND CONDITIONS City of Corpus Christi (the "Customer") and Kronos agree that the terms and conditions set forth below shall apply to the Kronos supply of the commercially available version of the Workforce Central SaaS Applications in Kronos' hosting environment, the services related thereto, and the sale or rental of Equipment (if any) specified on a Kronos Order Form. The Applications described on the Order Form shall be delivered by means of Customer's permitted access to the Kronos infrastructure hosting such Applications. 1. DEFINITIONS "Agreement" means these terms and conditions and the Order Form(s). "Application(s)" or "SaaS Application(s)" means those Kronos software application programs set forth on an Order Form which are made accessible for Customer to use under the terms of this Agreement. "Billing Start Date" means the date the billing of the Monthly Service Fees commences as indicated on the applicable Order Form. Notwithstanding, Implementation Services provided on a time and material basis are billed monthly as delivered. The Billing Start Date of the Monthly Service Fees for any Services ordered by Customer after the date of this Agreement which are incremental to Customer's then -existing Services shall be the date the applicable Order Form is executed by Kronos and Customer. "Cloud Services" means those services related to Customer's cloud environment such as infrastructure, equipment, bandwidth, server monitoring, backup services, storage area network (SAN) services, security services, system administration, connectivity services, performance tuning, update installation and maintenance services related thereto. Cloud Services are described as set forth at: hum ' www.kronos.com/nroducts,workforce-central-cloud loud-guidelines.asnx "Confidential Information" means any non-public information of a party or its Suppliers relating to such entity's business activities, financial affairs, technology, marketing or sales plans that is disclosed pursuant to this Agreement and reasonably should have been understood by the receiving party, because of (i) legends or other markings, (ii) the circumstances of disclosure or (iii) the nature of the information itself, to be proprietary and confidential to the disclosing party or its Suppliers. "Customer Content" means all content Customer, or others acting on behalf of or through Customer, posts or otherwise inputs into the Services. "Documentation" means technical publications published by Kronos relating to the use of the Services or Applications. "Equipment" means the Kronos equipment specified on an Order Form. "Implementation Services" means those professional and educational services provided by Kronos to set up the cloud environment and configure the Applications. Unless otherwise set forth on an Order Form as "a la carte" services (supplemental fixed fee, fixed scope services) or "bill as you go" services (time and material services described in a Statement of Work), Kronos will provide, as part of the Monthly Service Fee for the Applications, the fixed fee, fixed scope Implementation Services described in the Services Implementation Detail set forth at: www.kronor.com/products/workforce-central-saas/implementation- guidlines.aspx "Initial Term" means the initial term of the Services as indicated on the Order Form. "KnowledgePass Content":"KnowledgePass Education Subscription" have the meanings ascribed in Section 7.5. "Minimum Contract Value" means the total of all Monthly Service Fees to be invoiced during the Initial Term or a Renewal Term, as applicable. "Monthly Service Fee(s)" means the monthly fees described in an Order Form. Monthly Service Fees include fees for usage of the Applications and the Services, Cloud Services as applicable, and Equipment rental, if any. Billing of the Monthly Service Fee(s) commences on the Billing Start Date. "Order Form" means an order form mutually agreed upon by Kronos and Customer setting forth the items ordered by Customer and to be provided by Kronos and the fees to be paid by Customer. "Personally Identifiable Data" means information concerning individually identifiable employees of Customer that is protected against disclosure under applicable law or regulation. "Renewal Term" means the renewal term of the Services as indicated on the Order Form. SRT_KJ_082815.2.1, 13.3. 13 4 Rev. GLO7112015 B03 "Services" means (i) the Cloud Services, (ii) accessibility to the commercially available version of the Applications by means of access to the password protected customer area of a Kronos website, and all such services, items and offerings accessed by Customer therein, and (ii) the Equipment rented hereunder, if any. "Statement of Work", "SOW", "Services Scope Statement" and "SSS" are interchangeable terms referring to a written description of the Implementation Services mutually agreed upon by Kronos and Customer and set forth as "bill as you go" services on the Order Form. "Supplier" means any contractor, subcontractor or licensor of Kronos providing software, equipment and. or services to Kronos which are incorporated into or otherwise related to the Services. "Term" means the Initial Term and any Renewal Terms thereafter. "Training Points" has the meaning ascribed to it in Section 7.6 below, 2. TERM 2.I The Services shall commence on the Billing Start Date, and shall continue for the Initial Term or until terminated in accordance with the provisions hereof. At the expiration of the Initial Term and each Renewal Term as applicable, the Services shall automatically renew for additional Renewal Tcrms until terminated in accordance with the provisions hereof. Both parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to sufficient appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination being within the sole discretion of the City Council at the time of adoption of each budget. Customer agrees that payment of a renewal invoice by Customer shall represent that Customer has appropriated the funds associated with such Renewal. 2.2 Customer may terminate the Services and this Agreement for convenience upon ninety (90) days prior written notice subject to Customer's payment of the Minimum Contract Value. Kronos may terminate the Services and this Agreement to be effective at the expiration of the then current Term upon no less than sixty (60) days prior written notice. 2.3 Either party may terminate the Services and the Agreement upon a material breach of the Agreement by the other party if such breach is not cured within fifteen (15) days after receipt of written notice. Notwithstanding the foregoing, Kronos may suspend the Services immediately upon notice in the event of any Customer breach of Sections 4 (Rights to Use), 5 (Acceptable Use), or 15 (Confidential Information). 2.4 In the event that either party becomes insolvent, makes a general assignment for the benefit of creditors, is adjudicated a bankrupt or insolvent, commences a case under applicable bankruptcy laws, or files a petition seeking reorganization, the other party may request adequate assurances of future performance. Failure to provide adequate assurances, in the requesting party's reasonable discretion, within ten (10) days of delivery of the request shall entitle the requesting party to terminate the Agreement immediately upon written notice to the other party. 2.5 If the Agreement is terminated for any reason: (a) Customer shall pay Kronos within thirty (30) days of such termination, all fees accrued under this Agreement prior to the effective date of such termination, provided however, if Customer terminates for material breach of the Agreement by Kronos, Kronos shall refund Customer any pre -paid fees for Implementation Services not delivered by Kronos; (b) Customer's right to access and use the Applications shall be revoked and be of no further force or effect and return rented Equipment as provided in Section 9.1 below; (c) No more than fifteen (I5) days after termination (or upon Customer's written request at any time during the Term), Kronos will provide to Customer, at no charge to Customer, the Customer Content. After such time period, Kronos shall have no further obligation to store or make available the Customer Content and will securely delete any or all Customer Content without liability; (d) Customer agrees to timely return all Kronos-provided materials related to the Services to Kronos at Customer's expense or, alternatively, destroy such materials and provide Kronos with an officer's certification of the destruction thereof; and (e) All provisions in the Agreement, which by their nature are intended to survive termination, shall so survive. 3. FEES AND PAYMENT 3.1 Customer shall pay Kronos the Monthly Service Fees, the fees for the implementation Services and any additional one time or recurring fees for Equipment, Training Points, KnowledgePass Education Subscription and such other Kronos offerings, all as set forth on the Order Form. The Monthly Service SRT lU 082815 2.1, 13.3, 13.4 Rev GL07112015 B03 Fees will be invoiced on the frequency set forth on the Order Form (`Billing Frequency"). If Customer and Kronos have signed a Statement of Work for the Implementation Services, Implementation Services will be invoiced monthly as delivered unless otherwise indicated on the Order Form. If Kronos is providing Implementation Services in accordance with the Services Implementation Guideline or as "a la carte" services on the Order Form, Kronos will invoice Customer for Implementation Services in advance of providing such Implementation Services unless otherwise indicated on the Order Form. All other Kronos offerings will be invoiced upon execution of the applicable Order Form by Kronos and Customer. Unless otherwise indicated on an Order Form, payment for all items shall be due 30 days following date of invoice. All payments shall be sent to the attention of Kronos as specified on the invoice. Except as expressly set forth in this Agreement, all amounts paid to Kronos are non-refundable. Customer is responsible for all applicable federal, state, country, provincial or local taxes relating to the goods and services provided by Kronos hereunder (including without limitation GST and/or VAT if applicable), excluding taxes based on Kronos' income or business privilege. 3.2 If any amount owing under this or any other agreement between the parties is thirty (30) or more days overdue, Kronos may, without limiting Kronos' rights or remedies, suspend Services until such amounts are paid in full. Kronos will provide at least seven (7) days' prior written notice that Customer's account is overdue before suspending Services. 3.3 At the later of (i) one (1) year after the effective date of this Agreement, or (ii) expiration of the Initial Term, and at each annual anniversary of that date thereafter, Kronos may increase the Monthly Service Fee rates in an amount not to exceed four percent (4%). The increased Monthly Service Fees will be reflected in the monthly invoice following the effective date of such increase without additional notice. As a point of clarification, during the initial three year term, there will be no annual increase in the fees for the same modules and license counts. 3.4 Customer agrees that except if Customer terminates for material breach of the Agreement by Kronos, if Customer has not paid the Minimum Contract Value to Kronos prior to the expiration or termination of the Initial Term or a Renewal Term, as applicable, Customer shall pay within thirty (30) days of the date of such expiration or termination, the difference between the total Monthly Service Fees then paid by Customer for the Initial Term or Renewal Term, as applicable, and the Minimum Contract Value, less SLA Credits, if any, that have been earned previously by Customer but not yet credited. 4. RIGHTS TO USE 4.1 Subject to the terms and conditions of the Agreement, Kronos hereby grants Customer a limited, revocable, non-exclusive, non -transferable, non -assignable right to use during the Term and for internal business purposes only: a) the Applications and related services, including the Documentation; b) training materials and KnowledgePass Content; and, c) any embedded third party software, libraries, or other components, which form a part of the Services. The Services contain proprietary trade secret technology of !Crams and its Suppliers. Unauthorized use and/or copying of such technology are prohibited by law, including United States and foreign copyright law. Customer shall not reverse compile, disassemble or otherwise convert the Applications or other software comprising the Services into uncompiled or unassembled code. Customer shall not use any of the third party software programs (or the data models therein) included in the Services except solely as part of and in connection with the Services. The JBoss® Enterprise Middleware components of the Service are subject to the end user license agreement found at http: www.redhat.com.licenses/jboss cula.html Customer acknowledges that execution of separate third party agreements may be required in order for Customer to use certain add-on features or functionality, including without limitation tax filing services. 4.2 Customer acknowledges and agrees that the right to use the Applications is limited based upon the amount of the Monthly Service Fees paid by Customer. Customer agrees to use only the modules and/or features for the number of employees and users as described on the Order Form. Customer agrees not to use any other modules or features nor increase the number of employees and users unless Customer pays for such additional modules, features, employees or users, as the case may be. Customer may not license, relicense or sublicense the Services, or otherwise permit use of the Services (including timesharing or networking use) by any third party. Customer may not provide service bureau or other data processing services that make use of the Services without the express prior written consent of Kronos. No license, right, or interest in any Kronos trademark, trade name, or service mark, or those of Kronos' Iicensors or Suppliers, is granted hereunder. 4.3 Customer may authorize its third party contractors and consultants to access the Services through Customer's administrative access privileges on an as needed basis, provided Customer: a) abides by its 3 SRT _K1_082815_2 1, 13.3, 13.4 Rev. GL07I 12015 B03 obligations to protect Confidential Information as set forth in this Agreement; b) remains responsible for all such third party usage and compliance with the Agreement; and c) does not provide such access to a competitor of Kronos who provides workforce management services. 4.4 Customer acknowledges and agrees that, as between Customer and Kronos, Kronos retains ownership of all right, title and interest to the Services, all of which are protected by copyright and other intellectual property rights, and that, other than the express rights granted herein and under any other agreement in writing with Customer, Customer shall not obtain or claim any rights in or ownership interest to the Services or Applications or any associated intellectual property rights in any of the foregoing. Customer agrees to comply with all copyright and other intellectual property rights notices contained on or in any information obtained or accessed by Customer through the Services. 4.5 When using and applying the information generated by the Services, Customer is responsible for ensuring that Customer complies with applicable laws and regulations. If the Services include the Workforce Payroll Applications or Workforce Absence Management Applications: (i) Customer is solely responsible for the content and accuracy of all reports and documents prepared in whole or in part by using these Applications, (ii) using these Applications does not release Customer of any professional obligation concerning the preparation and review of any reports and documents, (iii) Customer does not rely upon Kronos, Best Software, Inc. or these Applications for any advice or guidance regarding compliance with federal and state laws or the appropriate tax treatment of items reflected on such reports or documents, and (iv) Customer will review any calculations made by using these Applications and satisfy itself that those calculations are correct. 5. ACCEPTABLE USE 5.1 Customer shall take all reasonable steps to ensure that no unauthorized persons have access to the Services, and to ensure that no persons authorized to have such access shall take any action that would be in violation of this Agreement. 5.2 Customer represents and warrants to Kronos that Customer has the right to publish and disclose the Customer Content in connection with the Services. Customer represents and warrants to Kronos that the Customer Content: (a) does not infringe or violate any third -party right, including but not limited to intellectual property, privacy, or publicity rights, (b) is not abusive, profane, or offensive to a reasonable person, or, (c) is not hateful or threatening. 5.3 Customer will not (a) use, or allow the use of, the Services in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (b) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage, delete, retrieve or record information about the Services or its users; (c) excessively overload the Kronos systems used to provide the Services; (d) perform any security integrity review, penetration test, load test, denial of service simulation or vulnerability scan; (e) use any tool designed to automatically emulate the actions of a human user (e.g., robots); or, (1) otherwise act in a fraudulent, malicious or negligent manner when using the Services. 6. CONNECTIVITY AND ACCESS Customer acknowledges that Customer shall (a) be responsible for securing, paying for, and maintaining connectivity to the Services (including any and all related hardware, software, third party services and related equipment and components); and (b) provide Kronos and Kronos' representatives with such physical or remote access to Customer's computer and network environment as Kronos deems reasonably necessary in order for Kronos to perform its obligations under the Agreement. Customer will make all necessary arrangements as may be required to provide access to Customer's computer and network environment if necessary for Kronos to perform its obligations under the Agreement. 7. IMPLEMENTATION AND SUPPORT 7.1 Implementation Services. Kronos will provide the Implementation Services to Customer. Implementation Services described in an SSS are provided on a time and materials basis, billed monthly as delivered unless otherwise indicated on the Order Form. Implementation Services described in the Services Implementation Guideline are provided on a fixed fee basis. If Customer requests additional Implementation Services beyond those described in the Services Implementation Guideline, Kronos will create a change order for Customer's review and approval and any additional Implementation Services to be provided by Kronos will be billed as delivered at the then -current Kronos professional services rates. Kronos' configuration of the Applications will be based on information and work flows that Kronos obtains .1 SRT KJ_082815.,2.1, 13.3, 13.4 Rev GL07112015 B03 from Customer during the discovery portion of the implementation. Customer shall provide Kronos with necessary configuration -related information in a timely manner to ensure that mutually agreed implementation schedules are met. In the event that Kronos is required to travel to Customer's location during the implementation, Customer agrees to pay any travel expenses, such as airfare, lodging, meals and local transportation, plus an administrative fee of ten percent (10%) of the amount of such travel expenses, incurred by Kronos in accordance with the then -current standard Kronos travel and expense policies, which Kronos will provide to Customer upon request. Kronos shall invoice Customer for such travel expenses and payment thereof shall be due net thirty (30) days from date of invoice. 7.2 Additional Services. Customer may engage Kronos to provide other services which may be fixed by activity ("a la carte") or provided on a time and materials basis ("bill as you go") as indicated on the applicable Order Form. 73 Support. Kronos will provide 24x7 support for the cloud infrastructure, the availability to the cloud environment, and telephone support for the logging of functional problems and user problems. Customer may log questions online via the Kronos Customer Portal. As part of such support, Kronos will make updates to the Services available to Customer at no charge as such updates are released generally to Kronos' customers. Customer agrees that Kronos may install critical security patches and infrastructure updates automatically as part of the Services. Kronos' then -current Support Services Policies shall apply to all Support Services provided by Kronos and may be accessed at: http: /www.kronos.com/Support/SupnortServicesPolicies.htm ("Support Policies"). In the event of a conflict between the Support Policies and this Agreement, the terms of this Agreement shall prevail. 7.4 Support Services for Equipment. Provided Customer has purchased support services for the Equipment, the following terms shall apply (Depot Exchange support services for rented Equipment are included in the rental fees for such Equipment): (a) Customer may select, as indicated on an Order Form, an Equipment Support Services option offered by the local Kronos entity responsible for supporting the Equipment if and as such offerings are available within the Kronos territory corresponding to the Equipment's location. Kronos shall provide each Equipment Support Services offering as specified herein. (i) Depot Exchange and Depot Repair. If Customer has selected Depot Exchange or Depot Repair Equipment Support Services, the following provisions shall apply: Upon the failure of installed Equipment, Customer shall notify Kronos of such failure and Kronos will provide remote fault isolation at the FRU (Field Replacement Unit) or subassembly level and attempt to resolve the problem. Those failures determined by Kronos to be Equipment related shall be dispatched to a Kronos Depot Repair Center, and Customer will be provided with a Return Material Authorization Number (RMA) for the failed Equipment if Customer is to return the failed Equipment to Kronos, as reasonably determined by Kronos. Customer must return the failed Equipment with the supplied RMA number. Hours of operation, locations and other information related to Kronos' Depot Repair Centers are available upon request and are subject to change. Return and repair procedures for failed Equipment shall be provided based on the Depot option - Depot Exchange or Depot Repair - selected by Customer on the applicable Order Form and as specified herein and in Kronos' then -current Support Services Policies. Service packs for the Equipment (as described in subsection (ii) below) are included in both Depot Exchange and Depot Repair Support Services. Depot Exchange: Kronos will provide a replacement for the failed Equipment at the FRU or subassembly level on an "advanced exchange" basis, utilizing a carrier of Kronos' choice. Replacement Equipment will be shipped the same day, for delivery to Customer's Iocation as further described in the Support Policies. REPLACEMENT EQUIPMENT MAY BE NEW OR RECONDITIONED. Customer shall specify the address to which the Equipment is to be shipped. All shipments will include the Kronos provided RMA designating the applicable Kronos Depot Repair Center, as the recipient. Customer, upon receipt of the replacement Equipment from Kronos, shall package the defective Equipment in the materials provided by Kronos, with the RMA supplied and promptly return failed Equipment directly to Kronos. Depot Repair: Upon failure of installed Equipment, Customer shall install a Spare Product (as defined below) to replace the failed Equipment. Customer shall then return the failed Equipment, with the required RMA, to the applicable Kronos Depot Repair Center. Customer shall make reasonable efforts to return the failed Equipment using the same or substantially similar packing materials in which the original Equipment was sent. Customer shall also specify the address to 5 SRT_K7.082815 2.1, 13.3, 13.4 Rcv GL07112015 B03 which the repaired Equipment should be return shipped. Upon receipt of the failed Equipment, Kronos shall repair the failed Equipment and ship it, within ten (10) business days after receipt, to Customer. Kronos shall ship the repaired Equipment by regular surface transportation to Customer. (ii) Device Software Updates Only. If Customer has selected Device Software Equipment Support Services, Customer shall be entitled to receive: (A) Service packs for the Equipment (which may contain system software updates, firmware updates, security updates, and feature enhancements) available for download at Kronos' customer portal. Service packs for the Equipment are not installed by the Kronos Depot Repair Center but are available for download at Kronos' customer portal, provided Customer is maintaining the Equipment under an annual Equipment Support Services plan with Kronos.; and (B) Access to the Kronos Support Services Center for the togging of requests for assistance downloading service packs for the Equipment. (b) Warranty. Kronos warrants that all service packs and firmware updates provided under this Agreement shall materially perform in accordance with the Kronos published specifications for a period of ninety (90) days after download by Customer. In the event of a breach of this warranty, Customer's exclusive remedy shall be Kronos' repair or replacement of the deficient service pack(s) or firmware update(s), at Kronos' option, provided that Customer's use, installation and maintenance thereof have conformed to the specifications. (c) Responsibilities of Customer. It is Customer's responsibility to purchase and retain, at Customer's location and at Customer's sole risk and expense, a sufficient number of spare products ("Spare Products") to allow Customer to replace failed Equipment at Customer's locations in order for Customer to continue its operations while repairs are being performed and replacement Equipment is being shipped to Customer. For each of the Depot Exchange and Depot Repair Equipment Support Services options, Customer agrees that it shall return failed Equipment promptly as the failures occur and that it shall not hold failed Equipment and send failed Equipment to Kronos in "batches" which shall result in a longer turnaround time to Customer. In addition, Customer agrees to: (i) Maintain the Equipment in an environment conforming to the Kronos published specifications for such Equipment; (ii) Not perform self -repairs on the Equipment (i.e., replacing components) without prior written authorization from Kronos; (iii) De -install all failed Equipment and install all replacement Equipment in accordance with Kronos' written installation guidelines; (iv) Ensure that the Equipment is returned to Kronos properly packaged; and (v) Obtain an RMA before returning any Equipment to Kronos and place the RMA clearly and conspicuously on the outside of the shipping package. Customer may only return the specific Equipment authorized by Kronos when issuing the RMA. (d) Delivery. All domestic shipments within the United States are FOB Destination to/from Customer and Kronos with the shipping party bearing all costs and risks of loss, and with title passing upon delivery to the identified destination. All international shipments from Kronos to Customer are DAP (lncoterms 2010) to the applicable Customer location, and are DDP (Incoterms 2010) to the applicable Kronos Depot Repair Center when Customer is shipping to !Crones. Customer is responsible for all duties and taxes when sending Equipment to Kronos. 7.5 KnottledgePass Education Subscription. When KnowledgePass Education Subscription is purchased on an Order Form, Kronos will provide Customer with the KnowledgePass Education Subscription. The KnowtedgePass Education Subscription provides access to certain educational offerings provided by Kronos (the "KnowledgePass Content"). Customer recognizes and agrees that the KnowledgePass Content is copyrighted by Kronos. Customer is permitted to make copies of the KnowledgePass Content provided in *pdf form solely for Customer's internal use. Customer may not disclose such KnowledgePass Content to any third party other than Customer's employees. Customer may not edit, modify, revise, amend, change, alter, customize or vary the KnowledgePass Content without the written consent of !Crones, provided that Customer may download and modify contents of training kits solely for Customer's internal use. 6 SRT_K.1_082815_2.1, 13.3, 13.4 Rev. GL07112015 1303 7.6 Training Points. "Training Points" which are purchased by Customer may be redeemed for an equivalent value of instructor -led training sessions offered by Kronos. Training Points may be redeemed only during the Term at any time no more than twelve (12) months after the date of the applicable Order Form, after which time such Training Points shall expire and be of no value. Training Points may not be exchanged for other Kronos products or services. 7.7 Training Courses. When Training Points or training sessions are set forth in an SSS, the SSS applies. When Training Points or training sessions are not set forth in an SSS, as part of the Services, for each SaaS application module included in the Services purchased by Customer, Customer's employees shall be entitled to attend, in the quantity indicated, the corresponding training courses set forth at: www.kronos.com nroducts/workforcc-central-saas/trainina-euidlines.asnx Participation in such training courses is limited to the number of seats indicated for the courses corresponding to the modules forming a part of the Services purchased by Customer. 7.8 Technical Account Manager. Customers purchasing a Kronos Technical Account Manager ("TAM") as indicated on the Order Form shall receive the services of a dedicated, but not exclusive, TAM for one production instance of the Software. Customer will designate up to two primary and three secondary backup technical contacts ("Technical Contacts") to be the sole contacts with the TAM. Upon request, Customer may designate additional andlor backup Technical Contacts. Customer is required to place all primary Technical Contacts through Kronos training for the Applications covered under this Agreement at Customer's expense. 8. CUSTOMER CONTENT Customer shall own all Customer Content. Kronos acknowledges that all of the Customer Content is deemed to be the Confidential Information of Customer. Kronos may, but shall have no obligation to, monitor Customer Content from time to time to ensure compliance with the Agreement and applicable law. 9. EQUIPMENT If Customer purchases or rents Equipment from Kronos, a description of such Equipment (model and quantity), the applicable pricing, and delivery terms shall be listed on the Order Form. 9.1 Rented Equipment. The following terms apply only to Equipment Customer rents from Kronos: (a) Rental Term and Warranty Period. The term of the Equipment rental and the "Warranty Period" for such Equipment shall run coterminously with the Term of the other Services provided under the Agreement. (b) Insurance. Customer shall insure the Equipment for an amount equal to the replacement value of the Equipment for loss or damage by fire, theft, and all normal extended coverage at all times. No loss, theft or damage after shipment of the Equipment to Customer shall relieve Customer from Customer's obligations under the Agreement. (c) Location/Replacement. Customer shall not make any alterations or remove the Equipment from the place of original installation without Kronos' prior written consent. Kronos shall have the right to enter Customer's premises to inspect the Equipment during normal business hours. Kronos reserves the right, at its sole discretion and at no additional cost to Customer, to replace any Equipment with newer or alternative technology Equipment as long as the replacement Equipment at least provides the same level of functionality as that being replaced. (d) Ownership. All Equipment shall remain the property of Kronos. All Equipment is, and at all times shall remain, separate items of personal property, notwithstanding such Equipment's attachment to other equipment or real property. Customer shall not sell or otherwise encumber the Equipment. Customer shall furnish any assurances, written or otherwise, reasonably requested by Kronos to give full effect to the intent of terms of this paragraph (d). (e) Equipment Support. Kronos shall provide to Customer the Equipment support services described in Section 7. (f) Return of Equipment. Upon termination of the Agreement or the applicable Order Form, Customer shall return, within thirty (30) days of the effective date of termination and at Customer's expense, the Equipment subject to this Section 9.1. Equipment will be returned to Kronos in the same condition as and when received, reasonable wear and tear excepted. If Customer fails to return Equipment SRT 1U_0828I5_2.1, 13.3, 13.4 Rev GL071 I2015 B03 within this time period, upon receiving an invoice from Kronos, Customer shall pay Kronos the then list price of the unreturncd Equipment. 9.2 Purchased Equipment. The following terms apply only to Equipment Customer purchases from Kronos: (a) Ownership and Warranty Period. Title to the Equipment shall pass to Customer upon delivery to the carrier. The "Warranty Period" for the Equipment shall be for a period of ninety (90) days from such delivery (unless otherwise required by law). (b) Equipment Support. Kronos shall provide to Customer the Equipment support services described in this Agreement if purchased separately by Customer as indicated on the applicable Order Form. If purchased, Equipment support services have a term of one (1) year commencing upon expiration of the Warranty Period. Equipment support services will be automatically extended for additional one year terms on the anniversary of its commencement date ("Renewal Date"), unless either party has given the other thirty (30) days written notification of its intent not to renew. Kronos may change the annual support charges for Equipment support services effective at the end of the initial one (1) year term or effective on the Renewal Date, by giving Customer at least thirty (30) days prior written notification. 10. SERVICE LEVEL AGREEMENT Kronos shall provide the service levels and associated credits, when applicable, in accordance with the Service Level Agreement attached hereto as Exhibit A and which is hereby incorporated herein by reference. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY SERVICE OUTAGE OR INTERRUPTION OF THE SERVICES OR FAILURE BY KRONOS TO MEET THE TERMS OF THE APPLICABLE SERVICE LEVEL AGREEMENT, SHALL BE THE REMEDIES PROVIDED IN EXHIBIT A. 11. LIMITED WARRANTY; DISCLAIMERS OF WARRANTY 11.1 Kronos represents and warrants to Customer that the Applications, under normal operation as specified in the Documentation and when used as authorized herein, will perform substantially in accordance with such Documentation during the Term. 11.2 Kronos' sole obligation and Customer's sole and exclusive remedy for any breach of the foregoing warranty is limited to Kronos' reasonable commercial efforts to correct the non -conforming Services at no additional charge to Customer. In the event that Kronos is unable to correct material deficiencies in the Services arising during the Warranty Period, after using Kronos' commercially reasonable efforts to do so, Customer shall be entitled to terminate the then remaining Term of the Agreement as Customer's sole and exclusive remedy. Kronos' obligations hereunder for breach of warranty are conditioned upon Customer notifying Kronos of the material breach in writing, and providing Kronos with sufficient evidence of such non -conformity to enable Kronos to reproduce or verify the same. 1I.3 Kronos warrants to Customer that each item of Equipment shall be free from defects in materials and workmanship during the Warranty Period. In the event of a breach of this warranty, Customer's sok and exclusive remedy shall be Kronos' repair or replacement of the deficient Equipment, at Kronos' option, provided that Customer's use, installation and maintenance thereof have conformed to the Documentation for such Equipment. This warranty is extended to Customer only and shall not apply to any Equipment (or parts thereof) in the event of: (a) damage, defects or malfunctions resulting from misuse, accident, neglect, tampering, (including without limitation modification or replacement of any Kronos components on any boards supplied with the Equipment), unusual physical or electrical stress or causes other than normal and intended use; (b) failure of Customer to provide and maintain a suitable installation environment, as specified in the published specifications for such Equipment; or (c) malfunctions resulting from the use of badges or supplies not approved by Kronos. EXCEPT AS PROVIDED FOR IN THIS SECTION 11, KRONOS HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTIES AND REPRESENTATIONS RELATING TO THE SERVICES, EXPRESS OR IMPLIED, ORAL OR IN WRITING, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SRT _1(.1_D82815 2 1, 13.3, 13.4 Rev GL07112015 J303 PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT, AND WHETHER OR NOT ARISING THROUGH A COURSE OF DEALING. THE SERVICES ARE NOT GUARANTEED TO BE ERROR - FREE OR UNINTERRUPTED. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, KRONOS MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE COMPATIBILITY OF THE SERVICES, THE SAAS APPLICATIONS OR THE EQUIPMENT NOR ANY RESULTS TO BE ACHIEVED THEREFROM. 12.0 DATA SECURITY 12.1 As part of the Services, Kronos shall provide those administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer data as described at: Mtn:: www.kronos.com, products/workforce-central-cloud. cloud-uuidelines.aspx Customer acknowledges that such safeguards endeavor to mitigate security incidents, but such incidents may not be mitigated entirely or rendered harmless. Customer should consider any particular Kronos supplied security -related safeguard as just one tool to be used as part of Customer's overall security strategy and not a guarantee of security. Both parties agree to comply with all applicable privacy or data protection statutes, rules, or regulations governing the respective activities of the parties under the Agreement. 12.2 As between Customer and Kronos, all Personally Identifiable Data is Customer's Confidential Information and will remain the property of Customer. Customer represents that to the best of Customer's knowledge such Personally Identifiable Data supplied to Kronos is accurate. Customer hereby consents to the use, processing or disclosure of Personally Identifiable Data by Kronos and Kronos' Suppliers wherever located only for the purposes described herein and only to the extent such use or processing is necessary for Kronos to carry out Kronos' duties and responsibilities under the Agreement or as required by law. 12.3 Prior to initiation of the Services under the Agreement and on an ongoing basis thereafter, Customer agrees to provide notice to Kronos of any extraordinary privacy or data protection statutes, rules, or regulations which are or become applicable to Customer's industry and which could be imposed on Kronos as a result of provision of the Services. Customer will ensure that: (a) the transfer to Kronos and storage of any Personally Identifiable Data by Kronos or Kronos' Supplier's data center is permitted under applicable data protection laws and regulations; and, (b) Customer will obtain consents from individuals for such transfer and storage to the extent required under applicable laws and regulations. 13. INDEMNIFICATION 13.1 Kronos shall defend Customer and its respective directors, officers, and employees (collectively, the "Customer Indemnified Parties"), from and against any and all notices, charges, claims, proceedings, actions, causes of action and suits, brought by a third party (each a "Claim") alleging that the permitted uses of the Services infringe or misappropriate any United States or Canadian copyright or patent and will indemnify and hold harmless the Customer Indemnified Parties against any Iiabilities, obligations, costs or expenses (including without limitation reasonable attorneys' fees) actually awarded to a third party as a result of such Claim by a court of applicable jurisdiction or as a result of Kronos' settlement of such a Claim. In the event that a final injunction is obtained against Customer's use of the Services by reason of infringement or misappropriation of such copyright or patent, or if in Kronos' opinion, the Services are likely to become the subject of a successful claim of such infringement or misappropriation, Kronos, at Kronos' option and expense, will use commercially reasonable efforts to (a) procure for Customer the right to continue using the Services as provided in the Agreement, (b) replace or modify the Services so that the Services become non -infringing but remain substantively similar to the affected Services, and if neither (a) or (b) is commercially feasible, to (c) terminate the Agreement and the rights granted hereunder after provision of a refund to Customer of the Monthly Service Fees paid by Customer for the infringing elements of the Services covering the period of their unavailability. 13.2 Kronos shall have no liability to indemnify or defend Customer to the extent the alleged infringement is based on: (a) a modification of the Services by anyone other than Kronos; (b) use of the Services other than in accordance with the Documentation for such Service or as authorized by the Agreement; (c) use of the Services in conjunction with any data, equipment, service or software not provided by Kronos, where the Services would not otherwise itself be infringing or the subject of the claim; or (d) use of the Services by Customer other than in accordance with the terms of the Agreement. Notwithstanding the foregoing, with regard to infringement claims based upon software created or provided by a licensor to !Crows or Suppliers, Kronos' maximum liability will be to assign to Customer Kronos' or Supplier's recovery rights 9 SRT_KJ_082815_2.I, 13.3. 114 Rev. GL07112015 J303 with respect to such infringement claims, provided that Kronos or Kronos' Supplier shall use commercially reasonable efforts at Customer's cost to assist Customer in seeking such recovery from such licensor. 13.3 To the extent not prohibited by the Texas constitution and the laws of the State of Texas, Customer shall defend Kronos, its Suppliers and their respective directors, officers, employees, agents and independent contractors (collectively, the "Kronos Indemnified Parties") harmless, from and against any and all Claims alleging that: (a) employment-related claims arising out of Customer's configuration of the Services; (b) Customer's modification or combination of the Services with other services, software or equipment not furnished by Kronos, provided that such Customer modification or combination is the cause of such infringement and was not authorized by Kronos; or, (c) a claim that the Customer Content infringes in any manner any intellectual property right of any third party, or any of the Customer Content contains any material or information that is obscene, defamatory, libelous, or slanderous violates any person's right of publicity, privacy or personality, or has otherwise caused or resulted in any tort, injury, damage or harm to any other person. Customer will have sole control of the defense of any such action and all negotiations for its settlement or compromise. Kronos will cooperate fully at Customer's expense with Customer in the defense, settlement or compromise of any such action. Customer will indemnify and hold harmless the Kronos Indemnified Parties against any liabilities, obligations, costs or expenses (including without limitation reasonable attorneys' fees) actually awarded to a third party as a result of such Claims by a court of applicable jurisdiction or as a result of Customer's settlement of such a Claim. 13.4 To the extent not prohibited by the Texas constitution and the laws of the State of Texas, the Indemnified Party(ies) shall provide written notice to the indemnifying party promptly after receiving notice of such Claim. If the defense of such Claim is materially prejudiced by a delay in providing such notice, the purported indemnifying party shall be relieved from providing such indemnity to the extent of the delay's impact on the defense. The indemnifying party shall have sole control of the defense of any indemnified Claim and all negotiations for its settlement or compromise, provided that such indemnifying party shall not enter into any settlement which imposes any obligations or restrictions on the applicable Indemnified Parties without the prior written consent of the other party. The Indemnified Parties shall cooperate fully, at the indemnifying party's request and expense, with the indemnifying party in the defense, settlement or compromise of any such action. The indemnified party may retain its own counsel at its own expense, subject to the indemnifying party's rights above. 14. LIMITATION OF LIABILITY 14.1 EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, KRONOS AND ITS SUPPLIERS WILL NOT 13E LIABLE FOR ANY DAMAGES OR INJURIES CAUSED BY THE USE OF THE SERVICES OR BY ANY ERRORS, DELAYS, INTERRUPTIONS IN TRANSMISSION, OR FAILURES OF THE SERVICES. 14.2 EXCEPT FOR KRONOS' INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 13 ABOVE, THE TOTAL AGGREGATE LIABILITY OF KRONOS OR KRONOS' SUPPLIERS TO CUSTOMER AND,OR ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES PROVEN BY CUSTOMER, SUCH DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE TOTAL NET PAYMENTS RECEIVED BY KRONOS FOR THE SERVICES IN THE TWELVE (I2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE IN WHICH SUCH CLAIM ARISES. 14.3 EXCEPT FOR KRONOS' INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 13 ABOVE, IN NO EVENT SHALL KRONOS OR KRONOS' SUPPLIERS, THEIR RESPECTIVE AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICES INTERRUPTION, HOWEVER CAUSED, ARISING FROM OR RELATED TO THE SERVICES OR THE AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, WHETHER BREACH OF WARRANTY, INDEMNIFICATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER KRONOS OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. 14.4 EXCEPT WITH RESPECT TO LIABILITY ARISING FROM KRONOS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, KRONOS DISCLAIMS ANY AND ALL LIABILITY, INCLUDING SRT_KJ Ok2815_2, I, 13.3, 13 4 Rev, GL071121115 BQ3 WITHOUT LIMITATION LIABILITY RELATED TO A BREACH OF DATA SECURITY AND CONFIDENTIALITY OBLIGATIONS, RESULTING FROM ANY EXTERNALLY INTRODUCED HARMFUL PROGRAM (INCLUDING WITHOUT LIMITATION VIRUSES, TROJAN HORSES, AND WORMS), CUSTOMER'S CONTENT OR APPLICATIONS, THIRD PARTY UNAUTHORIZED ACCESS OF EQUIPMENT, SAAS APPLICATIONS OR SYSTEMS, OR MACHINE ERROR. 15. CONFIDENTIAL INFORMATION 15.1 Each Party shall protect the Confidential Information of the other Party with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which such Party utilizes for its own information of similar character that it does not wish disclosed to the public. Neither Party shall disclose to third parties the other Party's Confidential Information, or use it for any purpose not explicitly authorized herein, without the prior written consent of the other Party. The obligation of confidentiality shall survive for five (5) years after the return of such Confidential Information to the disclosing party or five (5) years after the expiration or termination of the Agreement, whichever is later, as applicable. 15.2 Notwithstanding the foregoing, a party may disclose Confidential Information to the extent required: (a) to any subsidiary or affiliate of such Party, or (b) to any consultants, contractors, and counsel who have a need to know in connection with the Agreement and have executed a non -disclosure agreement with obligations at least as stringent as this Section 15, or (c) by law, or by a court or governmental agency, or if necessary in any proceeding to establish rights or obligations under the Agreement; provided, the receiving party shall, unless legally prohibited, provide the disclosing party with reasonable prior written notice sufficient to permit the disclosing party an opportunity to contest such disclosure. If a party commits, or threatens to commit, a breach of this Section 15, the other party shall have the right to seek injunctive relief from a court of competent jurisdiction. 15.3 This Agreement imposes no obligation upon either Party with respect to the other Party's Confidential Information which the receiving Party can establish: (a) is or becomes generally known through no breach of the Agreement by the receiving party, or (b) is already known or is independently developed by the receiving party without use of or reference to the Confidential Information. 16. EXPORT Customer understands that any export of the Equipment may require an export license and Customer assumes full responsibility for obtaining such license. Customer must obtain Kronos' prior written consent before exporting the Equipment. 17. GENERAL 17.1 This Agreement shall be governed by and construed in accordance with the laws of the state, province and country in which Kronos is incorporated without regard to any conflict of law provisions. The parties waive the application of the United Nations Commission on International Trade Law and United Nations Convention on Contracts for the International Sale of Goods as to the interpretation or enforcement of the Agreement and waive and "opt out" of the Uniform Computer Information Transactions Act (UCITA), or such other similar law. 17.2 The invalidity or illegality of any provision of the Agreement shall not affect the validity of any other provision. The parties intend for the remaining unaffected provisions to remain in full force and effect. 17.3 Customer shall not assign the Agreement or the rights to use the Services without the prior written consent of Kronos and any purported assignment, without such consent, shall be void. 17.4 Neither Party shall be responsible for any failure to perform or delay in performing any of its obligations under this Agreement (other than a failure to comply with payment obligations) where and to the extent that such failure or delay results from an unforeseeable event beyond a party's reasonable control, including but not limited to, acts of war; acts of nature; earthquake; flood; embargo; riot; sabotage; labor shortage or dispute; changes in government codes, ordinances, laws, rules, regulations or restrictions; failure of the Internet; terrorist acts; failure of data, products or services controlled by any third party, including the providers of communications or network services; utility power failure; material shortages or unavailability or other delay in delivery not resulting from the responsible party's failure to timely place orders therefor, or lack of or delay in transportation (each a "Force Majeure Event"). 17.5 All notices given under the Agreement shall be in writing and sent postage pre -paid, if to Kronos, to the Kronos address on the Order Form, or if to Customer, to the billing address on the Order Form. 17.6 No action, regardless of form, may be brought by either party more than two (2) years after the cause of action has arisen. SRT_ KJ_082815.2 1, 13.3, 13.4 Rev. Gt.07112015 1303 17.7 The section headings herein are provided for convenience only and have no substantive effect on the construction of the Agreement. 17.8 The parties agree that if the Agreement is accepted by the parties and that acceptance is delivered via fax or electronically delivered via email or the internet it shall constitute a valid and enforceable agreement. 17.9 This Agreement and any information expressly incorporated by reference herein, together with the applicable Order Form, constitute the entire agreement between the parties for the Services described herein and supersede all prior or contemporaneous representations, negotiations, or other communications between the parties relating to the subject matter of this Agreement. This Agreement may be amended only in writing signed by authorized representatives of both parties. Customer understands and acknowledges that while Kronos may disclose to customers certain confidential information regarding general Service or product development direction, potential future Services, products or product enhancements under consideration, Customer is not entitled to any Services, products or product enhancements other than those contained on the Order Form. Customer has not relied on the availability of any future version of the Services (including SaaS Applications or equipment) identified on an Order Form, nor any other future product in executing the Agreement. CUSTOMER AGREES TO THESE TERMS AND CONDITIONS FOR ALL ORDER FORMS FOR THE SERVICES. THE INDIVIDUAL ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF CUSTOMER REPRESENTS THAT HE:SHE HAS THE AUTHORITY TO CONTRACTUALLY BIND CUSTOM ER. DATED: CUSTOMER: CITY OF CORPUS CHRISTI KRONOS BY: BY: NAME: NAME: TITLE: TITLE: ed as to form l Assis City Alta ney For City Attorney I, SRT KJ_082815_2.1, 13.3, 13,4 Rev GL07112015_B03 EXHIBIT A SERVICE LEVEL AGREEMENT (SLA) Service Level Agreement: The Services, in a production environment and as described in the Statement of Work (aka Services Scope Statement), are provided with the service levels described in this Exhibit A. SLAs are only applicable to production environments. SLAs will be available upon Customer's signature of Kronos' Go Live Acceptance Form for Customer's production environment. 99.75% Application Availability Actual Application Availability % - (Monthly Minutes (MM) minus Total Minutes Not Available (TM)) multiplied by 100) and divided by Monthly Minutes (MM), but not including Excluded Events Service Credit Calculation: An Outage will be deemed to commence when the Applications are unavailable to Customer in Customer's production environment hosted by Kronos and end when Kronos has restored availability of the Services. Failure to meet the 99.75° Application Availability SLA, other than for reasons due to an Excluded Event, will entitle Customer to a credit as follows: Actual Application Availability % (as measured in a calendar month) Service Credit to be applied to Customer's monthly invoke for the affected month <99.75% to 98.75°0 10% <98.75% to 98.25% 15°q <98.25% to 97.75% 25% <97.75 to 96.75% 35% <96.75 50% "Outage" means the accumulated time, measured in minutes, during which Customer is unable to access the Applications for reasons other than an Excluded Event. "Excluded Event" means any event that results in an Outage and is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by Kronos, including without limitation Customer Content, failures or malfunctions resulting from circuits provided by Customer, any inconsistencies or changes in Customer's source environment, including either intentional or accidental connections or disconnections to the environment; (c) Force Majeure events; (d) scheduled or emergency maintenance, alteration or implementation provided during the Maintenance Period defined below; (e) any suspension of the Services in accordance with the terms of the Agreement to which this Exhibit A is attached; (f) the unavailability of required Customer personnel, including as a result of failure to provide Kronos with accurate, current contact information; or (g) using an Application in a manner inconsistent with the product documentation for such Application. "Maintenance Period" means scheduled maintenance periods established by Kronos to maintain and update the Services, when necessary. During these Maintenance Periods, the Services are available to Kronos to perform periodic maintenance services, which include vital software updates. Kronos will use its commercially reasonable efforts during the Maintenance Period to make the Services available to Customer; however, some changes will require downtime. Kronos will provide notice for planned downtime via an email notice to the primary Customer contact at least one day in advance of any known downtime so planning can be facilitated by Customer. Currently scheduled Maintenance Periods for the Services are: Monday through Friday 04:00 am 06:00 am (U.S. eastern time) Saturday and Sunday 12:00 am 06:00 am (U.S. eastern time) 13 SRI' 10_082815_2.1, 113, 13.4 Rev. G1.071 12015 B03 Maintenance Periods include those maintenance periods mutually agreed upon by Customer and Kronos. "Monthly Minutes (MM)" means the total time, measured in minutes, of a calendar month commencing at 12:00 am of the first day of such calendar month and ending at 11:59 pm of the last day of such calendar month. "Total Minutes Not Available (TM)" means the total number of minutes during the calendar month that the Services are unavailable as the result of an Outage. Limitations: Service Credits will not be provided if: (a) Customer is in breach or default under the Agreement at the time the Outage occurred; or (b) the Outage results from an Excluded Event. if Kronos does not provide the appropriate Service Credit as due hereunder, Customer must request the Service Credit within sixty (60) calendar days of the conclusion of the month in which the Service Credit accrues. Customer waives any right to Service Credits not requested within this time period. All performance calculations and applicable Service Credits are based on Kronos records and data unless Customer can provide Kronos with clear and convincing evidence to the contrary. The Service Level Agreements in this Exhibit, and the related Service Credits, apply on a per production environment basis. For the avoidance of doubt, Outages in one production environment may not be added to Outages in any other production environment for purposes of calculating Service Credits. Customer acknowledges that Kronos manages its network traffic in part on the basis of Customer's utilization of the Services and that changes in such utilization may impact Kronos' ability to manage network traffic. Therefore, notwithstanding anything else to the contrary, if Customer significantly changes its utilization of the Services than what is contracted with Kronos and such change creates a material and adverse impact on the traffic balance of the Kronos network, as reasonably determined by Kronos, the parties agree to co-operate, in good faith, to resolve the issue. 4 SRT__KJ_082815_2.1, 13,3, 13.4 Rcv. GL07112015 B03 KRONOS Statement of Work City of Corpus Christi - 6004003 SaaS Conversion - Workforce Central Upgrade to v8 Sales Executive Sandy Martin Presages Consultant , Expiration Date 9/30/2015 z - .., Portfolio Coriatilsrit Debra Darby Cuebmer Name City of Corpus Christi Rle Name Control of ID 2015-17858 SDW Create Date 4/28/2015 Revision # 3 Project Type Upgrade Slaw Pending (c) 2015, Kronos Incorporated, All rIghtB reserved. Inforrnallon within Is subject to change without notice. CONFIDENTIAL - Not to be disclosed to third parties without specific written consent from Kronos. 4 KRONOS 1. PROJECT SCOPE This Statement of Work (also known as the "SOW") documents the agreement between Kronos Incorporated and City of Corpus Christi concerning the services to be performed by Kronos, including the deliverables, the costs of the project, the responsibility of each party and how the project will be managed. 1.1. PROJECT OVERVIEW City of Corpus Christi will be migrating to the Kronos Private Cloud as a Software -as -a -Service ("SaaS") customer. This migration to the Kronos Private Cloud requires the version of the software to be on a more current release. This estimate outlines the anticipated services necessary to perform a like -for -like upgrade of the existing system. As a part of a current SaaS promotional program, certain costs of the upgrade will be absorbed by Kronos. Any items that may require services beyond the inclusions of this program will be outlined in a separate SOW, which will reflect the appropriate costs. The services listed within this SOW are provided at no cost to the City of Corpus Christi as part of the current SaaS program. 1.2. PRODUCT SUMMARY The following products are considered in scope for the services and fees defined within this document, unless otherwise noted below. Additional products and/or licenses may incur additional fees. Product Implementation type Vetafon Workforce Timekeeper Upgrade 8.0 Workforce Manager Upgrade 8.0 Workforce Integration Manager Upgrade 8.0 Workforce TeleTime iP Upgrade 8.0 Data Collection Upgrade N/A 1.3. PROJECT DURATION Depending upon City of Corpus Christi resource availability and project task capability, the duration of the project may need to be extended. This will increase the number of hours required for tasks that are performed on a weekly basis such as managing project communications, managing/updating project plans, facilitating project meetings and updating project status reports. Estimated Duration of Project 12 Weeks No Charge Workforce Central Upgrade to vi SaaS 1 KRONOS INCORPORATED CONFIDENTIAL Page 2 of 12 KRONOS` 2. PROJECT GUIDELINES 2.1. CHANGE CONTROL If the Scope of Services defined in this document changes at any time during the course of this project, Kronos and City of Corpus Christi will review and adjust the scope and budget of services through standard Kronos change control procedures. Please review the Kronos Change Control Policy: http:llwww. kronos.comlprofessionalservicesengagementpolicies.a spx 22. CUSTOMER APPROVAL OF SERVICE DELIVERABLES As part of the project, service deliverables may be provided to City of Corpus Christi for approval and/or acceptance. Delays in customer approval/acceptance of deliverables will result in an extension of the project timeline and may result in additional services being required. To avoid project delays and increased costs, City of Corpus Christi should expect to approve/accept deliverables or provide written notification of errors to Kronos within five (5) business days after receipt of the deliverable. Following the receipt of a revised deliverable, City of Corpus Christi will then have an additional five (5) business days to report that all errors have been resolved and provide deliverable acceptance. 2.3. ENGAGEMENT RECOMMENDATIONS City of Corpus Christi is responsible for developing their workforce management policies and for documenting and disseminating business procedures and policy changes to support the Kronos system prior to Kronos implementing the policies. The City of Corpus Christi Project Team will attend appropriate Kronos training prior to and while participating in the implementation. City of Corpus Christi understands that Kronos recommends setup of both a DEVELOPMENT and PRODUCTION environment. Commitment from City of Corpus Christi upper management is crucial to the success of the project. Kronos assumes City of Corpus Christi will assign a Project Executve Sponsor. The Executive Sponsor is responsible for implementing the necessary change management for City of Corpus Christi to embrace using an automated Workforce Management system and for ensuring the Project Team is appropriately staffed, made available and is executing their tasks according to the Project Plan. No Charge Workforce Central Upgrade to v7 - SaaS KRONOS INCORPORATED CONFIDENTIAL Page 3 of 12 ti KRONOS` 3. PROJECT MANAGEMENT 3.1. PROJECT PLANNING AND MANAGEMENT Kronos will deliver a project workbook or checklist and facilitate periodic status meetings. Protect Management De3driPllon Remotely Delivered Project Support Services Average 2 Hours Per Week No Charge Workforce Central Upgrade to v7 - SaaS { KRONOS INCORPORATED CONFIDENTIAL Page 4 of 12 i KRONOS 111 4. KRONOS UPGRADE PROCESS 4.1. UPGRADE PHASES AND ACTIVITIES Below is a high-level summary of general upgrade phases and activities, including Kronos and City of Corpus Christi responsibilities. The Kronos and City of Corpus Christi Project Managers will work to coordinate and schedule these and any additional project -specific activities as part of the Plan phase of the project. Plan Phase Activi ee Re.30urGee. Rr pdtrible Project Initiation Call/ Sales to Service Call Kronos PM Introduction Call with the Customer Kronos PM, Kronos Lead TC, Customer Technical Environment Discover (part of Intro Call) Kronos PM, Kronos Lead TC, Customer Provide Technical Readiness Call Agenda and Finalize Date Kronos PM Provide Interface Assessment Agenda and Finalize Date Kronos PM Provide KnowledgePassr" Upgrade Leaming Path Kronos PM Engage Education Services for End User Upgrade Education Package Kronos PM Review Training Schedule based on Classes outlined in SOW (if applicable) Kronos PM Create Initial Project Schedule Kronos PM Milestone CustomerAssessment Readk ess Kronos AC Assess Phase Acthaes Rem:kJ a Respeesgtla Server environment available and Pre -Requisites have been installed Customer IT Schedule Technical Readiness Call with Lead TC Kronos PM Schedule Interface Assessment with Interface AC Kronos PM Conduct Technical Readiness Call with Customer • Discuss Test Upgrade Date • Verify Software Downloads • Verify Licenses Kronos Lead TC, Customer Conduct System Check (may be part of TRC) Lead TC, Customer Conduct Interface Assessment Kronos IC, Customer Confirm Test Upgrade Date Kronos PM, Customer PM Review Project Schedule (and Training Plan, if applicable) Kronos PM, Customer PM Enrol! Customer in Courses based on agreed-upon Training Plan Kronos PM Assessment of New Features (if applicable) Kronos AC No Charge Workforce Central Upgrade to v7 - SaaS 1 KRONOS INCORPORATED CONFIDENTIAL Page 5 of 12 i KRONOS` Solution Bold Phase Resouroor Responsible Perform Test Upgrade Kronos TC Test Clock Communications Kronos TC AC Configuration Test Upgrade • Implement new features, if applicable • Configuration of Clocks and Testing • Configuration of Standard Navigators, if applicable • Validation of Test Upgrade Kronos AC Interface Test Upgrade • Upgrade and deploy interfaces Kronos IC <ronos Unit Testing Kronos Team Attend Training Courses based on agreed-upon Training Plan Customer Testing Team Review Project Schedule Kronos PM Test and Certify Phase wee Resouroor Responsible Test Workshop & System Overview • Review New Features (ex. Navigator) • Review Testing Checklist Kronos AC, Customer Validate Test Clock with Upgraded System Customer, Kronos AC Customer Validation Customer Interface Testing Workshop Kronos IC, Customer Kronos Unit Testing Kronos Team Attend Training Courses based on agreed-upon Training Plan Customer Testing Team Review Project Schedule Kronos PM M Solution Acceptance Deploy and Support Phase Acilvides Resources Responsible Deployment Readiness • Internal Project Team Go -Live Prep Call • Go -Live Readiness Call / Review Deployment Checklist Customer, Kronos Team Perform Production Upgrade Kronos TC Post -Upgrade Validation Kronos AC, Kronos IC No Cha ge Workforce Central Upg:ado to v7 - SaaS KRONOS INCORPORATED CONFIDENTIAL Page 6 of 12 KRONOS` Deploy and Customer Validation Customer Go -Live Support • Payroll Processing Support Kronos Team Transition / Project Close Kronos PM, Customer Milestone: ~moon No Charge Workforce Central Upgrade to v7 - SaaS I KRONOS INCORPORATED CONFIDENTIAL Page 7 of 12 KRONOS 5. PROJECT SCOPE DETAIL 5.1. APPLICATION BUILDING BLOCKS ■ General InliterieSzei Number of Employees in Project Scope 3300 Number of Sites (facilities, locations etc.) 1 Decentralized No Unions No Number of Managers that will be supported 330 Workforce Central Technology Factors Total number of environments 2 The database platform will be SQL Server Workforce Central Technology Services • Technical Preparation for Deployment and Support Timekeeper This product will be implemented in phase 1 Number of Employees within Scope 3300 Warfdbhee 77mefaeeper Professional Services Scope • Standard Upgrade with core configuration, WDM setup. up to 3 Navigators with 6 widgets per Navigator • Workforce Central Core Technical Upgrade • Workforce Central Architecture Review with Record Retention Configur=ation • Workforce Central Basic Hardware Sizing Workforce Central Upgrade — Go -Live Support • 2 Environments: Workforce Central Upgrade Integrations in Scope • Up to 3 Interfaces to be Upgraded Data Coledcn This product will be implemented in phase 1 Number of Employees within Scope 3300 Data Collection Professional Services Scope • 3 Terminals: Firmware Upgrade No Charge Workforce Central Upgrade to v7 - SaaS 1 KRONOS INCORPORATED CONFIDENTIAL Page 8 of 12 t. 4 KRONOS1 111 No Charge Workforce Central Upgrade to v7 - SaaS KRONOS INCORPORATED CONFIDENTIAL Page 9 of 12 Workdorce TeWilma dP This product will be implemented in phase 1 Number of Employees within Scope 3300 Workforce TekeThne IP Prefesalcifoi •Services Scope • Workforce TeleTime IP Standard Upgrade No Charge Workforce Central Upgrade to v7 - SaaS KRONOS INCORPORATED CONFIDENTIAL Page 9 of 12 i KRONOSr 6. PROJECT COSTS AND RATE SCHEDULES All estimates are quoted in USD. 6.1. PROFESSIONAL SERVICES Role Quantify Unit of Measure Part Number Rats Total Project Manager 24 HR 9999002-SEV $0.00 $0.00 Application Consultant 25 HR 9999002-SEV $0.00 $0.00 Technology Consultant 77 HR 9999002-SEV $0.00 $0.00 Total 126 $O.OD 6.2. PROFESSIONAL SERVICES - BY PRODUCT ProducUService Hours Project Management Services 24 Technology Consulting Services 33 Workforce Timekeeper 54 Data Collection 4 Workforce TeleTime IP 11 Total Estimated Services 126 6.3. SOLUTION SUMMARY Service Type Total Cost to Customer Estimated Cost No Charge Workforce CentiaI Upgrade to v7 - EaaS 1 KRONOS INCORPORATED CONFIDENTIAL Page 10 of 12 KRONOS* • 7. SIGNATURES AND APPROVALS SUBMITTED AND APPROVED BY KRONOS REPRESENTATIVE By: Title:-�Jl ��l U r1 6(2 C --T i Ct-c) Date: This Statement of Work is subject to City of Corpus Christi's agreement with Kronos goveming Professional, Education and Cloud Services. By signing below, City of Corpus Christi's authorized representative agrees to purchase the services described herein. ACCEPTED AND AGREED City of Corpus Christi By: Date: Title: Appr ved as to form: Assi5tnjCity Attorney For City Attorney City of Corpus Christi may make necessary copies of this document for the sole purpose of facilitating intemal evaluation and/or execution of proposed project. Otherwise, the document or any part thereof may not be reproduced in any form without the written permission of Kronos Incorporated. All rights reserved. Copyright 2015. No Charge Workforce Central Upgrade to v7 - SaaS i KRONOS INCORPORATED CONFIDENTIAL Page 11 of 12 { KRONOS APPENDIX A 1.1. ENGAGEMENT GUIDELINES Please review the Kronos engagement guidelines: http: //www. kronos.com/professionalservicese ngagementpolicies. aspx Na Charge Workforce Central Upgrade to v7 - SaaS 1 KRONOS INCORPORATED CONFIDENTIAL Page 12 of 12 KRONOS` JAM Statement of Work City of Corpus Christi - 6004003 SaaS Conversion — Educational Services Sales Executive Sandy Martin Pnieriieo nsultarrt Expiration Date 9/3012015 Sante Pori:bib v.. - Debra Darby Cusbxner Name City of Corpus Christi 2015-17865 Fila Name c-. . •' .ID. SOW Create Data 4/28/2015 Revision # 7 lPr *ectTjlpe Educational Courses Stobie Pending (c) 2015, Kronor Incorporated All rights reserved. Information within is subject to change without notice. CONFIDENTIAL - Not to be disclosed to third parties without specific written consent from Kronos. KRONOS' / J 1. PROJECT SCOPE This Statement of Work (also known as the "SOW") documents the agreement between Kronos Incorporated and City of Corpus Christi concerning the services to be performed by Kronos, including the deliverables, the costs of the project, the responsibility of each party and how the project will be managed. 1.1. PROJECT OVERVIEW City of Corpus Christi will be migrating to the Kronos Private Cloud as a Software -as -a -Service ("SaaS") customer. This migration to the Kronos Private Cloud requires the version of the software to be on a more current release This estimate outlines the anticipated billable services necessary to complete the upgrade of the existing system, but is not part of the SaaS program inclusion. As a part of a current SaaS promotional program, certain costs of the upgrade are absorbed by Kronos, and those services have been outlined in a separate SOW. The items that required services beyond the inclusions of the program have been included within this SOW. 1.2. PRODUCT SUMMARY The following products are considered in scope for the services and fees defined within this document, unless otherwise noted below. Additional products and/or licenses may incur additional fees. IINorkforce TeleTime IP Product 1mplementalion Type Version New 8.0 SaaS Conversion - Add New Modules & Education j KRONOS INCORPORATED CONFIDENTIAL_ Page 2 of 8 KRONO5 2. PROJECT GUIDELINES 2.1. CHANGE CONTROL If the Scope of Services defined in this document changes at any time during the course of this project, Kronos and City of Corpus Christi will review and adjust the scope and budget of services through standard Kronos change control procedures. Please review the Kronos Change Control Policy: http://www. kronos.cornlprofessionalservicesengagementpolicies.aspx 2.2. CUSTOMER APPROVAL OF SERVICE DELIVERABLES As part of the project, service deliverables may be provided to City of Corpus Christi for approval and/or acceptance. Delays in customer approval/acceptance of deliverables will result in an extension of the project timeline and may result in additional services being required. To avoid project delays and increased costs, City of Corpus Christi should expect to approve/accept deliverables or provide written notification of errors to Kronos within five (5) business days after receipt of the deliverable. Following the receipt of a revised deliverable, City of Corpus Christi will then have an additional five (5) business days to report that all errors have been resolved and provide deliverable acceptance. 2.3. ENGAGEMENT RECOMMENDATIONS City of Corpus Christi is responsible for developing their workforce management policies and for documenting and disseminating business procedures and policy changes to support the Kronos system prior to Kronos implementing the policies. The City of Corpus Christi Project Team will attend appropriate Kronos training prior to and while participating in the implementation. City of Corpus Christi understands that Kronos recommends setup of both a DEVELOPMENT and PRODUCTION environment. Commitment from City of Corpus Christi upper management is crucial to the success of the project. Kronos assumes City of Corpus Christi will assign a Project Executive Sponsor. The Executive Sponsor is responsible for implementing the necessary change management for City of Corpus Christi to embrace using an automated Workforce Management system and for ensuring the Project Team is appropriately staffed, made available and is executing their tasks according to the Project Plan. SaaS Conversion - Add New Modules & Education 1 KRONOS INCORPORATED CONFIDENTIAL Page 3 of 8 (4 KRONOS' ■ 3. PROJECT SCOPE DETAIL 3.1. APPLICATION BUILDING BLOCKS General kifofrr eboh Number of Employees in Project Scope 3300 Number of Sites (facilities, locations etc.) 1 Decentralized No Number of Managers that will be supported 330 Workforce TeleTlme IP This product will be implemented in phase 1 Number of Employees within Scope 3300 Workforce Telellme IP Professional Setvlces Scope • Workforce TeleTime IP — 3b Party Provider Services SaaS Conversion - Add New Modules & Education 1 KRONOS INCORPORATED CONFIDENTIAL Page 4 of 8 t4 KRONOS` 4. EDUCATIONAL SERVICES 4.1. INTRODUCTION As part of your overall solution, Kronos Educational Services are included to help secure maximum user adoption. Kronos Educational Services has included an education strategy to train the implementation, functional and technical project team members and end users. The curriculum is structured by employee job role to ensure that each member of your team who interacts with the application has a clear learning path designed to develop knowledge in a logical sequence. 4.2. PROJECT TEAM TRAINING Course Name # of SeatelO(y Unit of Meastre Pointe Total Points WFC Administering Navigators 2 Seat 600 1200 WFC Administering the Application 2 Seal 1200 2400 WIM Upgrading from Connect 6.0 to WIM 8.0 1 Seat 500 500 4.3. END USER TRAINING Setvlce Name Quantity Unit of Mamas WFC Employee User Adoption Kit 1 Unlimited WTK Train -the -Trainer 1501-2500, 1 participant 1 Program SaaS Conversion - Add New Modules & Education J KRONOS INCORPORATED CONFIDENTIAL Page 5of8 KRONOS 5. PROJECT COSTS AND RATE SCHEDULES All estimates are quoted in USD. 5.1. PROFESSIONAL SERVICES - BY ROLE Rale Quaintly Unit of Mea$ue -rt,NtiRrber Rale Toth Third Party Provider —WF TeleTime IP 11 HR 9990113 -PRO $185.00 $2,035.00 Total 11 4100 PTS $0.90 $2,035.00 5.2 EDUCATIONAL SERVICES Product Name Pert Number Quarlity Unit cf Meader°• Rate Total KnowledgePassTM 8602748-001 1 EA $4,162.50 $4,162.50 Bill -As -You -Go Instructor Lead Training BAYG-ILT 4100 PTS $0.90 $3,690.00 WTK TTT -1501-2500 (1 participant) 9999716-2 1500 PTS $0.90 $1,350.00 Total Estimated Educational Seivicee $9,202.50 5.3. SOLUTION SUMMARY Service Type Estirriailed ecett Professional Services $2,035.00 Educational Services $9,202.50 otai Estimated investment $11,237.50 SaaS Conversion - Add New Modules & Education j KRONOS INCORPORATED CONFIDENTIAL Page 6ot8 1 KRONOS • 6. SIGNATURES AND APPROVALS SUBMITTED AND APPROVED BY KRONOS REPRESENTATIVE lt.ccks, , golam, dp Date: •I This Statement of Work is subject to City of Corpus Christi's agreement with Kronos goveming Professional, Education and Cloud Services. By signing below, City of Corpus Christi's authorized representative agrees to purchase the services described herein. ACCEPTED AND AGREED City of Corpus Christi By: Date: Title: ved as to form:: 1 Assi a City Attorney For City Attorney City of Corpus Christi may make necessary copies of this document for the sole purpose of facilitating Internal evaluation and/or execution of proposed project. Otherwise, the document or any part thereof may not be reproduced in any form without the written permission of Kronos Incorporated. All rights reserved. Copyright 2015. SaaS Conversion - Add New Modules & Educalion 1 KRONOS INCORPORATED CONFIDENTIAL Page 7 of B 4 KRONOS / J APPENDIX A 1.1. ENGAGEMENT GUIDELINES Please review the Kronos engagement guidelines;: http:l/www. kronos.comlprofessionalservicesengagementpolicies.aspx SaaS Conversion - Add New Modules & Education i KRONOS INCORPORATED CONFIDENTIAL Page 8 of 8 AGENDA MEMORANDUM Future item for the City Council Meeting of September 15, 2015 Action item for the City Council Meeting of September 22, 2015 DATE: TO: FROM: Maria Pedraza, Procurement Manager, Finance Department mariape@cctexas.com September 4, 2015 Ronald L. Olson, City Manager Saundra Thaxton, Assistant Director of Strategic Management Saundra@cctexas.com Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Services Department CAPTION: Motion authorizing the City Manager or designee to execute a consultant agreement with CliftonLarsonAllen LLP. (CLA) to assess the efficiency and effectiveness of the City of Corpus Christi Financial Services Department for an amount not to exceed $168,000. Funding is available in the Financial Services Department Budget for fiscal year 2014/2015. PURPOSE: The overall objective of the study is to assess how well the Financial Services Department is performing core services and identify ways to improve efficiency and effectiveness. The study will include all operational areas of the Financial Services Department: Utility Billing Office, Purchasing, Warehouse, Accounts Payable, Accounts Receivable/Collections, Accounting, Payroll, Grants, Cash Management and Central Cashiering. This study is a component of the City's overall continuous improvement program designed to periodically review and improve City operations; it will result in a specific action plan to improve the Financial Services Department. BACKGROUND AND FINDINGS: This is not a traditional financial or compliance review, nor is it limited to existing policies, procedures or internal controls. The consultant is required to answer 63 specific questions (see attachment for specific questions) built around the following focus areas: organization and support of the Financial Services Department; staffing levels, policies/procedures/process flowcharting; financial performance reporting; and CAFR preparation. Questions include targeted areas of specific concern for each functional area. Six consulting firms responded to the City's request for proposal issued on July 18, 2015. Three firms were short-listed for presentations to the City. The selection team deemed CliftonLarsonAllen LLP. as the most responsive and most qualified. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 168,000 $ 168,000 Encumbered / Expended Amount This item $ 168,000 $ 168,000 BALANCE 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Scope of Work Excerpt Presentation ASSESSMENT OF THE EFFICIENCY AND EFFECTIVENESS OF THE FINANCIAL SERVICES DEPARTMENT - SCOPE OF WORK EXCERPT Specific questions for which consultant is expected to provide answers 1) ORGANIZATION AND SUPPORT OF FINANCIAL SERVICES: a) Is the overall organization of Financial Services logically structured and how does it compare to other Texas cities? b) Are supervisor -to -staff ratios and the span of control reasonable? c) Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department?) d) Would Financial Services be better served if "Functional or Technical Analysts" resided within the department rather than within MIS (IT)? e) Is the current level of technical IT support provided by the MIS Department adequate and if not, how should Finance be appropriately supported? f) Is there a better way to do this work? 2) STAFFING LEVELS: a) Does the Department use a systematic approach to determine staffing level needs for each of the major functional areas (UBO, Purchasing, Payroll, Treasury, Central Cashiering, Accounting), and if so, is the approach used reasonable? If not, describe approach and results. b) What is the minimum number of staff by position and division needed to do a good job in Financial Services? c) Are the staffing levels reasonable for each of the major functional areas? d) Is the pay and classification correct for staff and if not, what should it be? e) Are our people qualified? 3) FINANCIAL SERVICES POLICIES AND PROCEDURES, PROCESS FLOW AND CHARTING: a) Are the City's overall Financial Policies reasonable and sufficient? b) Does the Department have adequate systems in place to monitor compliance with financial policies? c) Does the Department have adequately documented procedures, process flow and charting for all major functional areas? If not, what is recommended to rapidly create procedures and flow charting? d) Are there adequate procedures to address all major policies? e) Is the City's annually adopted debt, budgetary financial policy, and investment policy reasonable and does it adequately address risk? 4) FINANCIAL PERFORMANCE REPORTING: a) Does Financial Services periodically provide City management adequate analyses of financial trends and emerging issues? If so, are the reports of a quality comparable to other Texas cities (e.g. San Antonio, Fort Worth, Arlington, Austin, Dallas, El Paso, and Houston)? If not, define the types of reports that should be provided. b) How does the financial performance of the City of Corpus Christi compare relative to other Texas cities? c) Has the City established criteria for what constitutes good financial performance? 5) CAFR PREPARATION: a) Has the level of effort devoted annually to prepare the CAFR been reasonable, and is it comparable to other municipalities? b) How does the preparation of the CAFR compare to other Texas cities? Does the external auditor prepare the book or is it done internally by staff? i) If done by staff, how long does it take to complete the CAFR (from start to finish)? Is CAFR software used? ii) If done by the external auditor, how much is the fee to do so? c) Has the level of effort increased significantly with INFOR and, if so, what are the contributing causes? d) Would it be cost justified to acquire CAFR software? 6) DIVISIONS: For each of the divisions, provide answers to the following questions: a) Are there reasonable controls, checks and balances, and review procedures? b) How does performance compare relative to other major Texas cities? c) Is the level of effort devoted to routinely process the following reasonable, and are there opportunities to refine or further automate the following: an invoice, bill, accounting transactions, fixed assets, payroll, monthly/quarterly grant reporting, daily cash management transactions, or central cashiering payments. d) Do our work processes and procedures align with our technology? If not, how can it be fixed? e) Can we outsource parts of the Finance Department? Which parts and would it be cost effective to do so? a) UTILIY BILLING OFFICE (UBO): i) Do UBO customer service representatives have easy access to accurate customer account records sufficient to provide quality and timely service? ii) Are utility receivables adequately managed? This would include determining whether collection and receivable criteria are established and routinely monitored. iii) Are monthly reports of water revenues by rate class of sufficient quality and detail to support cost of service analysis? iv) Is the current level of functionality provided in the new UBO system reasonable? v) Are the current reports going to be provided as part of the new system? vi) Is there adequate inter- and intra -departmental input and training provided as part of the new system? vii) Do any major deficiencies or issues exist as part of the new system rollout which we are not aware? b) PURCHASING: i) Are there significant opportunities to increase the efficiency of the procurement process? If so, how? ii) Are purchasing procedures adequately documented and communicated to City departments? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Is the training provided to departments adequate to support departmental compliance with new procedures given that the City moved from a decentralized to centralized purchasing process? c) WAREHOUSE: i) Is the Purchasing Division's Warehouse structured appropriately and is the location appropriate? How does it compare to other Texas cities? ii) Are there significant opportunities to increase the efficiency of the City's warehouse? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Are procedures for utilizing the City's warehouse adequately documented and communicated to City departments? v) Is the training provided to departments adequate for utilization of the City's warehouse? vi) Are we being efficient? If not, are there better ways to do this work? d) ACCOUNTS PAYABLE: i) Is the time and effort to routinely process accounts payable reasonable? ii) Is additional departmental training needed? e) ACCOUNTS RECEIVABLE / COLLECTIONS: i) Is the time and effort to routinely process monthly billing reasonable? ii) Is additional departmental training needed? iii) Are the City's collection rates for utilities and miscellaneous receivables comparable to other Texas cities? iv) Are all accounts receivables centralized in other Texas cities or are they decentralized like in Corpus Christi? f) ACCOUNTING: i) Is the number and type of journal entries reasonable? ii) Is the monthly/quarterly "close-out" time reasonable so that departments may obtain adequate financial statements? iii) Is our "close-out" time reasonable compared to other Texas cities? g) PAYROLL: i) Is the frequency of payroll errors or adjustments reasonable? ii) Does there appear to be duplication of effort between the centralized payroll processing in Finance and payroll activities within the other City departments? iii) Are systems in place to identify "ghost employees"? h) GRANTS: i) Are the number and type of journal entries reasonable? ii) Is our "close-out" time and preparation of the Schedule of Federal and State Expenditures of Awards reasonable compared to other Texas cities? i) CASH MANAGEMENT: i) Is the level of effort devoted to investing City funds reasonable, and are there significant opportunities for automation or improvement? ii) Is the level of effort devoted to printing checks, doing wires, and doing ACH transactions reasonable, and are there significant opportunities for automation or improvement? iii) Are the number and type of cash interfaces and daily reconciliations reasonable? j) CENTRAL CASHIERING: i) How does the collection of payments in person, on-line, by telephone, through the lock -box (mail -in payments), and at substations compare to other Texas cities? Assessment of the Efficiency & Effectiveness of the City of Corpus Christi's Financial Services Department Council Presentation September 15, 2015 Process Overview of Annual Competitive Assessments • Annually select department or service • Develop scope & issue RFP • Select consultant • Do assessment - Identify gaps in best practices & analyze - Benchmark against other organizations - Develop recommendations for improvement - Issue formal report • Department develops & implements action plan to close competitive gap Overall Goals of Annual Competitive Assessments • Provide City services competitive in quality and price • Adopt best practices • Instill culture of continuous improvement Prior Assessments Using Industry Experts Fiscal Year 2010-11: MIS Competitive; $700 k in cost saving recommendations Fiscal Year 2010-11: FLEET SERVICES Competitive; "rightsizing" downsized fleet by 8% Fiscal Year 2011-12: SOLID WASTE SERVICES No further privatization warranted; recommendations resulting in cost savings from $1.2 M to $2.9 M Fiscal Year 2013-14: FIRE DEPARTMENT 28 recommendations to improve organization and service delivery Scope & Objectives of Financial Services Assessment • How well is the Department performing core services in all operational areas? Utility Billing, Purchasing, Warehouse, Accounts Payable, Accounts Receivable/ Collections, Accounting, Payroll, Grants, Cash Management & Central Cashiering • Focus areas include organization & support of the Department, staffing levels, policies, procedures and process flows, financial performance reporting, and CAFR preparation Scope & Objectives of Financial Services Assessment • Review objectives include obtaining answers to 63 specific questions covering each of the functional areas - Benchmarking and comparisons to other cities is included - The review will result in an improvement action plan • These competitive assessments are not similar to traditional financial or compliance reviews nor are they limited to evaluating existing policies, procedures or internal controls CLA, the Most Responsive & Qualified ✓ CLA is one of the nation's top 10 accounting firms ✓ CLA routinely conducts organizational studies & performance evaluations of a similar nature ✓ The project manager previously served as Deputy Director of Audit Services for the City/County of Denver where she managed performance auditing CLAconnect.com CliftonLarsonAllen Schedule V 7/18/2015 V 8/17/2015 V 8/27/2015 V 9/2/2015 9/22/2015 Oct. thru Feb Feb. 2016 Mar. 2016 RFP issued Proposals due to City Finalists interviewed Consultant selected by Team Contract award by City Council Consultant field work Consultant provides staff draft report Consultant provides final report & briefs Council Financial Services Competitive Assessment QUESTIONS? AGENDA MEMORANDUM City Council Meeting of September 15, 2015 DATE: TO: September 10, 2015 Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director Intergovernmental Relations tomtag@cctexas.com 361/826-3850 Sharon Bailey Lewis, Environmental Program Specialist, Environmental and Strategic Initiatives SharonL@cctexas.com 361/826-3850 Briefing on RESTORE Act STAFF PRESENTER(S): Name 1. Tom Tagliabue Title/Position Director Department Intergovernmental Relations 2. Sharon Bailey Lewis Environ. Program Specialist Environmental/ Strategic Initiatives OUTSIDE PRESENTER(S): Name Title/Position Organization 1. None BACKGROUND: The Resources and Ecosystem Sustainability Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) was enacted on July 6, 2012, in response to impacts arising from the BP Deepwater Horizon oil spill and the resulting restoration requirements. Congressional intent also established that the RESTORE Act is not just in response to the Deepwater Horizon incident, but also to address environmental and economic impacts as a result of decades of oil and gas development in the Gulf of Mexico. The Act is limited to the five coastal states on the Gulf of Mexico — Florida, Alabama, Mississippi, Louisiana and Texas. One of the most Page 1 of 3 common misperceptions of the RESTORE Act is that only areas directly impacted by the Deepwater Horizon spill are eligible for project funding. That is incorrect. Congressional intent was also to address environmental and economic impacts as a result of decades of oil and gas development in the Gulf of Mexico. The RESTORE Act dedicates 80 percent of all administrative and civil penalties related to the British Petroleum (BP) Deepwater Horizon spill to a Gulf Coast Restoration Trust Fund to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast region with funding divided into 5 "Buckets" • BUCKET 1 -- 35 percent of the money divided equally between the five Gulf States for ecological and economic restoration efforts in the region; • BUCKET 2 -- 30 percent of the money through the Council to implement a comprehensive plan for ecosystem and economic recovery of the Gulf Coast; • BUCKET 3 -- 30 percent of the money for States' plans to address based on impacts from the Deepwater Horizon oil spill; • BUCKET 4 -- 2.5 percent of the money to create the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring and Technology Program within the Department of Commerce's National Oceanic and Atmospheric Administration (NOAA); and • BUCKET 5 -- 2.5 percent of the money to the Centers of Excellence Research grants, which will each focus on science, technology, and monitoring related to Gulf restoration. (In June 2016, the two centers which were designated as Centers of Excellence by Governor Rick Perry, Texas OneGulf at Texas A&M University -Corpus Christi and the Subsea Systems Institute at the University of Houston, received a combined $4.036 million) On July 2, 2015, BP settled litigation with federal government and five coastal states for $18.7B. The Texas share is approximately $750M. This is in addition to the TransOcean settlement, which secured $56 million for Texas. The City held a public outreach meeting on April 10, 2013, at the Del Mar College Center for Economic Development to initiate the exercise of gathering information and gauging the interest in regional approaches that accomplish one or more of the five goals established by the RESTORE Act. More than 100 citizens attended and presented ideas and projects that addressed a variety of potential strategies for restoring the Gulf of Mexico. City staff is continuing to develop a list of strategies internally and giving the public more opportunities to provide ideas for projects. The Gulf Coast Ecosystem Restoration Council held a public hearing in Corpus Christi on August 20, 2015, at Texas A&M University -Corpus Christi — the only hearing held in Texas, on the draft funded priorities list (FPL) for Bucket 2. The list of projects focused on habitat and Water Quality. In Texas, projects include those located in Laguna Madre, Matagorda Bay, and Galveston Bay. The federal RESTORE Council placed a great deal of importance on leveraging of funding for projects. For every $1 the Council spends from Bucket 2 would build upon $7 of prior, concurrent, or future investments. Page 2 of 3 Staff previously submitted several projects for Buckets 1 and 2 consideration. These projects were the result of public input received in April 2013 and subsequent meetings with City staff and stakeholders. While none of these were selected by the RESTORE Council for Bucket 2 funding in the first round, future rounds hold opportunity for funding. We will also submit these projects for Texas (Bucket 1) consideration. These projects are not in priority order, but are developed with specific program emphasis, Under Aquatic Habitat Restoration, we proposed a regional partnership pilot oyster shell reclamation project for an oyster reef in Aransas Bay; making improvements to environmental flows to the Nueces Delta; renourishing McGee and North Beaches; and several projects for Oso Watershed Protection and Restoration. Under Integrated Water Quality Protection, City staff proposed several integrated stormwater management projects, including some drainage ditch improvements and low -impact development improvements to clean up stormwater discharges into Corpus Christi Bay. Under Community Resiliency, we submitted funding requests for disaster recovery and re- development planning, and several flood protection improvements. Over all, these three categories of project submittals total more than $150 million. At the August 20, 2015, RESTORE Council meeting in Corpus Christi, TCEQ Commissioner Toby Baker said the State of Texas would issue its framework and project priorities for Bucket 1 funds. Those were released the following day and are included as attachments to this memo. While much of Bucket 2 is focused on habitat and the environment, the State of Texas is placing great emphasis on the economic benefits of a project. This is an area where staff believes the City's emphasis on infrastructure projects that improve water quality which will benefit the tourism economy is well positioned to score well. The final discretionary authority on project scoring and selection rests with the Governor or his designee (Commissioner Toby Baker). Four public listening sessions are scheduled in September (see letter attached). The Corpus Christi session is Tuesday, September 29, 2015, from 6:30 — 8:30 p.m. at Texas A&M University -Corpus Christi. A call for projects will follow in early 2016 with project awards occurring in the summer of 2016. LIST OF SUPPORTING DOCUMENTS: 1. Presentation RESTORE Act Briefing 091515 2. Copy of RESTORE Act 2012 3. City of Corpus Christi RESTORE Act Timeline 4. Priorities for State -Controlled RESTORE Funded Projects 5. Framework for Implementing the RESTORE Act on the Texas Gulf Coast 6. List of submitted City of Corpus Christi RESTORE Act projects 7. Justin Ehrenwerth presentation from 08/21/15 public hearing in Corpus Christi 8. Copy of Commissioner Baker's letter to Mayor Martinez 08/21/15 Page 3 of 3 BRIEFING ON RESTORE ACT Council Presentation September 15, 2015 RESTORE Act Basics • The Resources and Ecosystem Sustainability Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) was enacted on July 6, 2012 • In response to the Deepwater Horizon incident and also addresses environmental and economic impacts as a result of decades of oil and gas development in the Gulf of Mexico. • Funds to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast region. Allocation of RESTORE Act Funding Transocean $1 billion -- Texas share is $56 million for Bucket BP $5.5 billion -- Texas share for Bucket 1 is estimated at $150 million. Clean Water Act Penalties 4 20% Oil Spill Liability Trust Fund 80% Gulf Coast Restoration Trust Fund 1 35% Equally distributed to 5 Gulf States (AL, FL, LA, M S , TX) 1 30%* Gulf Coast Ecosystem Restoration Council for ecosystem restoration 1 30% Impact based distribution to 5 Gulf States (AL, FL, LA, M S , TX) 1 2.5%* Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program 1 2.5%* Centers of Excellence *Supplemented by interest generated by the Trust Fund (50% to Gulf Coast Ecosystem Restoration Cou ncil, 25% to Science Program, 25% to Centers of Excellence) 3 Texas (Bucket 1) Priorities and Timeline ECONOMIC BENEFITS 25 points ENVIRONMENTAL BENEFITS 25 points COMPREHENSIVE FACTORS 20 points PROJECT LOGISTICS 20 points COMMUNITY ENGAGEMENT 20 points September 29 Texas RESTORE Council Listening Session TAMUCC University Center 6:30 p.m. to 8:30 p.m. October 9 Public Comment deadline Early 2016 Request For Grant Applications Anticipated Summer 2016 Award of Bucket 1 Grants City Project Submittals PROGRAM AREA IMPEMENTATION PROGRAM / PROJECT NAME PROJECT BUDGET Estimated AQUATIC Downtown Bay Beach Restoration Program HABITAT RESTORATION Oso Watershed Protection and Restoration Program Pilot Oyster Shell Reclamation for Reef Restoration Program Strategic improvements Program to restore environmental flows to Nueces Delta Oso Bay Nature Preserve Wetland Restoration Oso Bay Nature Preserve Learning Center and Wetlab Oso Water Reclamation Plant Ammonia 6 -year Removal $665,000 $250,000 $4,231,250 $100,158 $927,938 $8,000,000 PROGRAM AREA IMPEMENTATION PROGRAM / PROJECT NAME PROJECT BUDGET Estimated Development of a Disaster Recovery and Re -development Plan COMMUNITY Flood Defense Program RESILIENCY Downtown Flood Protection Improvements Salt Flats Levee System, Phase 2 $585,000 $102,420,000 $3,565,000 City Project Submittals PROGRAM AREA IMPEMENTATION PROGRAM / PROJECT NAME PROJECT BUDGET Estimated INTEGRATED WATER QUALITY PROTECTION Integrated Stormwater Solutions Program I. Strategic Planning Projects Update Draft Stormwater Master Plan w/ Green Infrastructure Design Criteria II. Capital Infrastructure Projects $650,000 Schanen Ditch Improvements $6,900,000 Master Ditch 31 Excavation $3,000,000 Downtown Drainage Improvements, Phase 3 $25,500,000 Street Sweeper Purchase $245,000 Installation of Trash Skimmers in Corpus Christi Marina $192,321 III. Watershed Protection/Green Infrastructure Projects Low Impact Development (LID) Improvement to the $225,000 Coliseum Watershed (South Bluff Park) Community -wide Residential Rainwater Harvesting Program $185,000 Issues for Council Consideration Confirm priorities: Water Resource Quality and Quantity and Economic Restoration and Sustainability Prioritization of previously submitted projects. Suggest additional projects : • Residential Septic Tanks Conversion Grant • Outfall discharge to Corpus Christi Bay (partnership with NASCC) • Affordable housing incentives • Purchase of severe repetitive loss flooded properties O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 187 tion of, or afford access to, an automotive service station or other commercial establishment.'; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: "(b) REST AREAS.— "(1) IN GENERAL. Notwithstanding subsection (a), the Sec- retary shall permit a State to acquire, construct, operate, and maintain a rest area along a highway on the Interstate System in such State. "(2) LIMITED ACTIVITIES.—The Secretary shall permit lim- ited commercial activities within a rest area under paragraph (1), if the activities are available only to customers using the rest area and are limited to— "(A) commercial advertising and media displays if such advertising and displays are— "(i) exhibited solely within any facility constructed in the rest area; and "(ii) not legible from the main traveled way; "(B) items designed to promote tourism in the State, limited to books, DVDs, and other media; "(C) tickets for events or attractions in the State of a historical or tourism -related nature; "(D) travel -related information, including maps, travel booklets, and hotel coupon booklets; and "(E) lottery machines, provided that the priority af- forded to blind vendors under subsection (c) applies to this subparagraph. "(3) PRIVATE OPERATORS.—A State may permit a private party to operate such commercial activities. "(4) LIMITATION ON USE OF REVENUES.—A State shall use any revenues received from the commercial activities in a rest area under this section to cover the costs of acquiring, con- structing, operating, and maintaining rest areas in the State.". (b) CONTROL OF OUTDOOR ADVERTISING.—Section 131(i) of title 23, United States Code, is amended by adding at the end the fol- lowing: "A State may permit the installation of signs that acknowledge the sponsorship of rest areas within such rest areas or along the main traveled way of the system, provided that suchsigns shall not affect the safe and efficient utilization of the Interstate System and the primary system. The Secretary shall establish criteria for the instal- lation of such signs on the main traveled way, including criteria pertaining to the placementt of rest area sponsorship acknowledg- ment signs in relation to the placement of advance guide signs for rest areas.". Subtitle F—Gulf Coast Restoration SEC. 1601. SHORT TITLE. This subtitle may be cited as the "Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012". O:\CEL\CEL12743.xml iIfile 4 of 10] S.L.C. 188 SEC. 1602. GULF COAST RESTORATION TRUST FUND. (a) ESTABLISHMENT.—There is established in the Treasury of the United States a trust fund to be known as the "Gulf Coast Res- toration Trust Fund" (referred to in this section as the "Trust Fund"), consisting of such amounts as are deposited in the Trust Fund under this Act or any other provision of law. (b) TRANSFERS.—The Secretary of the Treasury shall deposit in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date of en- actment of this Act in connection with the explosion on, and sinking of the mobile offshore drilling unit Deepwater Horizon pursuant to a court order, negotiated settlement, or other instrument in accord- ance with section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321). (c) EXPENDITURES. Amounts in the Trust Fund, including in- terest earned on advances to the Trust Fund and proceeds from in- vestment under subsection (d), shall— (1) be available for expenditure, without further appropria- tion, solely for the purpose and eligible activities of this subtitle and the amendments made by this subtitle; and (2) remain available until expended, without fiscal year limitation. (d) INVESTMENT. Amounts in the Trust Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be available for expenditure in accordance with this subtitle and the antendrnents made by this subtitle. (e) ADMINISTRATION --Not later than 180 days after the date of enactment of this Act, after providing notice and an opportunity for public comment, the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall establish such procedures as the Secretary determines to be nec- essary to deposit amounts in, and expend amounts from, the Trust Fund pursuant to this subtitle, including— (1) procedures to assess whether the programs and activi- ties carried out under this subtitle and the amendments made by this subtitle achieve compliance with applicable require- ments, including procedures by which the Secretary of the Treasury may determine whether an expenditure by a Gulf Coast State or coastal political subdivision (as those terms are defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to such a program or activity achieves compliance; (2) auditing requirements to ensure that amounts in the Trust Fund are expended as intended; and (3) procedures for identification and allocation of funds available to the Secretary under other provisions of law that may be necessary to pay the administrative expenses directly at- tributable to the management of the Trust Fund. (f) SUNSET.—The authority for the Trust Fund shall terminate on the date all funds in the Trust Fund have been expended. SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC RECOVERY. Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended— O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 189 (1) in subsection (a)— (A) in paragraph (25)(B), by striking "and" at the end; (B) in paragraph (26)(D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: "(27) the terra 'best available science' means science that— "(A) maximizes the quality, objectivity, and integrity of information, including statistical information; "(B) uses peer-reviewed and publicly available data; and "(C) clearly documents and communicates risks and uncertainties in the scientific basis for such projects; "(28) the term `Chairperson' means the Chairperson of the Council; "(29) the term `coastal political subdivision' paeans any local political jurisdiction that is immediately below the State level of government, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico; "(30) the term `Comprehensive Plan' means the comprehen- sive plan developed by the Council pursuant to subsection (t); "(31) the term `Council' means the Gulf Coast Ecosystem Restoration Council established pursuant to subsection (t); "(32) the term 'Deepwater Horizon oil spill' means the blow- out and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydro- carbon releases into the environment; "(33) the term `Gulf Coast region' means— "(A) in the Gulf Coast States, the coastal zones (as that term is defined in section 304 of the Coastal Zone Manage- ment Act of 1972 (16 U.S.C. 1453)), except that, in this sec- tion, the term coastal zones' includes land within the coast- al zones that is held in trust by, or the use of which is by law subject solely to the discretion of, the Federal Govern- ment or officers or agents of the Federal Government)) that border the Gulf of Mexico; "(13) any adjacent land, water, and watersheds, that are within 25 miles of the coastal zones described in sub- paragraph (A) of the Gulf Coast States; and `(C) all Federal waters in the Gulf of Mexico; "(34) the terra `Gulf Coast State' means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas; and "(35) the terra `Trust Fund' means the Gulf Coast Restora- tion Trust Fund established pursuant to section 1602 of the Re- sources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012."; (2) in subsection (s), by inserting "except as provided in subsection (t)" before the period at the end; and (3) by adding at the end the following: "(t) GULF COAST RESTORATION AME) RECOVERY. ---- "(1) STATE ALLOCATION AND EXPENDITURES.— "(A) IN GENERAL.—Of the total amounts made avail- able in any fiscal year from the Trust Fund, 35 percent shall be available, in accordance with the requirements of this section, to the Gulf Coast States in equal shares for ex- O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 190 penditure for ecological and economic restoration of the Gulf Coast region in accordance with this subsection. "(B) USE OF FUNDS.— "(i) ELIGIBLE ACTIVITIES IN THE GULF COAST RE- GION.—Subject to clause (iii), amounts provided to the Gulf Coast States under this subsection may only be used to carry out 1 or more of the following activities in the Gulf Coast region: "(I) Restoration and protection of the natural resources, ecosystems, fisheries, marine and wild- life habitats, beaches, and coastal wetlands of the Gulf Coast region. "(II) Mitigation of damage to fish, wildlife, and natural resources. "(III) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring. "(IV) Workforce development and job creation. "(V) Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill. "(VI) Infrastructure projects benefitting the economy or ecological resources, including port in- frastructure. "(VII) Coastal flood protection and related in- frastructure. "(VIII) Planning assistance. "(IX) Administrative costs of complying with this subsection. "(ii) ACTIVITIES TO PROMOTE TOURISM AND SEA- FOOD IN THE GULF COAST REGION. Amounts provided to the Gulf Coast States under this subsection may be used to carry out 1 or more of the following activities: "(I) Promotion of tourism in the Gulf Coast Region, including recreational fishing. "(II) Promotion of the consumption of seafood harvested from the Gulf Coast Region. "(iii) LIMITATION.— "(I) IN GENERAL.—Of the amounts received by a Gulf Coast State under this subsection, not more than 3 percent may be used for administrative costs eligible under clause (i)(IX). "(II) CLAIMS FOR COMPENSATION. Activities funded under this subsection may not be included in any claim for compensation paid out by the Oil Spill Liability Trust Fund after the date of enact- ment of this subsection. "(C) COASTAL POLITICAL SUBDIVISIONS.— "(i) DISTRIBUTION. In the case of a State where the coastal zone includes the entire State- "(I) 75 percent of funding shall be provided di- rectly to the 8 disproportionately affected counties impacted by the Deepwater Horizon oil spill; and O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 191 "(II) 25 percent shall be provided directly to nondisproportionately impacted counties within the State. "(ii) NONDISPROPORTIONATELY IMPACTED COUN- TIES.—The total amounts made available to coastal po- litical subdivisions in the State of Florida under clause (i)(II) shall be distributed according to the following weighted formula: "(I) 34 percent based on the weighted average of the population of the county. "(II) 33 percent based on the weighted average of the county per capita sales tax collections esti- mated for fiscal year 2012. "(11I) 33 percent based on the inverse propor- tion of the weighted average distance from the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline. "(D) LoUISIANA.— "(i) IN GENERAL.—Of the total amounts made available to the State of Louisiana under this para- graph: "(I) 70 percent shall be provided directly to the State in accordance with this subsection. "(II) 30 percent shall be provided directly to parishes in the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the State of Louisiana accord- ing to the following weighted formula: "(aa) 40 percent based on the weighted av- erage of miles of the parish shoreline oiled. "(bb) 40 percent based on the weighted av- erage of the population of the parish. "(cc) 20 percent based on the weighted av- erage of the land mass of the parish. "(ii) CONDITIONS.— "(I) LAND USE PLAN. As a condition of receiv- ing amounts allocated under this paragraph, the chief executive of the eligible parish shall certify to the Governor of the State that the parish has com- pleted a comprehensive land use plan. "(II) OTHER CONDITIONS.—A coastal political subdivision receiving funding under this para- graph shall meet all of the conditions in subpara- graph (E). "(E) CONDITIONS. As a condition of receiving amounts from the Trust Fund, a Gulf Coast State, including the en- tities described in subparagraph (F), or a coastal political subdivision shall— "(i) agree to meet such conditions, including audit requirements, as the Secretary of the Treasury deter- mines necessary to ensure that amounts disbursed from the Trust Fund will be used in accordance with this subsection; "(ii) certify in such form and in such manner as the Secretary of the Treasury determines necessary that O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 192 the project or program for which the Gulf Coast State or coastal political subdivision is requesting amounts --- "(I) is designed to restore and protect the nat- ural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast; "(II) carries out 1 or more of the activities de- scribed in clauses (i) and (ii) of subparagraph (B); "(III) was selected based on meaningful input from the public, including broad-based participa- tion from individuals, businesses, and nonprofit organizations; and "(117) in the case of a natural resource protec- tion or restoration project, is based on the best available science; "(iii) certify that the project or program and the awarding of a contract for the expenditure of amounts received under this paragraph are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, includ- ing all applicable competitive bidding and audit re- quirements; and "(iv) develop and submit a multiyear implementa- tion plan for the use of such amounts, which may in- clude milestones, projected completion of each activity, and a mechanism to evaluate the success of each activ- ity in helping to restore and protect the Gulf Coast re- gion impacted by the Deepwater Horizon oil spill. "(F) APPROVAL BY STATE ENTITY, TASK FORCE, OR AGEN- CY.—The following Gulf Coast State entities, task forces, or agencies shall carry out the duties of a Gulf Coast State pursuant to this paragraph: "(i) ALABAMA.— "(I) IN GENERAL.—In the State of Alabama, the Alabama Gulf Coast Recovery Council, which shall be comprised of only the following: "(aa) The Governor of Alabama, who shall also serve as Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council. "(bb) The Director of the Alabama State Port Authority, who shall also serve as Vice Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council in the absence of the Chairperson. "(cc) The Chairman of the Baldwin Coun- ty Commission. "(dd) The President of the Mobile County Commission. "(ee) The Mayor of the city of Bayou La Batre. "(ff) The Mayor of the town of Dauphin Is- land. "(gg) The Mayor of the city of Fairhope. "(hh) The Mayor of the city of Gulf Shores. O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 193 "(ii) The Mayor of the city of Mobile. "0j) The Mayor of the city of Orange Beach. "(II) VOTE. Each member of the Alabama Gulf Coast Recovery Council shall be entitled to 1 vote. "(III) MAJORITY VOTE. All decisions of the Alabama Gulf Coast Recovery Council shall be made by majority vote. "(IV) LIMITATION ON ADMINISTRATIVE EX- PENSES.—Administrative duties fbr the Alabama Gulf Coast Recovery Council may only be per- formed by public officials and employees that are subject to the ethics laws of the State of Alabama. "(ii) LOUISIANA.—In the State of Louisiana, the Coastal Protection and Restoration Authority of Lou- isiana. "(iii) MISSISSIPPI. In the State of Mississippi, the Mississippi Department of Environmental Quality. "(iv) TEXAS. In the State of Texas, the Office of the Governor or an appointee of the Office of the Gov- ernor. "(G) COMPLIANCE WITH ELIGIBLE ACTIVITIES.—If the Secretary of the Treasury determines that an expenditure by a Gulf Coast State or coastal political subdivision of amounts made available under this subsection does not meet one of the activities described in clauses (i) and (ii) of subparagraph (B), the Secretary shall make no additional amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until such time as an amount equal to the amount expended for the unauthorized use— "(i) has been deposited by the Gulf Coast State or coastal political subdivision in the Trust Fund; or "(ii) has been authorized by the Secretary of the Treasury for expenditure by the Gulf Coast State or coastal political subdivision for a project or program that meets the requirements of this subsection. "(H) COMPLIANCE WITH CONDITIONS.—If the Secretary of the Treasury determines that a Gulf Coast State or coast- al political subdivision does not meet the requirements of this paragraph, including the conditions of subparagraph (E), where applicable, the Secretary of the Treasury shall make no amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until all conditions of this paragraph are met. "(I) PUBLIC INPUT.—In meeting any condition of this paragraph, a Gulf Coast State may use an appropriate pro- cedure for public consultation in that Gulf Coast State, in- cluding consulting with one or more established task forces or other entities, to develop recommendations for proposed projects and programs that would restore and protect the natural resources, ecosystems, fisheries, marine and wild- life habitats, beaches, coastal wetlands, and economy of the Gulf Coast. O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 194 "(J) PREVIOUSLY APPROVED PROJECTS AND PRO- GRAMS.—A Gulf Coast State or coastal political subdivision shall be considered to have met the conditions of subpara- graph (E) for a specific project or program if, before the date of enactment of the Resources and Ecosystems Sus- tainability, Tourist Opportunities; and Revived Economies of the Gulf Coast States Act of 2012— "(1) the Gulf Coast State or coastal political sub- division has established conditions for carrying out projects and programs that are substantively the same as the conditions described in subparagraph (E); and "(ii) the applicable project or program carries out 1 or more of the activities described in clauses (i) and (ii) of subparagraph (B). "(I) LOCAL PREFERENCE.—Ill awarding contracts to carry out a project or program under this paragraph, a Gulf Coast State or coastal political subdivision may give a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in, busi- ness in the State of project execution. "(L) UNUSED FUNDS.—Funds allocated to a State or coastal political subdivision under this paragraph shall re- main in the Trust Fund until such time as the State or coastal political subdivision develops and submits a plan identifying uses for those funds in accordance with sub- paragraph (E)(iv). (M) JUDICIAL REVIEW: If the Secretary of the Treas- ury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this para- graph, including the conditions of subparagraph (E), the Gulf Coast State or coastal political subdivision may obtain expedited judicial review within 90 days after that decision in a district court of the United States, of appropriate juris- diction and venue, that is located within the State seeking the review. "(N) COST-SHARING.— "(i) IN GENERAL.—A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available under this paragraph to that Gulf Coast State or coastal political subdivision to sat- isfy the non -Federal share of the cost of any project or program authorized by Federal law that is an eligible activity described in clauses (i) and (ii) of subpara- graph (B). "(ii) EFr1CT ON OTHER FUNDS.—The use of funds made available from the Trust Fund to satisfy the non - Federal share of the cost of a project or program that meets the requirements of clause (a) shall not affect the priority in which other Federal funds are allocated or awarded. "(2) COUNCIL ESTABLISHMENT AND ALLOCATION.— "(A) IN GENERAL. --Of the total amount made available in any fiscal year from the Trust Fund, 30 percent shall be disbursed to the Council to carry out the Comprehensive Plan. O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 195 "(B) COUNCIL EXPENDITURES.— '1(1) IN GENERAL—In accordance with this para- graph, the Council shall expend funds made available from the Trust Fund to undertake projects and pro- grams, using the best available science, that would re - stare and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. "(ii) ALLOCATION AND EXPENDITURE PROCE- DURES.—The Secretary of the Treasury shall develop such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to en- sure that amounts disbursed from the Trust Fund to the Council to implement the Comprehensive Plan will be used in accordance with this paragraph. "(iii) ADMINISTRATIVE EXPENSES.—Of the amounts received by the Council under this paragraph, not more than 3 percent may be used for administrative ex- penses, including staff "(C) GULF COAST ECOSYSTEM RESTORATION COUNCIL.— "(i) ESTABLISHMENT.—There is established as an independent entity in the Federal Government a coun- cil to be known as the 'Gulf Coast Ecosystem Restora- tion Council'. "(ii) MEMBERSHIP.—The Council shall consist of the following members, or in the case of a Federal agency, a designee at the level of the Assistant Sec- retary or the equivalent: "(I) The Secretary of the Interior. "(II) The Secretary of the Army. "(III) The Secretary of Commerce. "(IV) The Administrator of the Environmental Protection Agency. "(V) The Secretary of Agriculture. "(VI) The head of the department in which the Coast Guard is operating. "(VII) The Governor of the State of Alabama. "(VIII) The Governor of the State of Florida. "(IX) The Governor of the State of Louisiana. "(X) The Governor of the State of Mississippi. "(XI) The Governor of the State of Texas. "(iii) ALTERNATE.—A Governor appointed to the Council by the President may designate an alternate to represent the Governor on the Council and vote on be- half of the Governor. "(iv) CHAIRPERSON.—From among the Federal agency members of the Council, the representatives of States on the Council shall select, and the President shall appoint, 1 Federal member to serve as Chair- person of the Council. "(v) f RESIDENTIAL APPOINTMENT. All Council members shall be appointed by the President. "(vi) COUNCIL ACTIONS.— "(I) IN GENERAL—The following actions by the Council shall require the affirmative vote of the O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 196 Chairperson and a majority of the State members to be effective: "(aa) Approval of a Comprehensive Plan and future revisions to a Comprehensive Plan. "(bb) Approval of State plans pursuant to paragraph (3)(B)(iv). "(cc) Approval of reports to Congress pur- suant to clause (vii)(VII). "(dd) Approval of transfers pursuant to subparagraph (E)(ii)(I). "(ee) Other significant actions determined by the Council. "(II) QUORUM.—A majority of State members shall be required to be present for the Council to take any significant action. "(III) AFFIRMATIVE VOTE REQUIREMENT CON- SIDERED MET.—For approval of State plans pursu- ant to paragraph (3)(B)(iv), the certification by a State member of the Council that the plan satisfies all requirements of clauses (i) and (ii) of para- graph (3)(B), when joined by an affirmative vote of the Federal Chairpersonof the Council, shall be considered to satisfy the requirements for affirma- tive votes under subclause (I). "(N) PUBLIC TRANSPARENCY. Appropriate ac- tions of the Council, including significant actions and associated deliberations, shall be made avail- able to the public via electronic means prior to any vote. "(vii) DUTIES OF COUNCIL.—The Council shall— "(I) develop the Comprehensive Plan and fu- ture revisions to the Comprehensive Plan; "(II) identify as soon as practicable the projects that— "(aa) have been authorized prior to the date of enactment of this subsection but not yet commenced; and "(bb) if implemented quickly, would re- store and protect the natural resources, eco- systems, sheries, marine and wildlife habi- tats, beaches, barrier islands, dunes, and coastal wetlands of the Gulf Coast region; "(III) establish such other 1 or more advisory committees as may be necessary to assist the Coun- cil, including a scientific advisory committee and a committee to advise the Council on public policy issues; "(IV) collect and consider scientific and other research associated with restoration of the Gulf Coast ecosystem, including research, observation, and monitoring carried out pursuant to sections 1604 and 1605 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 197 "(V) develop standard terms to include in con- tracts for projects and programs awarded pursu- ant to the Comprehensive Plan that provide a pref- erence to individuals and companies that reside in, are headquartered in, or are principally engaged in business in a Gulf Coast State; "(VI) prepare an integrated financial plan and recommendations for coordinated budget requests for the amounts proposed to be expended by the Federal agencies represented on the Council for projects and programs in the Gulf Coast States; and "(VII) submit to Congress an annual report that— "(aa) summarizes the policies, strategies, plans, and activities for addressing the res- toration and protection of the Gulf Coast re- gion; "(bb) describes the projects and programs being implemented to restore and protect the Gulf Coast region, including— "(AA) a list of each project and pro- gram; "(BB) an identification of the funding provided to projects and programs identi- fied ied in subitem (AA); "(CC) an identification of each recipi- ent for funding identified in subitem (BB); and "(DD) a description, of the length of time and funding needed to complete the objectives of each project and program identified in subitem (AA); "(cc) makes such recommendations to Con- gress for modifications of existing laws as the Council determines necessary to implement the Comprehensive Plan; "(dd) reports on the progress on implemen- tation of each project or program— "(AA) after 3 years of ongoing activity of the project or program, if applicable; and "(BB) on completion of the project or program; "(ee) includes the information required to be submitted under section 1605(c)(4) of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; and "(ff) submits the reports required under item (dd) to— "(AA) the Committee on Science, Space, and Technology, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 198 the Committee on Appropriations of the House of Representatives; and "(BB) the Committee on Environment and Public Works, the Committee on Com- merce, Science, and Transportation, the Committee on Energy and Natural Re- sources, and the Committee on Appropria- tions of the Senate. "(viii) APPLICATION OF FEDERAL ADVISORY COM- MITTEE ACT.—The Council, or any other advisory com- mittee established under this subparagraph, shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). "(ix) SUNSET.—The authority for the Council, and any other advisory committee established under this subparagraph, shall terminate on the date all funds in the Trust Fund have been expended. "(D) COMPREHENSIVE PLAN.— "(i) PROPOSED PLAN.— "(I) IN GENERAL. Not later than 180 days after the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, the Chairperson, on behalf of the Council and after appropriate public input, review, and comment, shall publish a proposed plan to re- store and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. "(II) INGLUSIONs.—The proposed plan de- scribed in subclause (I) shall include and incor- porate the findings and information prepared by the President's Gulf Coast Restoration Task Force. "(ii) PUBLICATION.— "(I) INITIAL PLAN. Not later than 1 year after the date of enactment of the Resources and Eco- systems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 and after notice and opportunity for public comment, the Chairperson, on behalf of the Coun- cil and after approval by the Council, shall pub- lish in the Federal Register the initial Comprehen- sive Plan to restore and protect the natural re- sources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. "(II) COOPERATION WITH GULF COAST RESTORA- TION TASK FORCE.—The Council shall develop the initial Comprehensive Plan in close coordination with the President's Gulf Coast Restoration Task Force. "(III) CONSIDERATIONS. In developing the ini- tial Comprehensive Plan and subsequent updates, the Council shall consider all relevant findings, re- ports, or research prepared or funded under sec- O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 199 tion 1604 or 1605 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. "(TV) CONTENTS.—The initial Comprehensive Plan shall include— "(aa) such provisions as are necessary to fully incorporate in the Comprehensive Plan the strategy, projects, and programs rec- ommended by the President's Gulf Coast Res- toration Task Force; "(bb) a list of any project or program au- thorized prior to the date of enactment of this subsection but not yet commenced, the comple- tion of which would further the purposes and goals of this subsection and of the Resources and Ecosystems Sustainability, Tourist Oppor- tunities, and Revived Economies of the Gulf Coast States Act. of 2012; "(cc) a description of the manner in which amounts from the Trust Fund projected to be made available to the Council for the suc- ceeding 10 years will be allocated; and "(dd) subject to available funding in ac- cordance with clause (ill), a prioritized list of specific projects and programs to be funded and carried out during the 3 -year period im- mediately following the date of publication of the initial Comprehensive Plan, including a table that illustrates the distribution of projects and programs by the Gulf Coast State. "(V) PLAN UPDATES.—The Council shall up- date— "(aa) the Comprehensive Plan every 5 years in a manner comparable to the manner established in this subparagraph for each 5 - year period for which amounts are expected to be made available to the Gulf Coast States from the Trust Fund; and "(bb) the 3 -year list of projects and pro- grams described in subclause (IV)(dd) annu- ally. "(iii) RESTORATION PRIORITIES.—Except for projects and progranz.s described in clause (ii)(IV)(bb), in selecting projects and programs to include on the 3 - year list described in clause (ii)(IV)(dd), based on the best available science, the Council shall give highest priority to projects that address 1 or more of the fol- lowing criteria: "(I) Projects that are projected to make the greatest contribution to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wet- lands of the Gulf Coast region, without regard to geographic location within the Gulf Coast region. O:\CEL\CEL12743.xml [file 4 of 10] S.L.C.. 200 "(II) Large-scale projects and programs that are projected to substantially contribute to restor- ing androtecting the natural resources, eco- systems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. VII) Projects contained in .existing Gulf Coast State comprehensive plans for the restoration and protection of natural resources, ecosystems, fish- eries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. "(IV) Projects that restore long-term resiliency of the natural resources, ecosystems, fisheries, ma- rine and wildlife habitats, beaches, and coastal wetlands most impacted by the Deepwater Horizon oil spill. "(E) IMPLEMENTATION.— "(i) IN GENERAL.—The Council, acting through the Federal agencies represented on the Council and Gulf Coast States, shall expend funds made available from the Trust Fund to carry out projects and programs adopted in the Comprehensive Plan. "(ii) ADMINISTRATIVE RESPONSIBILITY.— "(I) IN GENERAL. Primary authority and re- sponsibility for each project and program included in the Comprehensive Plan shall be assigned by the Council to a Gulf Coast State represented on the Council or a Federal agency. "(II) TRANSFER OF AMOUNTS. Amounts nec- essary to carry out each project or program in- cluded in the Comprehensive Plan shall be trans- ferred by the Secretary of the Treasury from the Trust Fund to that Federal agency or Gulf Coast State as the project or program is implemented, subject to such conditions as the Secretary of the. Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, estab- lished pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportuni- ties, and Revived Economies of the Gulf Coast States Act of 2012. "(III) LIMITATION ON TRANSFERS.— "(aa) GRANTS TO NONGOVERNMENTAL EN- TITIES.—In the case of funds transferred to a Federal or State agency under subclause (II), the agency shall not make 1 or more grants or cooperative agreements to a nongovernmental entity if the total amount provided to the enti- ty would equal or exceed 10 percent of the total amount provided to the agency for that par- ticular project or program, unless the 1 or more grants have been reported in accordance with item (bb). "(bb) REPORTING OF GRANTEES. At least 30 days prior to making a grant or entering O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 201 into a cooperative agreement described in item (aa), the name of each grantee, including the amount and purpose of each grant or coopera- tive agreement, shall be published in the Fed- eral Register and delivered to the congres- sional committees listed in subparagraph (C)(vii)(VII)(ff). "(cc) ANNUAL REPORTING OF GRANTEES.— Annually, the name of eachantee, including the amount and purposes of grant or co- operative agreement, shall be published in the Federal Register and delivered to Congress as part of the report submitted pursuant to sub- paragraph (C)(vii)(VID. "(IV) PROJECT AND PROGRAM LIMITATION.— The Council, a Federal agency, or a State may not carry out a project or program. funded under this paragraph outside of the Gulf Coast region. "(F) COORDINATION. --The Council and the Federal members of the Council may develop memoranda of under- standing establishing integrated funding and implementa- tion plans among the mernber agencies and authorities. "(3) OIL SPILL RESTORATION IMPACT ALLOCATION.— "(A) IN GENERAL.— "(i) DISBURSEMENT.—Of the total amount made available from the Trust Fund, 30 percent shall be dis- bursed pursuant to the formula in clause (ii) to the Gulf Coast States on the approval of the plan described in subparagraph (B)(i). "(ii) FORMULA.—Subjeet to subparagraph (B), for each Gulf Coast State, the amount disbursed under this paragraph shall be based on a formula established by the Councilby regulation that is based on a weight- ed average of the following criteria: (I) 40 percent based on the proportionate number of miles of shoreline in each Gulf Coast State that experienced oiling on or before April 10, 2011, compared to the total number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill. "(11) 40 percent based on the inverse propor- tion of the average distance from the mobile off- shore drilling unit Deepwater Horizon at the time of the explosion to the nearest and farthest point of the shoreline that experienced oiling of each Gulf Coast State. "(III) 20 percent based on the average popu- lation in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State. "(iii) MINIMUM ALLOCATION.—The amount dis- bursed to a Gulf Coast State for each fiscal year under clause (ii) shall be at least 5 percent of the total amounts made available under this paragraph. "(B) DISBURSEMENT OF FUNDS.— O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 202 "(i) IN GENERAL.—The Council shall disburse amounts to the respective Gulf Coast States in accord- ance with the formula developed under subparagraph (A) for projects, programs, and activities that will im- prove the ecosystems or economy of the Gulf Coast re- gion, subject to the condition that each Gulf Coast State submits a plan for the expenditure of amounts disbursed under this paragraph that meets the fol- lowing criteria: "(I) All projects, programs, and activities in- cluded in the plan are eligible activities pursuant to clauses (i) and (ii) of paragraph (1)(B). "(II) The projects, programs, and activities in- cluded in the plann contribute to the overall eco- nomic and ecological recovery of the Gulf Coast. "(III) The plan. takes into consideration the Comprehensive Plan and is consistent with, the goals and objectives of the Plan, as described in paragraph (2)(B)(i). "(ii) FUNDING.— "(I) IN GENERAL.—Except as provided in sub- clause (II), the plan described in clause (i) may use not mare than 25 percent of the funding made available for infrastructure projects eligible under subclauses (VI) and (VII) of paragraph (1)(B)(0. "(II) EXCEPTION.—The plan described in clause (i) may propose to use more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (VI) and (VII) of paragraph (1)(B)(i) if the plan certifies that— (aa) ecosystem restoration needs in the State will be addressed by the projects in the proposed plan; and "(bb) additional investment in infrastruc- ture is required to mitigate the impacts of the Deepwater Horizon Oil Spill to the ecosystem or economy. "(iii) DEVELOPMENT.—The plan described in clause (i) shall be developed by— "(I) in the State of Alabama, the Alabama Gulf Coast Recovery Council established under paragraph (1)(F+)(i); ' (II) in the State of Florida, a consortia of local political subdivisions that includes at a min- imum 1 representative of each affected county; "(III) in the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana; "(IV) in the State of Mississippi, the Office of the Governor or an appointee of the Office of the Governor; and "(V) in the State of Texas, the Office of the Governor or an appointee of the Office of the Gov- ernor. "(iv) APPROVAL. Not later than 60 days after the date on which a plan is submitted under clause (i), the O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 203 Council shall approve or disapprove the plan based on the conditions of clause (1). "(C) DISAPPROVAL.—If the Council disapproves a plan pursuant to subparagraph (B)(iv), the Council shall— "(i) provide the reasons for disapproval in writing; and "(ii) consult with the State to address any identi- fied deficiencies with the State plan. "(D) FAILURE TO SUBMIT ADEQUATE PLAN. If a State fails to submit an adequate plan under this paragraph, any funds made available under this paragraph shall remain in the Trust Fund until such date as a plan is submitted and approved pursuant to this paragraph. "(E) JUDICIAL REVIEW.—If the Council fails to approve or take action within 60 days on a plan, as described in subparagraph (B)(iv), the State may obtain expedited judi- cial review within 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. "(F) COST-SHARING.— "(i) IN GENERAL.—A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State or coastal political subdivision under this paragraph to satisfy the non -Federal share of any project or program that— "(I) is authorized by other Federal law; and "(II) is an eligible activity described in clause (i) or (ii) of paragraph (1)(B). "(ii) EFFECT ON OTHER FUNDS.—The use of funds made available from. the Trust Fund under this para- graph to satisfy the non -Federal share of the cost of a project or program described in clause (i) shall not af- fect the priority in which other Federal funds are allo- cated or awarded. "(4) AUTHORIZATION OF INTEREST TRANSFERS.—Of the total amount made available for any fiscal year from the Trust Fund that is equal to the interest earned by the Trust Fund and pro- ceeds from inve.stments made by the Trust Fund in the pre- ceding fiscal year— "(A) 50 percent shall be divided equally between— "(i) the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program au- thorized in section 1604 of the Resources and Eco- systems Sustainability, Tourist Opportunities, and Re- vived Economies of the Gulf Coast States Act of 2012; and "(ii) the centers of excellence research grants au- thorized in section. 1605 of that Act; and "(B) 50 percent shall be made available to the Gulf Coast Ecosystem Restoration Council to carry out the Com- prehensive Plan pursuant to paragraph (2).". SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSER- VATION, MONITORING, AND TECHNOLOGY PROGRAM. (a) DEFINITIONS. In this section: O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 204 (1) ADMINISTRATOR.—The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Ad- ministration. (2) COMMISSION.—The term "Commission" means the Gulf States Marine Fisheries Commission. (3) DIRECTOR.—The term "Director" means the Director of the United States Fish and Wildlife Service. (4) PROGRAM.—The term `program" means the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program established under this section. (b) ESTABLISHMENT OF PROGRAM.— (1) IN GENERAL. Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall establish the Gulf Coast Ecosystem Restora- tion Science, Observation, Monitoring, and Technology program to carry out research, observation, and monitoring to support, to the maximum extent practicable, the long-term sustainability of the ecosystem, fish stocks, fish habitat, and the recreational, commercial, and charter fishing industry in the Gulf of Mexico. (2) EXPENDITURE OF FUNDS.—For each fiscal year, amounts made available to carry out this subsection may be expended for, with respect to the Gulf of Mexico— (A) marine and estuarine research; (B) marine and estuarine ecosystem monitoring and ocean observation; (C) data collection and stock assessments; (D) pilot programs for— (i) fishery independent data; and (ii) reduction of exploitation of spawning aggrega- tions; and (E) cooperative research. (3) COOPERATION WITH THE COMMISSION. For each fiscal year, amounts made available -to carry out this subsection may be transferred to the Commission to establish a fisheries moni- toring and research program, with respect to the Gulf of Mexico. (4) CONSULTATION.—The Administrator and the Director shall consult with the Regional Gulf of Mexico Fishery Manage- ment Council and the Commission in carrying out the program. (c) SPECIES INCLUDED.—The research, monitoring, assessment, and programs eligible for amounts made available under the pro- gram shall include all marine, estuarine, aquaculture, and fish spe- cies in State and Federal waters of the Gulf of Mexico. (d) RESEARCH PRIORITIES.—In distributing funding under this subsection, priority shall be given to integrated, long-term projects that— (1) build on, or are coordinated with, related research ac- tivities; and (2) address current or anticipated marine ecosystem, fish- ery, or wildlife management information needs. (e) DUPLICATION.—In carrying out this section, the Adminis- trator, in consultation with the Director, shall seek to avoid duplica- tion of other research and monitoring activities. COORDINATION WITH OTHER PROGRAMS.—The Adminis- trator, in consultation with the Director, shall develop a plan for the coordination of projects and activities between the program and O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 205 other existing Federal and State science and technology programs in the States of Alabama, Florida, Louisiana, Mississippi, and Texas, as well as between the centers of excellence. (g) LIMITATION ON EXPENDITURES.— (1) IN GENERAL. Not more than 3 percent of funds pro- vided in subsection (h) shall be used for administrative ex- penses. (2) NOAA.—The funds provided in subsection (h) may not be used— (A) for any existing or planned research led by the Na- tional Oceanic and Atmospheric Administration, unless agreed to in writing by the grant recipient; (B) to implement existing regulations or initiate new regulations promulgated or proposed by the National Oce- anic and Atmospheric Administration; or (C) to develop or approve a new limited access privilege program (as that term is used in section 303A of the Mag- nuson -Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a)) for any shery under the jurisdiction of the South Atlantic, Mid Atlantic, New England, or Gulf of Mexico Fishery Management Councils. (h) FUNDING. --0f the total amount made available for each fis- cal year for the Gulf Coast Restoration Trust Fund established under section 1602, 2.5 percent shall be available to carry out the program. (i) SUNSET.—The program shall cease operations when all funds in the Gulf Coast Restoration Trust Fund established under section 1602 have been expended. SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS. (a) IN GENERAL.—Of the total amount made available for each fiscal year from the Gulf Coast Restoration Trust Fund established under section 1602, 2.5 percent shall be made available to the Gulf Coast States. (as defined in section 311(a) of the Federal Water Pol- lution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012)), in equal shares, exclusively for grants in accordance with subsection (c) to establish centers of excellence to conduct research only on the Gulf Coast Re- gion (as defined in section 311 of the Federal Water Pollution Con- trol Act (33. U.S.C. 1321)). (b) APPROVAL in' STATE ENTITY, TASK FORCE, OR AGENCY.—The duties of a Gulf Coast State under this section shall be carried out by the applicable Gulf Coast State entities, task forces, or agencies listed in section 311(t)(1)(F) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sus- tainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012), and for the State of Florida, a con- sortium of public and private research institutions within the State, which shall include the Florida Department of Environmental Pro- tection and the Florida Fish and Wildlife Conservation Commis- sion, for that Gulf Coast State. (c) GRANTS.— (1) IN GENERAL.—A Gulf Coast State shall use the amounts made available to carry out this section to award competitive grants to nongovernmental entities and consortia in the Gulf O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 206 Coast region (including public and private institutions of high- er education) for the establishment of centers of excellence as de- scribed in subsection (d). (2) APPLICATION.—To be eligible to receive a grant under this subsection, an entity or consortium described in paragraph (1) shall submit to a Gulf Coast State an application at such time, in such manner, and containing such information as the Gulf Coast State determines to be appropriate. (3) PRIORITY In awarding grants under this subsection, a Gulf Coast State shall give priority to entities and consortia that demonstrate the ability to establish the broadest cross-sec- tion of participants with interest and expertise in any discipline described in subsection (d) on which the proposal of the center of excellence will be focused. (4) REPORTING.— (A) IN GENERAL. Each Gulf Coast State shall provide annually to the Gulf Coast Ecosystem Restoration Council established under section 311(t)(2)(C) of the Federal Water Pollution Control Act (as added by section 1603 of the Re- sources and Ecosystems Sustainability, Tourist Opportuni- ties, and Revived Economies of the Gulf Coast States Act of 2012) information regarding all grants, including the amount, discipline or disciplines, and recipients of the grants, and in the case of any grant awarded to a consor- tium, the membership of the consortium. (B) INCLUSION.—The Gulf Coast Ecosystem Restoration Council shall include the information received under sub- paragraph (A) in the annual report to Congress of the Council required under section 311(t)(2)(C)(vii)(VII) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tour- ist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012). (d) DISCIPLINES.—Each center of excellence shall focus on science, technology, and monitoring in at least 1 of the following disciplines: (1) Coastal and deltaic sustainability, restoration and pro- tection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast Region. (2) Coastal fisheries and wildlife ecosystem research and monitoring in the Gulf Coast Region. (3) Offshore energy development, including research and technology to improve the sustainable and safe development of energy resources in the Gulf of Mexico. (4) Sustainable and resilient growth, economic and com- mercial development in the Gulf Coast Region. (5) Comprehensive observation, monitoring, and mapping of the Gulf of Mexico. SEC. 1606. EFFECT. (a) DEFINITION OF DEEPWATER HORIZON OIL SPILL. In this section, the term "Deepwater Horizon oil spill" has the meaning given the term in section 311(a) of the Federal Water Pollution Con- trol Act (33 U.S.C. 1321(a)). O:\CEL\CEL12743.xml [file 4 of 10] S.L.C. 207 (b) EFFECT AND APPLICATION. Nothing in this subtitle or any amendment made by this subtitle— (1) supersedes or otherwise affects any other provision of Federal law, including, in particular, laws providing recovery for injury to natural resources under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection of public health and the environment; or (2) applies to any fine collected under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for any incident other than the Deepwater Horizon oil spill. (c) USE OF FUNDS. Funds made available under this subtitle may be used only for eligible activities specifically authorized by this subtitle and the amendments made by this subtitle. SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS. (a) WILLING SELLER. Funds made available under this sub- title may only be used to acquire land or interests in land by pur- chase, exchange, or donation from a willing seller. (b) ACQUISITION OF FEDERAL LAND.—None of the funds made available under this subtitle may be used to acquire land in fee title by the Federal Government unless— (1) the land is acquired by exchange or donation; or (2) the acquisition is necessary for the restoration and pro- tection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region and has the concurrence of the Governor of the State in which the acquisition will take place. SEC. 1608. INSPECTOR GENERAL. The Office of the Inspector General of the Department of the Treasury shall have authority to conduct, supervise, and coordinate audits and investigations of projects, programs, and activities fund- ed under this subtitle and the amendments made by this subtitle. TITLE H -AMERICA FAST FORWARD FINANCING INNOVATION SEC. 2001. SHORT TITLE. This title may be cited as the "America Fast Forward Financing Innovation Act of 2012". SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNO- VATION ACT OF 1998 AMENDMENTS. Sections 601 through 609 of title 23, United States Code, are amended to read as follows: "§601. Generally applicable provisions "(a) DEFINITIONS.—In this chapter, the following definitions apply: "(1) CONTINGENT COMMITMENT.—The term `contingent com- mitment' means a commitment to obligate an amount from fu- ture available budget authority that is— "(A) contingent on those funds being made available in law at a future date; and "(B) not an obligation of the Federal Government. PRIORITIES FOR RESTORE FUNDED PROJECTS A. ECONOMIC BENEFITS Job Creation Infrastructure Economic Resiliency Impacts to Local & Regional Economy Tourism Gulf Seafood Marketing 25 Points B. ENVIRONMENTAL BENEFITS 25 Points Restoration, Conservation & Preservation of Habitat Protects or Enhances Rare and Threatened Resources Replenishment & Protection of Living Coastal & Marine Resources Restoration & Protection of Water Quality Project Synergy C. COMPREHENSIVE FACTORS Complements Other Projects Promotes Community Resiliency Promotes Ecological Resiliency Part of a Comprehensive Coastal Plan Recreational & Educational Uses D. PROJECT LOGISTICS Project Readiness & Planning Likelihood of Success Long-term Operation & Management Success Criteria & Monitoring Based on Best Available Science Cost -Effectiveness E. COMMUNITY ENGAGEMENT Public Support & Participation Financial Partners & Funding 1 20 Points 20 Points 20 Points PRIORITIES FOR RESTORE FUNDED PROJECTS DISCRETIONARY AUTHORITY The final project application rankings are compiled and submitted to the Governor and/or his designee for review and final approval. The Governor or his designee may make changes to the project rankings upon consideration of other discretionary factors related to protecting, preserving, restoring, or enhancing the natural and economic resources of the Texas coast. 2 City of Corpus Christi RESTORE ACT Timeline DATE ACTIVITY 7/6/12 The Resources and Ecosystem Sustainability Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) is enacted February 2013 City hires Tim Richardson as consultant 2/22/13 Mayor Martinez sends letter to Texas Governor Rick Perry on early restoration projects. Encourages large scale water quality projects. 3/12/13 City staff attend RESTORE public hearing in Pasadena, Texas and testifies about general goals -- improve water quality that reaches the Gulf of Mexico, promoting the Texas Gulf Coast as a visitor destination, and habitat and ecological restoration. 4/10/13 City holds public outreach meeting at Del Mar College Center for Economic Development to initiate the exercise of gathering information and gauging the interest in regional approaches that accomplish one or more of the five goals established by the RESTORE Act. More than 100 citizens attended and presented ideas and projects that addressed a variety of potential strategies for restoring the Gulf of Mexico. 5/13/13 City staff briefs City Council on activities 7/5/13 City sends letter to Justin Ehrenwerth (Gulf Coast Ecosystem Restoration Council) commenting on draft plan. States water quality improvement is the greatest need that the federal and state council can assist with. Second highest priority is economic restoration. 6/10/13 Mayor Nelda Martinez sends memo to Gulf Coast Mayors inviting them to discuss RESTORE Act and potential partnerships at upcoming US Conference of Mayors meeting in Las Vegas. 6/22/13 Mayor Martinez and Tom Tagliabue visit with handful of Gulf Coast Mayors at US Conference of Mayors meeting in Las Vegas. 8/28/13 City sends letter to Penny Pritzker, US Secretary of Commerce, commenting on Initial Comprehensive Plan. Identifies water quality improvement and economic restoration and revitalization as top priorities. Staff delivers letter to RESTORE Council meeting in New Orleans, LA. 8/29/13 City staff (Sharon Lewis and Tom Tagliabue) meet with City of New Orleans staff to discuss restoration strategies and experiences. 1/23/14 Sharon Bailey Lewis testifies on NRDA early restoration public meeting in Corpus Christi. Recommends water quality improvement projects. 4/32014 City staff (Sharon Lewis and Tom Tagliabue in person — Tim Richardson by phone) meeting with TPWD, GLO, TCEQ & Governor's Office in Austin on potential City RESTORE projects, status reports, and early restoration projects. 5/21/14 Bill Green and Tom Tagliabue send letter to Texas State Rep. Allen Ritter, Chairman of House Committee on Natural Resources, and State Rep. Drew Darby, Subcommittee Chairman of House Committee on Appropriations, on their interim oversight charge for RESTORE Act. Best investment is water resources (quality and quantity). Also stressed economic restoration through tourism promotion. 6/24/14 City staff take Ryan Vise, Governor's Office of Budget Planning and Policy, on tour of potential RESTORE projects in Corpus Christi. Page 1 of 3 6/11/2015 6/26/14 Mayor Martinez sends letter to Texas State Rep. Ryan Guillen, Chairman of House Committee on Culture, Recreation and Tourism, encouraging the Governor's Economic Development and Tourism Office to submit an application for RESTORE Act funding for a Texas coastal tourism promotion and advertising campaign. Nov 2014 City staff review existing Capital Improvement Plan (CIP) to evaluate potential RESTORE projects. 11/6/14 City provided Integrated Stormwater Management project summary information to Governor Perry's office and Comm. Toby Baker at TECEQ. 11/17/14 Tom Tagliabue met with Ryan Vise (Gov. Perry's Office of Budget Planning and Policy) to review City's Integrated Stormwater Management Plan project seeking RESTORE Act funding. 12/31/14 Tim Richardson's contract expires. March 2014 Tom Tagliabue met with legislative staff (House Appropriations, Reps. Larry Gonzales, Sylvester Turner, Senate Finance, etc.) to raise concerns about Art. IX, Rider 6.24 language. 4/27/15 Tom Tagliabue met with Amanda Fuller of National Wildlife Federation in Austin to discuss potential RESTORE projects, status reports and policy issues. 4/28/15 Tom Tagliabue sent out Call to Action email to coastal communities and stakeholders to oppose Art. IX, Rider 6.24 requiring notification of LBB and pre -approval of $1M or more RESTORE projects by Finance and Appropriations Chairs, Lt. Gov and Speaker. 4/30/15 Mayor Martinez sends letter to Texas State Rep. John Otto, Chairman of House Committee on Appropriations, and State Sen. Jane Nelson, Chair of Senate Finance Committee, opposing Art. IX, Rider 6.24 language requiring notification of LBB and pre -approval of $1M or more RESTORE projects by Finance and Appropriations Chairs, Lt. Gov and Speaker. 5/21/15 HB 1 Conference Committee agrees to revise Art IX, Rider 6.24 to retain notification requirement, but delete pre -approval language. 5/29/15 City staff meets with National Wildlife Federation staff in person and on conference call to discuss proposed projects, including stormwater management and water releases from wastewater treatment plants. 6/11/15 NRDA Trustee public comment meeting at TAMUCC Harte Research Institute on early restoration projects. Sharon Bailey Lewis attended representing the City. 7/2/15 BP settles litigation with federal government and five coastal states for $18.7B. Texas share is approximately $750M. 7/3/15 Mayor Nelda Martinez requests plan of action from City staff. 7/8/15 City staff sends RESTORE Plan of Action to Mayor Martinez. Confirmation from City senior management of the City's overall RESTORE Act goals and priorities remain: 1) Water Resource Quality and Quantity, and 2) Economic Restoration and Sustainability. The City needs to review its existing Capital Improvement Projects (CIP) for potential eligible projects, especially shovel -ready ones not currently funded. City departments should review other areas for consideration and feasibility. 8/20/15 Federal RESTORE Council meeting in Corpus Christi. Sharon Bailey Lewis testifies before Council reinforcing City's goals of water quality and quantity and economic restoration and sustainability. Sharon Lewis, City Council members Rudy Garza, Jr. and Lillian Riojas meet with Teresa Page 2 of 3 6/11/2015 Page 3 of 3 6/11/2015 Christopher, Senior Advisory for Gulf Restoration, U.S. Department of Commerce, and former consultant Tim Richardson. 8/20/15 State RESTORE Council issues priorities and Framework for Implementing RESTORE Act in Texas. 9/14/15 State Restoration Council Listening Session at TAMU-Galveston Comm. Baker will meet with local officials in the morning. Public hearing will be 6:30-8:30 p.m. 9/15/15 State Restoration Council Listening Session at Lamar University -Beaumont Comm. Baker will meet with local officials in the morning. Public hearing will be 6:30-8:30 p.m. 9/28/15 State Restoration Council Listening Session at UT -Brownsville Comm. Baker will meet with local officials in the morning. Public hearing will be 6:30-8:30 p.m. 9/29/15 State Restoration Council Listening Session at TAMU-Corpus Christi Comm. Baker will meet with local officials in the morning. Public hearing will be 6:30-8:30 p.m. Page 3 of 3 6/11/2015 Framework for Implementing the RESTORE Act on the Texas Gulf Coast REST4RE August 2015 Photos courtesy of the Texas Commission on Environmental Quality, the Texas General Land Office, the Texas Parks and Wildlife Department, the U.S. Fish and Wildlife Service, the U.S. Navy, and Woody Woodrow. Contents Executive Summary 1 Introduction 5 1. The Texas Coastal Environment 8 The Natural Environment 8 The Human Environment 15 2. Conservation and Restoration Initiatives 20 Scientific Initiatives 21 Waters and Wetlands Initiatives 23 Fish and Wildlife Management Initiatives 27 Coastal Planning and Management 28 3. The Spill and Long -Term Recovery 30 The Deepwater Horizon Disaster 30 Planning for Long -Term Recovery 32 Restoration Funding from the DWH Oil Spill 33 4. The RESTORE Act in Texas 37 Texas RESTORE Act Policy Guidance 38 Appendix A. The Restore Act 40 Appendix B. Bibliography 48 REST#RE THE TEXAS COAST Executive Summary Congress passed the RESTORE Act to protect and restore the natural and economic resources of the U.S. Gulf of Mexico and Gulf Coast. The Act was passed in response to the 2010 Deepwater Horizon (DWH) oil spill to provide funding for coastal restoration and recovery for the affected Gulf Coast states: Alabama, Florida, Louisiana, Mississippi, and Texas. The environmental and economic injuries caused by the spill were extensive. The legal aftermath of the spill will require the parties responsible to pay substantial damages to address these injuries. Through the RESTORE Act, Congress allocated 8o percent of the administrative and civil penalties related to the spill to the states and the federal government to restore and revitalize the Gulf Coast. A portion of the RESTORE Act allocation comes directly to Texas. This document builds a framework for implementing coastal restoration and revitalization under RESTORE. The biological and economic productivity of the Texas Gulf Coast is remarkable. Texas's 367 miles of Gulf shoreline and 3,300 miles of estuarine shoreline host hundreds of thousands of acres of beach and dune systems, lagoons, seagrass beds, oyster reefs, and tidal marshes. More than 95 percent of commercially and recreationally important Gulf finfish and shellfish, and 75 percent of the nation's migratory waterfowl depend on these wetlands at some point in their life cycle. These resources, in turn, support robust sport and commercial fisheries, shrimping, and tourism, and supply a quarter of the nation's oyster harvest. Sharing the coast are more than 6 million people who live in the 18 coastal counties of Texas. Each year more than 500 million tons of cargo traverses the Texas portion of the Gulf Intracoastal Waterway. The Port of Beaumont is the busiest military port in the world. Texas refineries, energy-related companies and chemical plants centered around Port Arthur and the Port of Houston comprise the largest petrochemical complex in the world. Like the other four Gulf States, Texas faces challenges. Even as conservation efforts have advanced, stressors such as catastrophic weather, including a rise in relative sea Page 1 level, have taken a toll on coastal areas already compromised by development and environmental degradation. For example, Galveston experiences a major hurricane on average every i8 years. The storm surge from Category 2 Hurricane Ike reached 20 feet and pushed water almost 3o miles inland in places. Relative sea level rises when the volume of water in the oceans increases by thermal expansion or the melting of land ice (glaciers, snow packs, and ice sheets), and when the coast becomes relatively lower due to subsidence. Much of the Texas coast has experienced some amount of subsidence, up to 10 feet in eastern Harris County, due to withdrawal of groundwater or oil and gas. Of major roads in the Gulf Coast region, 27 percent lie below 4 feet in elevation. Texas has witnessed shrinking coastal habitats, changing water quality, struggling fish and wildlife populations, erosion of barrier islands and beaches, and increased vulnerability of coastal communities and economies. Texas stands ready to address these challenges by taking advantage of ongoing work that began long ago. Texas has a history of coastal science and conservation and is a leader in the field of restoring coastal resources, such as oyster reefs and tidal marshes. In fact, the state and federal natural -resource agencies have worked closely with one another and private - sector partners, including universities and non- governmental organizations, to inventory, plan, and conserve natural resources. Texas understands the link REST*RE THE TEXAS COAST North jetty, Bolivar Roads Page 2 between healthy coastal habitat and healthy coastal economies, being home to hundreds of thousands of acres of state and local parks and public beaches, wildlife refuges and management areas, and a national seashore. A functional, robust coast supports a diverse and sustainable economy, from bait shops to hotels to superports. Texas' allocation of RESTORE Act funds to specific coastal projects and programs will be reflected in plans developed and approved at the state and federal level. The overall purpose and eligibility for funding varies among the components of the Gulf Coast Restoration Trust Fund; however, projects or programs generally must carry out one of these five goals from the Act: • Restore and conserve habitat • Restore water quality • Replenish and protect living coastal and marine resources • Enhance community resilience • Restore and revitalize the gulf economy The RESTORE Act created the Gulf Coast Ecosystem Restoration Council, which is composed of the governors of the five Gulf states and six federal agencies, as an independent federal agency. In 2012, Governor Rick Perry designated Commissioner Toby Baker of the Texas Commission on Environmental Quality as his designee on the Council and appointed him to lead the state's effort to implement the RESTORE Act. The Governor also created the Texas RESTORE Act Advisory Board (TxRAB), to oversee the state's efforts. Commissioner Baker, TxRAB, and the Governor's Office will develop the Texas RESTORE -related plans. Project suggestions will be solicited from the public. The public will also have the opportunity to formally comment on the Texas RESTORE -related plans before their submission to the Council and the U.S. Department of the Treasury. Texas stands ready to maximize this opportunity and to meet the coastal challenges of the 21st century. In Texas, opportunities abound to preserve, restore, and Page 3 conserve truly diverse and productive lands and waters. These lands and waters, in turn, can support a robust and resilient economy. The scope and scale of the RESTORE Act make it possible to support projects with far-reaching environmental benefits. The Act also creates a unique opportunity to fund projects that will promote the advancement of the coastal economy. REST*RE THE TEXAS COAST Page 4 Introduction On April 20, 2010, an explosion on the offshore drilling rig Deepwater Horizon killed 11 crewmen in the Gulf of Mexico, 41 miles off the Louisiana coast. The explosion caused a blowout at the wellhead that discharged millions of barrels of oil into the Gulf over the following 87 days. The DWH oil spill was unprecedented in size, discharging more than 10 times as much oil as the 1989 Exxon Valdez spill in the Gulf of Alaska according to U.S. Government estimates. The response to the DWH spill was equally unprecedented. Cleanup efforts continue, five years later in some heavily impacted locations. On July 6, 2012, President Barack Obama signed into law the Resource and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act, otherwise known as the RESTORE Act. The Act dedicates 8o percent of any federal Clean Water Act civil penalties imposed because of Deepwater Horizon to the Gulf Coast Restoration Trust Fund. The purpose of the Trust Fund is to help address the environmental and economic impacts of the spill in the five Gulf Coast states—Texas, Louisiana, Mississippi, Alabama, and Florida. The Council created by the RESTORE Act is chaired by the secretary of commerce and includes representatives from five other federal agencies and designees from the five Gulf States. The Council is responsible for distributing 3o percent of the RESTORE funds (council selected) to support science -based environmental projects that benefit the Gulf and the Gulf Coast. Page 5 Another 3o percent of the RESTORE funding (spill impact) is allocated among the Gulf states according to a formula based on spill -related shoreline impacts. Each Gulf state will submit a State Expenditure Nan (SEP) to the Council for approval to access these funds. In addition, 35 percent of the RESTORE funding (direct) will be allocated equally among the five Gulf states. To access these funds, each Gulf state must submit a Multi-year Implementation Plan (MIP) to the Treasury Department for acceptance. The state's SEP and MIP must include projects to restore and revitalize the coastal economy, as well as projects to enhance coastal ecosystems. As one of the five Gulf Coast states, Texas will receive millions of dollars for coastal restoration and revitalization from RESTORE over the coming years. With this opportunity comes a responsibility to ensure the effective use of RESTORE funding. To this end, a primary goal will be to engage the public in the process and work through collaborative partnerships of governmental and private stakeholders to achieve successful implementation. This framework launches Texas' efforts to responsibly administer RESTORE by reviewing the current status of the Texas coast, discussing the history of state and regional coastal planning and setting forth initial policy guidance for project development and selection. Development of the SEP and MIP for Texas will involve many stakeholders over many years. This framework will serve as a starting point for restoration and revitalization of the Texas coast and coastal communities. REST*RE THE TEXAS COAST Page 6 1 ji HARRIS °Houston L. 5 Beaumont ORANGE JEFFERSON CRANI R E R S Port Arthillip Galveston Bay East Bay GALV€STON alvestan BRAZORIA 401 44 Freeport Port Lavaca Tres Palacias Bay O V iVNataporda Bay ?..CALHOUN 5 RCS REFUGIO San Antonia Bay eF'Y ARANSAS 0 rbc - Aransas National Wildlife Reuge '"p Copano Bay Goose island State Park 0 SAN PATRICIO Nueces Bay • b N ESCorpus Christi rn'9 0 s •t uChristi Bay Bay Baffin Bay 9 CAMERON OPort Isabel GULF OF MEXICO N Page 7 d Bolivar Peninsula 0� North Deer Island / Galveston Island 0 Follets Island O Matagorda Peninsula O Matagorda Island 0 San Jose Island QMustand Island ® North Padre Island tq South Padre Island Legend Coastal Zone Boundary (CZB) (Submerged Lands) Coastal Zone Boundary (CZB) (Lands) Coastal Counties 1. The Texas Coastal Environment Texas has 367 miles of Gulf -facing beaches and 3,300 miles of estuarine shoreline. More than 6 million people live in the 18 Texas counties that border the Gulf. While much of Texas' coast is healthy and productive, disappearing coastal habitats, changing water quality, coastal erosion, and increased vulnerability of coastal communities to natural and human -caused events are major concerns. An understanding of those areas of compelling concern in the natural environment and human communities of the Texas Coast is vital to prudent implementation of the RESTORE Act. The Natural Environment The biological richness of the Texas coast is a precious asset. Its restoration and conservation are vital to both the state's heritage and its future. Of particular importance are healthy and productive oyster reefs, wetlands, water quality, fisheries and wildlife, and barrier islands and beaches. These biological and geomorphic RESTORE Page 8 THE TEXAS COAST systems are the foundation for much of the coast's productivity, economy, and quality of life. Oyster Reefs Established oyster reefs provide habitat for many estuarine species of flora and fauna. They can help diffuse wave energy, reducing the damage done by tides and storms to near -shore habitats and property. Oyster reefs also function as natural bio - filters. A single adult oyster can filter about 5o gallons of water per day, removing suspended particles and improving water quality and clarity. Oyster reefs are a valuable economic asset as well. In 2012, reefs along the Texas coast produced 5.8 million pounds of eastern oysters valued at $21 million, constituting 24 percent of the nation's commercial landings. Since the 195os, dredging to clear ship channels has significantly diminished the distribution and extent of oyster reefs on the Texas coast. Turbidity and siltation, disease, pollution, predators, commercial harvest pressure, and hypersalinity also pose formidable threats to healthy oyster populations. For example, Hurricane Ike in 2008 devastated almost 6o percent of productive oyster -reef habitat in Galveston Bay by depositing a thick layer of sediment on an estimated 6,000 acres of bay bottom. Although almost 1,30o acres of oyster -reef habitat have been constructed Page 9 since the storm, the oyster population of Galveston Bay has recovered only a fraction of its former size and productivity. The importance of restoring the state's oyster reefs cannot be overemphasized. Even under the best conditions, it would take decades for the reefs to recover naturally. Drought, relative sea -level rise, and other challenges make the natural recovery an even more tenuous prospect. Restoration of oyster reefs along the Texas coast will have widespread beneficial environmental and economic effects. Wetlands Wetlands exist where land is regularly saturated with water, often where terrestrial and aquatic habitats interact. They are among the most biodiverse and productive areas in the world. The wetlands of the Gulf of Mexico generate substantial benefits to the region, from retaining and purifying water, to supporting the seafood industry, to protecting coastal regions from storm -surge flooding, to providing recreational and commercial opportunities for millions. Gulf Coast wetlands provide habitat for a great variety of fish and wildlife. More than 95 percent of commercially and recreationally important Gulf finfish and shellfish, and 75 percent of the nation's migratory waterfowl depend on these wetlands at some point in their life cycle. Texas, with its vast complex of barrier - island back -bay systems, is home to more than 12 percent of all Gulf coastal wetlands. Wetlands, San Bernard - -, do ildhfe Refuge Wetlands are being lost at an alarming rate around the globe, including North America and along the Gulf Coast. Wetlands are lost when shallow saturated areas REST*RE THE TEXAS COAST Page 10 are drained or converted to deeper and less productive open water. Likewise, wetlands are lost when drought or upstream diversion removes water sources from the system. The loss and degradation of coastal wetlands is a worldwide epidemic, exacerbated in the 21st century by accelerating agriculture and aquaculture conversion, coastal development, introduction of invasive nonnative species, pollution, and relative sea level rise. The situation on the Gulf Coast is particularly concerning. The northern Gulf includes 41 percent of the inventory of coastal wetlands in the U.S. and 8o percent of the wetland loss, with an estimated loss of 396,800 acres of freshwater wetlands between 1998 and 2004. Annual loss of coastal wetlands in Texas is estimated at 5,696 acres (8.9 square miles) between the mid- 1950s and the early 199os. For example, the largest contiguous estuarine marsh complex in Texas, at approximately 139,000 acres, is the Salt Bayou ecosystem in Jefferson County. There, the rate of emergent marsh loss is near 1 percent per year, largely because of human -caused changes in combination with natural processes. Because of the great importance of this area for fish, wildlife, recreation, commerce and protection from storms, federal and state agencies, along with local governments and interest groups, have developed the Salt Bayou Watershed Restoration Plan to address the hydrologic issues that are leading to marsh loss. Every effort should be made to slow down these losses by targeting both strategic wetland areas for protection and damaged areas for restoration. Water Quality Eleven rivers and eight coastal watersheds supply freshwater to Texas coastal systems. These fresh waters flow into bays, estuaries, and lagoons, where they mix with salty near -shore Gulf waters. Water quality in Texas' tidally influenced streams, bays, and estuaries is greatly affected by these freshwater "inflows," which control salinity, nutrients, and sediments in the estuarine systems. Managing the quality, quantity, and timing of freshwater inflows is thus vital to supporting healthy biological communities and related ecosystem functions. Page 11 Water quality is also compromised by nutrients and other pollutants contributed by point and nonpoint sources throughout the watershed. Waters entering the Galveston Bay system, for example, start in northeast Texas and flow through three of the largest cities in Texas—Houston, Dallas, and Fort Worth. Along the way, chemicals, fertilizers, wastewater, pathogens, and trash are washed into streams and rivers and transported to the coast. Depressed levels of dissolved oxygen (hypoxia) in water have been identified in tidal streams and estuaries along the Texas coast, resulting in death or migration of species away from the hypoxic zone. The large, better-known, hypoxic area in the northern Gulf of Mexico adjacent to the Mississippi River, sometimes referred to as the "dead zone," can extend into Texas waters. The overarching importance of good water quality will likely lead to the use of RESTORE funding for water quality projects, perhaps through collaboration with a variety of stakeholder groups. Many efforts to improve water quality are in process, including the efforts of the Bacteria Implementation Group, which addresses bacteria in streams in a 2,200 - square -mile watershed around Houston. REST*RE THE TEXAS COAST Page 12 In addition, the Texas Commission on Environmental Quality (TCEQ) manages the Total Maximum Daily Load process, designed to improve water quality in impaired or threatened surface waters in Texas. A TMDL determines how much of a particular pollutant a water body can assimilate and still meet its quality goals. It is a measurable way to target efforts to protect and improve the quality of Texas' streams, lakes, and bays. After a TMDL is completed, state agencies and stakeholders develop an implementation plan outlining the steps necessary to mitigate pollution within the watershed. The stakeholders come together as a community to decide how to reach the intended goals, conducting public discussions about what is needed. This process enables the community to determine how best to implement a plan to reduce pollution. Fish and Wildlife Fish and shellfish, sea turtles, colonial waterbirds, and marine mammals are among the living coastal and marine resources most valuable to Texas. They are important because of their inherent value to the ecosystem as well as their value to the Texas commercial and recreational economies. Texas' shellfish and finfish resources are distributed across 4 million acres of aquatic habitats, including the bays and estuaries and offshore to 9 nautical miles in the Gulf of Mexico. The Texas Parks and Wildlife Department (TPWD) manages these resources to achieve sustainable stocks of commercially and recreationally important species. In addition to oysters, other well-known saltwater fisheries include black and red drum, flounder, red snapper, spotted seatrout, blue crab, and shrimp. The Texas coast is internationally known for its birding and nature viewing. Ninety percent of duck populations and 75 percent of snow goose populations that migrate in the Central Flyway of North America winter on the Texas coast. Almost the entire population of wild endangered whooping crane winters at the Aransas National Wildlife Refuge, drawing birders from across the globe. Colonial waterbirds such as herons, egrets, gulls, terns, and ibises that nest in dense colonies, are found in abundance along the Texas Coast, although in some areas loss of rookery islands due Page 13 to erosion and sea -level rise, introduction of invasive species and feral predators, and disturbance by human activity, has resulted in displacement and decrease in numbers. Efforts to increase nesting habitat and ensure that nesting areas are free from predators have already increased bird use of several rookery islands, and more opportunities exist. • • .�.r.. ,ryr -'!oL7-X c T Mink) Kemp's ridley sea turtles Of the seven species of sea turtles, Texas is home to five—leatherback, hawksbill, loggerhead, green, and Kemp's ridley—all of which are listed as either threatened or endangered. Through restoration efforts, the green and Kemp's ridley sea turtles have shown significant increases in nesting numbers. For example, wildlife officials found a record of 128 Kemp"s ridley sea turtle nests on Texas beaches in September, 2007, including 81 on North Padre Island (Padre Island National Seashore) and four on Mustang Island. The figure has been exceeded each year since, demonstrating that with the cooperation of people, fish and wildlife, populations can recover and flourish, providing abundant ecosystem services over time. RESTORE THE TEXAS COAST Page 14 Barrier Islands and Beaches The Texas Gulf coastline includes barrier islands (Galveston, Matagorda, San Jose, Mustang, and North and South Padre), major peninsulas (Matagorda and Bolivar), and natural and human -built passes. Padre Island, which at 113 miles is the longest barrier island in the world, separates the Gulf of Mexico from the Laguna Madre, a rare hypersaline lagoon. A large portion of Texas' Gulf -facing beach and dune complexes are composed of naturally vegetated and relatively stable dunes up to 4o feet high. However, in other areas, dunes are bare of vegetation and highly susceptible to wind erosion. Dunes, along with wetlands and reefs, defend coastal communities against the destructive power of storm -surge flooding. A recent study estimated that coastal wetlands in the U.S. provide $23.2 billion in storm -protection services annually. The Texas coast is eroding at a net average rate of over 2 feet per year, with some areas eroding more than 3o feet per year. Protection and restoration of beach dune complexes and removal of barriers to natural sediment regimes are key to maintaining the benefits provided by these dynamic natural systems. The Human Environment Coastal Communities More than 6 million people live in the i8 Texas coastal counties that border the Gulf of Mexico. By 2050, the population in these counties is expected to Fishing near Pelican Island Page 15 increase to 8.5 million. Population pressures and human alteration of land and water have an impact on natural resources. Loss of natural resources and associated processes, in turn, impact the economy and quality of life for residents and visitors. In the years ahead, conserving strategic natural areas, wiser siting of development and infrastructure, more resilient design of the built environment, and learning to work with natural processes (such as weather, currents, and sediment regimes) will be critical for balancing growth, protecting resources, and preserving the unique sense of place that Texans share. Commerce and Industry The economic value of Texas' coast and coastal assets is staggering. Texas seafood generates $856 million in sales and provides over 14,000 jobs for Texans. Top commercial species include oysters, blue crab, red snapper, black drum, and various kinds of shrimp. Texas is also the nation's top state for waterborne commerce. The Gulf Intracoastal Waterway, which runs for 406 miles along the entire Texas Coast, is an essential component of the state and national transportation network. Barge transportation is fuel efficient and reduces both highway congestion and emissions compared to truck or rail. Texas ports generate $6.5 billion in tax revenue and support more than 1.4 million jobs. REST*RE THE TEXAS COAST Page 16 Texas' refineries, most of which are near the coast, make up more than a quarter of the nation's refining capacity. The state's largest export segment—oil and gas products—was valued at more than $57 billion in 2012. These refineries, more than 400 chemical plants, and a network of 40,000 miles of oil and gas pipelines along the Texas Gulf Coast comprise the largest petrochemical complex in the world and employ around 33,000 Texans. Houston is the center of this activity, specifically because of the capacity of its deep -water port, and the city hosts some 3,70o energy-related companies and 16 of the nation's top 20 oil pipelines. With dramatic growth in production from the Permian Basin of West Texas, the Barnett Shale formation of north central Texas, the Haynesville Shale formation of northeast Texas, and the Eagle Ford Shale formation of central and south Texas, the importance of Texas and the Texas coast to this nation's energy independence and national security continues to increase. Intelligent management and protection of coastal infrastructure will require thoughtful planning, the dedication of resources to maintenance and measures to mitigate natural and human -caused impacts. For example, the Gulf Intracoastal Waterway is subject to constant erosion from barge and boat traffic. The maintenance of this waterway is critical, especially because of its connection to the state's agricultural transactions. Strategic hardening now protects some of the most vulnerable shorelines, and numerous projects to help mitigate changes to hydrology that are degrading fresh and estuarine wetlands have been undertaken, but much more is needed. Page 17 Commerce and industry located along the coastal area not only contribute significantly to the local economy, but also have a ripple effect on the state's overall economy. Coastal Resiliency The vulnerability of Texas' coastal areas to storm damage and flooding has led to a call for increased resiliency of coastal ecosystems and communities. In this context, resiliency refers to the ability of a system to undergo extreme environmental stresses (such as storm damage, flooding, or drought) and still retain its structure, functions, and identity without a large amount of outside help. Resiliency implies the capacity for self -organization and reorganization after extreme stress and the ability to adapt to changing circumstances. The devastation caused by Hurricane Ike has made coastal resiliency a vitally important topic with local and state policy makers and legislators. For example, several large public -works projects have been discussed that would make the Houston area more resilient to damage from storm surges. While economically justifiable, such projects require extensive analysis, hydrological modeling, engineering, possible relocation of homes, businesses and other infrastructure, and mitigation of losses and impacts to natural and cultural resources. With careful planning, however, such resiliency projects can enhance economic productivity, sustainability, and quality of life. Resiliency projects can significantly benefit the environment through mitigation, dedication of buffers and other green spaces, habitat acquisition and set-aside, beneficial use of dredged and excavated materials, and commitment to the management of freshwater inflows. Careful planning, involving a range of stakeholders, is the key. Resources dedicated for the planning of such projects might complement or leverage RESTORE Act funding to help ensure desirable economic and environmental outcomes. REST*RE THE TEXAS COAST Page 18 The Coast as Destination Millions of visitors are attracted to Texas beaches and bays each year. Under the Texas Open Beaches Act, the public has the free and unrestricted right to access Texas beaches, and much of the coast is accessible, including five state parks, five wildlife management areas, a national seashore with 70 miles of Gulf frontage, and several National Wildlife Refuges. In addition, there are some 36o public beach -access points located from the mouth of the Sabine River to the mouth of the Rio Grande. Visitors seek out the beaches, bays, and open waters of the Gulf for a variety of reasons, including world-class fishing and bird watching, waterfowl hunting, kayaking and canoeing, beachcombing, camping, or simply seeking personal renewal through connection with the great outdoors. The Great Coastal Birding Trail is the largest nature trail in the nation, with over Soo birding sites along the Texas Coast. The entire coastal tourism sector generated $1 billion in state and local tax revenue in 2011. Wildlife tourism (hunting, fishing, and wildlife watching) contributes over $5 billion annually to the Texas economy. Coastal tourism depends heavily on the beauty and function of coastal natural resources. The RESTORE Act gives Texans an opportunity to plan coastal projects and programs that benefit the natural environment and the people who want to spend their free time enjoying it. Tourism in Texas stands to experience expansive growth as natural resources are restored and conserved. Page 19 2. Conservation and Restoration Initiatives Texas coastal stakeholders recognize the challenges ahead—coastal development and resource protection must be integrated and conservation of coastal resources must be balanced with increasing development pressure and growing demands on limited water supplies. The potential for natural -resource initiatives to integrate with infrastructure, economic development, and coastal resiliency efforts offers Texas an opportunity to strengthen both its economy and its natural heritage over the coming years. Public and private investments in restoration and infrastructure rehabilitation create jobs and expand the economy in a wide variety of other industries. Coastal communities benefit because these projects employ local labor and use locally procured materials. Coastal restoration generates practical long- term economic benefits as well. Every dollar spent to preserve wetlands and other natural defenses saves state and local governments an average of $4 in the long run. Restoration raises property values, increases local tax revenues, improves water quality, reduces erosion, and mitigates storm hazards. REST*RE THE TEXAS COAST Installation of rock breakwater, North Deer Island Page 20 Texas seeks to build on what has been learned through past conservation and coastal initiatives to achieve visionary, holistic, and landscape -level results. These efforts promote long-term conservation of natural resources and robust coastal economies. Scientific Initiatives The RESTORE Act underscores Texas' successful approach to resource management by emphasizing the use of the best available science for environmental restoration. Scientific, technical, and academic organizations in Texas have crafted innovative approaches to enhance coastal restoration and protection through research, monitoring and modeling techniques, trend analyses, and decision -support tools. Data collected for decades underpin the science behind Texas conservation planning. For example, the Texas Coastal Ocean Observation Network amasses wind and water data at 4o stations along the Texas coast, and the U.S. Geological Survey collects stream flow data at many rivers and streams along the coast through its network of stream gauges. In addition, important hydrodynamic and salinity transport modeling of bays and estuaries is carried out by the Texas Water Development Board. These models simulate currents and salinity conditions as a function of freshwater inflow, tides, wind, precipitation, and evaporation. One important application assists the General Land Office's Oil Spill Prevention and Response effort by forecasting water currents and the potential path of a spill. Page 21 Fish and wildlife are some of the state's greatest economic, recreational, and aesthetic assets, and serve as useful indicators of the overall health of ecosystems. Therefore, considerable scientific resources are devoted to studying these populations. The TPWD collects 8,000 saltwater biological and chemical samples each year and maintains a Fisheries Research Center in Palacios to assess populations of finfish and shellfish. The TPWD also works with the TCEQ to carry out biological investigations of tidal streams to establish water quality standards. These types of research projects are essential to an understanding of the state's coastal environment and to managing its resources. A cornerstone of coastal research since it was established in 1971 is the Texas Sea Grant Program. The program supports responsible use of the state's Gulf and coastal resources through informed personal, policy, and management decisions. It has disbursed roughly $5o million for hundreds of studies by researchers at 22 Texas universities, colleges, and research centers. The studies have focused on complex issues such as heavy-metal and dioxin contamination in the Houston Ship Channel, coastal erosion on Texas beaches, hypoxia and red tide, freshwater inflows, and sustainable coastal development. The Texas Sea Grant Program continues to play an invaluable role in bringing resources to local stakeholders to advance environmental and economic goals. Land -Conservation Initiatives In the 193os, Texas acquired its first coastal park, Goose Island State Park, and the federal government established the Aransas National Wildlife Refuge. The state system later added four more coastal parks and five wildlife management areas along the coast. The federal system now includes an additional eight National Wildlife Refuges on the coast. The Padre Island National Seashore was established in 1962 and includes more than half of Padre Island. Keeping these lands public helps to maintain the health, diversity, and productivity of hundreds of thousands of acres of barrier islands, Gulf and bay front systems, wetlands, coastal uplands, and associated estuaries. REST*RE THE TEXAS COAST Page 22 In addition, for four decades Texas has successfully implemented voluntary restoration with private landowners, so that by 2014 more than 500 landowners on over 2 million acres in the 18 coastal counties have benefited from TPWD-approved wildlife -management plans for their properties. Public-private partnerships such as these are essential to conservation because, in Texas, unlike in other western states, the vast majority of land is privately owned. Numerous private land trusts and conservation groups have helped to protect coastal lands to preserve and connect habitat, improve water quality, and restore landscapes. These organizations work with natural -resource agencies and private landowners to benefit all stakeholders. Waters and Wetlands Initiatives Texas contains millions of acres of wetlands. Once viewed as nuisance areas, wetlands are now widely recognized for their value to the natural and human environment. Decades of fragmentation, conversion to agricultural use, water diversions, and other human impacts have resulted in the degradation of wetlands, but tens of thousands of acres of these wetlands have already been restored by state and federal resource agencies and other interested stakeholders. Estuary programs in Texas have been particularly successful in pulling together the partnerships required for projects such as the North Deer Island project, which successfully protected and restored over 230 acres of wildlife habitats associated with the island. In addition, the Coastal Bend Bays and Estuaries Program (CBBEP) Page 23 and the Aransas National Wildlife Refuge have restored over 2,500 acres of impacted wetlands on Matagorda Island. Coastal -restoration projects addressing areas subject to erosion or saltwater intrusion often require the addition of sediment. A valuable source for restoring wetlands is sediment produced in the excavation and maintenance of coastal ports, harbors, and waterways. At the J.D. Murphree Wildlife Management Area along the upper coast, 1,300 acres of marsh habitat have been enhanced through beneficial use of dredged material. In fiscal 2011-13 the Galveston District of the U.S. Army Corps of Engineers dredged 65 million cubic yards of sediment from multiple areas along the Texas coast. Most of that material was disposed of in conventional dredge material piles or disposal sites, but approximately 18 percent was used beneficially to create thousands of acres of marshes, reinforce shorelines, or nourish beaches. Coastal watersheds improve water quality through filtering and nutrient absorption. Activities to restore these functions and to address other impairments have increased over the last two decades. In this period the TCEQ, in partnership with the Texas State Soil and Water Conservation Service and other state and regional agencies, has strengthened its programs for identifying and addressing water quality impairments at the watershed level. Key to this effort has been an investment in science and extensive collaboration with regional and local stakeholders. The quantity and timing of freshwater flowing to the coast is another important component of restoring coastal waters and wetlands. The term "environmental flows" describes the flow of water needed to maintain ecologically healthy streams REST*RE THE TEXAS COAST Page 24 and rivers, as well as the bays and estuaries they feed. Without adequate provisions to protect environmental flows, reduced or altered flows degrade estuaries, marshes, and other critical coastal ecosystems. The Texas Legislature has passed a series of bills, beginning in the 1970s, to address freshwater inflows. The most recent, in 2007, created a stakeholder -driven process that looked at the best available science and submitted balanced environmental -flow recommendations for all Texas river basins and estuaries to the TCEQ. As of February 2014, the TCEQ had adopted flow standards for all coastal river systems. An adaptive management component allows for refinement of flow recommendations at least every 10 years based on new information. Page 25 RESTORE THE TEXAS COAST Page 26 Fish and Wildlife Management Initiatives Texas strives to maintain ecologically healthy ecosystems that sustain economic and recreational opportunities for millions of anglers, hunters, birders, and other outdoor enthusiasts. The TPWD enhances coastal fisheries by developing artificial reefs off the Texas coast and by using fish hatcheries for breeding and stocking. Stocking water bodies with hatchery -bred fish supplements wild populations, helps start populations in new or renovated waters, and restores populations that have been reduced or eliminated by natural or human -caused catastrophes. For example, in 2013, the TPWD released almost 10 million spotted sea trout fingerlings and over 20 million red drum fingerlings to Texas bays. Management initiatives to restore the population of the endangered Kemp's ridley sea turtles at their primary nesting site in Mexico involve an international collaboration of individuals, coastal communities, institutions, fishing industries, universities, and nonprofit organizations. Texas is also working to protect additional nesting sites on its beaches. Volunteers and the public play a key role in identifying these sites by reporting nests. In some cases, eggs are transferred to corrals protected from predators and the elements, which maximizes the hatch rate. Releasing hatchlings on Texas beaches increases the chances these individuals will return to the same beach upon maturity to lay their own eggs. At one time, shrimping practices resulted in significant deaths among sea turtles, so in the 199os shrimpers were required to start using devices that allow turtles to escape and avoid drowning. In 2000, the TPWD adopted a series of shrimping regulations that included seasonal closure in South Texas inshore areas and limiting the number and size of trawls that can be used along the coast. These actions have Page 27 reduced sea -turtle mortality, and, combined with other conservation efforts, have allowed the Kemp's ridley population to continue to rebound. However, other threats remain, including floating debris, which sea turtles ingest, and the vulnerability of feeding grounds to development. Hundreds of species of birds inhabit or migrate through the Coastal Bend area and many of these have been in decline. By focusing on several key islands in the region, including Tern Island, Triangle Tree Island, and Causeway Island, the CBBEP Coastal Bird Program has halted and reversed local declines in a number of waterbird species. Two management initiatives led to this success. First, the CBBEP improved nesting habitat by employing innovative methods for managing surface cover such as sand and gravel, and controlling vegetation and predators. Second, the CBBEP supports outreach to educate boaters, fishermen, and kite surfers about avoiding these islands during nesting season. These successful management methods have increased the diversity and abundance of nesting waterbirds regionally, and the CBBEP is working to apply them on a broader scale. Coastal Planning and Management The Texas Coastal Management Program serves as an umbrella for coastal planning and management along the Texas Coast. The Texas Legislature designated the General Land Office as the lead agency for this effort, and in this role the GLO coordinates with other state agencies that have responsibilities related to coastal matters. The Coastal Management Program addresses five primary issues of concern to coastal communities: coastal erosion, wetlands protection, water supply and water quality, dune protection, and shoreline protection. REST*RE THE TEXAS COAST Page 28 With Section 309 Program enhancement funding, under the Coastal Zone Management Act, GLO personnel are developing a coastal planning framework and conducting outreach to assist with decision making for state and local resource management to support economic growth in a way that sustains the environment on which it depends. With coastal uses and vulnerability increasing, this initiative is integrating information for proactive planning that identifies and protects key resources to provide for long-term economic growth and environmental health and to keep our coastal communities resilient. These activities and planning tools will help balance coastal economic growth with the protection of critical habitats and ecosystems to ensure a thriving Texas Gulf Coast. This discussion of coastal conservation, planning, and protection touches only a few of the many such activities in Texas. The depth of experience and expertise available to help shape and direct RESTORE planning is considerable. Texas will use what has been done as the foundation for the Texas RESTORE—related plans. } Page 29 3. The Spill and Long -Term Recovery The Deepwater Horizon Disaster The DWH oil spill is one of the worst environmental disasters in American history. In addition to its toll on human life, the spill caused injury and death to thousands of birds, fish, and other marine and coastal wildlife and polluted water that is home to millions of marine mammals, fish, and invertebrates, and devastated miles of sensitive coastal habitat. It closed 88,522 square miles of federal waters to fishing and had an impact on hundreds of miles of shoreline, beaches, bayous, and bays. Because of the sheer magnitude of the spill, the environmental, economic, and social impact on Gulf Coast communities will persist for many years to come. The spill added to and exacerbated the effects of years of environmental impacts on the Gulf Coast caused by tropical weather systems, extreme high tides, subsidence, industrialization, and rapid coastline development. These problems, as well as the effects of spilled oil, created economic uncertainty for hundreds of thousands of Americans. Moreover, local, state, and tribal governments faced diminished financial resources to deal with these issues due to lower tax revenues from lost economic activity and diminished property values. The DWH oil spill clearly showed that the economy of the Gulf Coast and the health of its citizens are inextricably linked to the health of the Gulfs waters and shoreline. A significant portion of the jobs in the region are connected to companies and small businesses involved in tourism, commercial and recreational fishing, and related services. Although the oil has been removed and the beaches reopened, the lesson remains: the health of the Gulf and its shoreline and the Gulfs coastal economy go hand in hand. REST*RE THE TEXAS COAST Page 30 Page 31 Planning for Long -Term Recovery Within weeks of the spill, President Obama appointed Secretary of the Navy Ray Mabus to prepare the long-term recovery plan for the Gulf of Mexico. In September 2010, America's Gulf Coast: A Long Term Recovery Plan after the Deepwater Horizon Oil Spill (the Mabus Report) was released. The Mabus Report addressed the need for long-term funding for ecosystem, economic, and human -health recovery, and for mechanisms to empower Gulf residents to take charge of their own recovery. The report recommended the following: 1. The President should establish the Gulf Coast Ecosystem Restoration Task Force to explore in detail the environmental needs of the Gulf Coast region. The Task Force goal would be to ensure that Gulf restoration efforts be coordinated, collaborative, and effective. 2. Congress should dedicate a significant portion of civil penalties recovered under the Clean Water Act to the five Gulf States and create a more permanent oversight organization to carry on the work of the Task Force. In October 2010, the Task Force was created by executive order to build on the ongoing spill response and restoration to achieve long-term recovery for the Gulf. To this end, the Task Force developed the Gulf of Mexico Regional Ecosystem Restoration Strategy. The Strategy synthesizes the priorities and ongoing work of the Gulf Coast states, local communities, federal partners, academics, and nongovernmental organizations. RESTORE THE TEXAS COAST Page 32 The Strategy articulates broad restoration goals and details a series of actions that Task Force member agencies (both federal and state) can take to support each of the goals. It also lays out a series of next steps to better align agency programs and leverage scientific and fiscal resources. Restoration Funding from the DWH Oil Spill Natural Resource Damages By law, the parties responsible for an oil spill must pay the cost of restoring those resources and services to pre -spill conditions. The Natural Resource Damage Assessment (NRDA) process provides a method for damage assessment and restoration planning by state and federal natural resource trustees. Immediately after the DWH oil spill, NRDA trustees began to assess injuries to natural resources. Recognizing that damage assessment for this spill would take many years, BP, a responsible party and majority owner of the rig, agreed to work with the trustees to fund $1 billion in Gulf Coast early restoration projects. State Funding Through the National Fish and Wildlife Foundation In addition, as a result of the spill, Texas will receive $2o3 million for restoration of marsh, dune, oyster -reef, and other coastal habitats and conservation projects. This funding comes from the Gulf Environmental Benefit Fund, administered by the National Fish and Wildlife Foundation (NFWF) through a criminal plea agreement between the Justice Department with each of two of the responsible parties, BP and Transocean. The agreement require that a total of $2.4 billion be paid to the NFWF to fund projects benefiting the natural resources of the Gulf Coast affected by the spill. Payments under the criminal plea agreement also provide funding to the National Academy of Sciences for a program focused on human health and environmental protection, including issues related to offshore oil drilling, and for the North American Wetlands Conservation Fund for projects to benefit migratory bird species and other wildlife and habitat affected by the spill. State Funding through RESTORE On July 6, 2012, the President signed into law the Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economies of the Gulf Coast Page 33 States (RESTORE) Act. The RESTORE Act allocates 8o percent of the Clean Water Act administrative and civil penalties arising from the DWH oil spill to the Gulf Coast Ecosystem Restoration Trust Fund. Grants from the Trust Fund may support projects that directly benefit the coastal areas of the five Gulf Coast states. The RESTORE Act establishes the Gulf Coast Ecosystem Restoration Council. Along with representatives of six federal agencies, members of the Council include the governors of the five Gulf Coast states or their appointees. The Council took over the functions of the Task Force in planning for long-term recovery for the Gulf and the Gulf Coast. One of the first actions by the RESTORE Council was the development of its Initial Comprehensive Plan: Restoring the Gulf Coast's Ecosystem & Economy. The Initial Comprehensive Plan develops a broad statement of goals and objectives that will be used in the selection of projects to be funded from the RESTORE Trust Fund. The RESTORE Act allocates 95 percent of the Trust Fund to three components: direct (35 percent); Council -selected restoration (3o percent); and spill impact REST4RE THE TEXAS COAST Page 34 (3o percent). The U.S. Department of Treasury, the RESTORE Council, and each Gulf Coast state all have significant roles in allocating these funds. For the Council -selected component, the Council will develop a Funded Priorities List (FPL) listing the projects to be funded from the Council's allocation of RESTORE funding from this component. Only Council members may submit projects for this component. Texas projects may be included in the FPL, but these will be reviewed and awarded in competition with projects from the other four states and from federal agencies. Each state may develop a multi-year implementation plan (MIP) to receive funds from the direct component funding. The MIP must include a list of specific coastal projects proposed for funding. A Gulf Coast state must submit its MIP to the U.S. Department of the Treasury for acceptance. Each state will receive 7 percent of the 3o percent of funding available under this component. State MIPs must include projects to restore and revitalize the coastal economy as well as projects to enhance coastal ecosystem functions. Each state may also develop a State Expenditure Plan (SEP) to receive funds from the Spill Impact component. The SEP must include a list of specific coastal projects. Under this component, each state will receive funding allocated under a formula based on spill - related shoreline impacts, with each state receiving at least 5 percent of the funding from this component. The state's SEP must be consistent with the Council's Comprehensive ,� ,`� r r z North jetty, Bolivar Roads Page 35 Plan and submitted to the RESTORE Council for approval. As with state MIPs, the SEP must include projects to restore and revitalize the coastal economy or enhance coastal ecosystem functions. The RESTORE Trust Fund also provides funds (2.5 percent of the Trust) to support a Gulf Coast Ecosystem Restoration Science Program. Those funds are provided directly to the National Oceanic and Atmospheric Administration (NOAA) for a monitoring, science and technology program. Additional money from the RESTORE Trust Fund is available to the gulf states under the Centers of Excellence Research Grants Program component. States can use this money (2.5 percent of the Trust Fund to be equally distributed between the five Gulf states) to establish research centers in the Gulf Coast region. Areas of research may include: • sustainability, restoration, and protection of the coast and deltas • research and monitoring related to coastal fisheries and wildlife ecosystems in the region • offshore energy development, including research and technology to improve the sustainable and safe development of energy resources in the Gulf of Mexico and its comprehensive observation, monitoring, and mapping • sustainable and resilient growth and economic and commercial development in the region REST*RE THE TEXAS COAST Page 36 4. The RESTORE Act in Texas The Office of the Governor and his designee Commissioner Toby Baker lead the state's effort to implement the RESTORE Act. Commissioner Baker represents Texas on the Council and also chairs the Texas RESTORE Act Advisory Board (TxRAB), created by Governor's Office in 24313 to assist and advise in this effort. In recognition of their respective interests in the environmental and economic restoration of the Texas Gulf coast, the membership of TxRAB includes: • Governor's Office on Economic Development and Tourism • Public Utility Commission of Texas • Texas Commission on Environmental Quality • Texas Comptroller of Public Accounts • Texas Department of Agriculture • Texas Department of Transportation • Texas General Land Office • Texas Parks and Wildlife Department • Texas Railroad Commission • Texas Water Development Board • Texas Workforce Commission TxRAB members will designate key personnel to assist in developing the state plans required by the RESTORE Act—MIP and SEP. Texas is committed to an open process for developing these plans. Ideas drawn from a full range of stakeholders will strengthen this process and result in solutions best suited for Texas. In addition to providing project suggestions, the public will be invited to participate in listening sessions to be held along the Texas coast and suggest ideas on what should be included in the Texas RESTORE -related plans. The public will have the opportunity to formally comment on the plans before their submission. Page 37 The MIP (direct component) and the SEP (spill impact component) will be submitted to the governor for approval. All final decisions about the plans are within the discretion of the governor. A website, <www.restorethetexascoast.org/>, discusses the state's activities related to the DWH oil spill. The public may also use this site to submit project applications to receive funds under the three related funding sources: the NRDA, the Gulf Environmental Benefit Fund (NFWF) and the RESTORE Act. Texas RESTORE Act Policy Guidance Personnel from Texas natural resource agencies and the Governor's Office drafted policy guidance to aid in setting priorities for projects and programs funded by the RESTORE Act. The guidance represents a consensus on restoration and recovery values developed by the Texas natural -resource agencies and the Governor's Office. It highlights the state's commitment to the Gulf and Gulf Coast and serves as a touchstone for standards and procedures that are being developed for the submission of projects for inclusion in the plans. The policy guidance demonstrates the wide-ranging scope of the RESTORE Act's goals, the variety of eligible activities and the state's aim to incorporate prudent stewardship, management, and accountability in the use of these funds. Evaluation of project and program suggestions will be based on the listed areas. The policy guidance is posted at <www.restorethetexascoast.org/>. In addition, projects that enhance and complement projects funded by other DWH oil spill sources, such as NFWF and NRDA, will be of particular interest when being considered for RESTORE funding. Building the Texas RESTORE -Related Plans The RESTORE Act gives Texas the opportunity to address long-standing needs not possible with previous levels of funding. Texas has more undeveloped contiguous shoreline than any other Gulf state. Therefore, the opportunity to conserve and protect natural resources by using RESTORE dollars on the Texas coast is immense. RESTORE Act funds provide Texas the opportunity to address current challenges and get out ahead of future needs. RESTORE Act funds spent in Texas will benefit the entire Gulf of Mexico REST*RE THE TEXAS COAST Page 38 because the expanse of the Texas Coast and its contributions to the entire Gulf are so great. Along with economic objectives, Texas will pursue the following ecosystem goals in implementation of the RESTORE Act: • implementing long-standing conservation and development plans, • integrating the needs of people and the environment, • anticipating changing environmental conditions and demographics, and • placing a high value on accomplishing those goals that cannot be accomplished with current traditional funding vehicles. Ultimately, it is the state, regional and local partnerships that will determine the success of the Texas RESTORE -related plans. Potential partners include a wide range of organizations, those that have collaborated in the past as well as groups that are new to this type of effort. These partnerships will encourage the integration of RESTORE Act funding with other new and existing programs, minimize duplication of effort, and increase leveraging of resources and expertise across funding sources. Working collaboratively will help ensure long-term viability and resiliency of RESTORE -funded initiatives through broad-based, interdisciplinary approaches. Contributions from a wide range of stakeholders are critical to ensure the vitality and durability of natural systems, human communities, and the economy of the Texas coast. The RESTORE Act provides Texas an unprecedented infusion of funding that gives the State the opportunity to revitalize the coast to meet the needs of 21st -century Texans. This framework document represents the first step in a process that will last years and possibly decades. Decisions made now will shape the landscape and legacy of the Gulf Coast for future generations. Texas seeks to make those decisions carefully, with an eye toward learning from the past and integrating the environment and the economy for the benefit of both. These coordinated efforts will lead to a more vibrant Gulf Coast region that can benefit all Texans. Page 39 APPENDIX A. THE RESTORE ACT REST*RE THE TEXAS COAST Page 40 Overview The Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act (RESTORE Act), signed into law in July 2012, created the Gulf Coast Ecosystem Restoration Trust Fund. The RESTORE Act authorized the Trust Fund to receive Clean Water Act penalties paid after its enactment by the companies responsible for the 2010 DWH oil spill. The RESTORE Act also established the Gulf Coast Ecosystem Restoration Council as an independent agency in the federal government. The Council is chaired by the Secretary of the U.S. Department of Commerce. Council membership includes the governors (or their appointees) of Alabama, Florida, Louisiana, Mississippi, and Texas; the secretaries of the U.S. Departments of Agriculture, the Army, Commerce, Homeland Security, and the Interior; and the administrator of the U.S. Environmental Protection Agency. The Trust Fund is designated for programs, projects, and activities that restore and protect the environment and economy of the Gulf Coast region. The funds are directed to the Gulf Coast region, specifically: 1. the coastal zones, including federal lands, that border the Gulf of Mexico 2. any adjacent land, water, and watersheds within 25 miles of a state's coastal zone 3. all federal waters in the Gulf of Mexico In Texas, the coastal zone encompasses roughly 8.9 million acres of land and water in all or part of 18 coastal counties: Cameron, Willacy, Kenedy, Kleberg, Nueces, San Patricio, Aransas, Refugio, Calhoun, Victoria, Jackson, Matagorda, Brazoria, Galveston, Harris, Chambers, Jefferson, and Orange counties—see maps at www.glo.texas.gov/what-we- do/caring-for-the-coast/_documents/landing-page-folder/CoastalBoundaryMap.pdf. Division of Civil Penalties The RESTORE Act authorized the Trust Fund to receive 8o percent of the Clean Water Act administrative and civil penalties paid after the RESTORE Act's enactment by the companies responsible for the 2010 DWH oil spill. The Gulf Coast Ecosystem Page 41 } \ II Restoration Trust Fund is divided into five components to be used for different purposes under the umbrella of restoration (see Figure). Clean Water Act Penalties 20% to DWH Oil Spill Liability Trust Fund 80% to Gulf Coast Restoration Trust Fund Direct Council -Selected Spill Impact Gulf Coast Centers of Component Restoration Component Ecosystem Excellence 35% equally Component 30% divided Restoration Research Grants divided 3o% + interest among the five Science Program Program among the managed by the Gulf Coast 2.5% + interest 2.5% + interest five Gulf Coast Gulf Coast States to NOAA allocated to the States Ecosystem Gulf Coast States Restoration Council The first three components make up 95 percent of the Gulf Coast Restoration Trust Fund. The Gulf Coast states have a significant role in determining how the funds in these three components will be spent; however, the states' roles and responsibilities, the eligible activities, and the requirements vary for each component. The Council has responsibilities with respect to two of these components, the Council -selected Restoration Component and the Spill Impact Component, which together comprise 6o percent of the Trust Fund. Council's Comprehensive Plan Multi-year Implementation Plan Funded Priority List State Expenditure Plan Guide to RESTORE Act The Initial Plan was published in August 2013 by the Gulf Coast Ecosystem Restoration Council as Restoring the Gulf Coast's Ecosystem & Economy. It sets overall goals for the coordinated, Gulf -wide implementation of the RESTORE Act, as well as specific objectives for funds under the Council -Selected Restoration Component. Required of the states under the Direct Component. Will include Texas projects adopted by the Council to be funded under the Council Selected Restoration Component. Required of the states under the Spill Impact Component. RESTORE THE TEXAS COAST Page 42 Direct Component: Equal -Share State Allocations The Direct Component is made up of 35 percent of the total Trust Fund and is equally divided among the five Gulf Coast states. These funds are designated for ecosystem restoration, economic development, and promotion of tourism. The RESTORE Act gives states significant discretion to choose restoration activities under this component. Funding comes with limits and conditions, however, including audit requirements, consistency with standard procurement rules, and meaningful public input. Funds from this component may be used to satisfy the non-federal share of any cost-sharing project. State role and responsibilities: • Texas will develop a science -based, multi-year implementation plan (MIP) for this component. • Texas must show that the selection of projects and programs proposed for this funding were selected based on public input. • Texas must submit plan to U. S. Treasury for acceptance. • Texas may amend its MIP as additional funds become available and additional projects and programs are proposed for funding. Council -Selected Restoration Component: Council -Selected Allocations The Council -Selected Restoration Component makes up 3o percent of the Trust Fund plus half of all the interest earned on investments. This component is administered by the Gulf Coast Ecosystem Restoration Council. Texas may apply for funding under this component. Funds from this component are designated for natural resource restoration and protection projects under the following seven objectives: 1. Restore, enhance, and protect habitats 2. Restore, improve, and protect water resources 3. Protect and restore living coastal and marine resources 4. Restore and enhance natural processes and shorelines 5. Promote community resilience 6. Promote natural resource stewardship and environmental education 7. Improve science -based decision-making processes Page 43 State role and responsibilities: • The Texas governor's appointee will submit projects to the Council for consideration for funding. • As a member of the Council, the Texas governor's appointee will participate in selecting projects for funding. Spill Impact Component: Impact -Based State Allocations The Spill Impact Component is 3o percent of the Trust Fund and is allocated to the five Gulf Coast States according to a formula based on the miles of shoreline oiled by the DWH oil spill, the distance from the spill, and coastal populations. Ecosystem and economic restoration projects are eligible under this component, and projects must be consistent with the goals and objectives of the Council's comprehensive plan. The Council will also evaluate projects for issues that cross Gulf Coast state boundaries. Funds from this component may be used to satisfy the non-federal share of any cost-sharing project. State Role and Responsibilities: • Texas will develop a state expenditure plan (SEP) that meets the goals and objectives of the Council's Comprehensive Plan. • Texas will submit the SEP to the Council for approval. • As additional funds become available under Bucket 3, Texas will amend its SEP to add projects proposed for funding. REST#RE THE TEXAS COAST Page 44 Direct Component Council -Selected Restoration Component Spill Impact Component Equal -Share State Allocations (35%) Council -Selected Allocations (3o% + 5o% of the interest) Impact -Based State Allocations (3o%) a0 In Texas: Office of the Governor or appointee. Federal: U.S. Treasury Gulf Coast Ecosystem Restoration Council (6 federal and 5 state members). In Texas: Office of the Governor or designee. Federal: Chair of the RESTORE Council Each Gulf state receives an equal share (1/5 of component funding = 7% of Trust Fund). No specific amounts for each state. Funds dispersed to the 5 Gulf states based on a formula. Each state receives a minimum of 5% of total annual amount. Planning Requirements Multi -Year Implementation Plan (requires Treasury approval) Among other requirements, all states and localities receiving funds must develop a multi-year implementation plan. The state or locality must certify that projects and programs: are designed to restore and protect Gulf Coast resources; carry out one or more of the eligible activities (see below); were selected based on meaningful and broad-based public input; are based on the best available science; and were selected consistent with state procurement rules for comparable projects. Comprehensive Plan (developed by the Council) The Council has many responsibilities, including approving certain state plans, establishing advisory committees as necessary, and developing a science -based comprehensive plan to restore and protect natural resources. The plan must: prioritize projects that contribute to Gulf restoration, regardless of geographic location; include provisions to "fully incorporate" the findings of the Gulf Coast Ecosystem Restoration Task Force; and include a io-year funding plan (updated every five years) and three- year list of activities to be funded (updated annually). State Expenditure Plan (requires limited Council approval) All states receiving funds must develop funding plans that list the projects that will receive grants. The plans must take into consideration the Council's Comprehensive Plan, and be "consistent with" its goals and objectives. Each plan must be approved by the Council; however, this can be satisfied by certification of one state member of the Council and the affirmative vote of the federal chair. Page 45 REST,4RE THE TEXAS COAST Page 46 Direct Component Council -Selected Restoration Component Spill Impact Component Equal -Share State Allocations Council Selected Allocations (3o% + 5o% of the interest) Impact -Based State Allocations (35%) (3o%) Eligible Activities Funds must be used to The Council's Funds may be used for achieve ecological or Comprehensive Plan must projects, programs, and economic target restoration and activities that will restoration of the Gulf protection of Gulf natural improve the ecosystems or Coast. resources. economy of the Gulf Coast Activities, which can include Except for already authorized region. previously approved projects, must target at least one of the projects or programs that would further the purpose and goals of These projects, programs, and activities must: following: the Council and of the RESTORE be eligible activities as defined restoration and protection of Act, priority will be given to for direct component and natural resources; projects and programs that contribute to the overall mitigation of damage to address one or more of the economic and ecological natural resources; implementation of a federally approved marine following criteria: projects that make the greatest contribution to recovery of the Gulf Coast. No more than 25% of the funds may be made available for or coastal management restoring and protecting Gulf infrastructure projects, unless the plan; Coast natural resources; plan certifies that the state's workforce development and large-scale projects and ecosystem -restoration needs are job creation; programs that are projected to addressed by the plan and substantially contribute to additional infrastructure improving state parks affected by natural -resource restoration investment is necessary to mitigate the spill; and protection; the impacts infrastructure projects benefitting projects contained in existing Gulf of the DWH oil spill. the economy or ecological Coast state comprehensive plans resources; flood protection and for natural -resource restoration infrastructure; planning and protection; or assistance; projects that restore long-term promotion of tourism; resiliency of natural resources most affected by the DWH oil promotion of Gulf seafood consumption; or administrative costs (not more than 3%). spill. REST,4RE THE TEXAS COAST Page 46 Gulf Coast Ecosystem Restoration Science Program This component is made up of 2.5 percent of the total Trust Fund, plus one-quarter of all the interest earned on investments. The funds will be used by the National Oceanic and Atmospheric Administration in consultation with the U.S. Fish and Wildlife Service to establish a new program, called the NOAA RESTORE Act Science Program. The program will pay for research, observation, and monitoring. The program will support, to the maximum extent practicable, the long-term sustainability of the Gulf Coast ecosystem, fish stocks, fish habitat, and the recreational, commercial, and charter fishing industry in the Gulf of Mexico. NOAA may transfer part of the funds to the Gulf States Marine Fisheries Commission. Centers of Excellence This component is 2.5 percent of the total Trust Fund plus one-quarter of all the interest earned on investments and is directed to the five Gulf states in equal amounts. Funds will be used to establish Centers of Excellence to conduct research on the Gulf of Mexico region focused on science, technology, and monitoring. States will make competitive grants giving priority to consortia (including public and private institutions of higher education and nongovernmental organizations) that demonstrate the ability to establish the broadest cross-section of qualified participants. Each center shall focus on at least one of the following disciplines: • Coastal and deltaic sustainability, restoration, and protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast region. • Coastal fisheries and wildlife ecosystem research and monitoring in the Gulf Coast Region. • Offshore energy development, including research and technology to improve the sustainable and safe development of energy resources in the Gulf of Mexico. • Sustainable and resilient growth and economic and commercial development in ly the Gulf Coast region. • Comprehensive observation, monitoring, and mapping of the Gulf of Mexico. Page 47 REST#RE THE TEXAS COAST APPENDIX B. BIBLIOGRAPHY Page 48 Audubon Texas, et al., 2013 (web). Texas Gulf Coast Restoration Priorities. www.sgmsummit.org/stepping- stones/pdf/ o4-RestorationPriorities.pdf Brown, C., K. Andrews, J. Brenner, J.W. Tunnell, C. Canfield, C. Dorsett, M. Driscoll, E. Johnson, and S. Kaderka, 2011. Strategy for Restoring the Gulf of Mexico (A cooperative NGO report). The Nature Conservancy. Coastal Bend Bays and Estuary Program, 1998. Coastal Bend Bays Plan and updated publications. www.cbbep.org/index.html Coastal Protection and Restoration Authority of Louisiana, 2012. Louisiana's Comprehensive Master Plan for a Sustainable Coast. Galveston Bay Estuary Program, 1999. Galveston Bay Plan and updated publications (State of the Bay, Strategic Action Plan). www.gbep.state.tx.us/ Gulf Coast Ecosystem Restoration Council, 2013. Draft Initial Comprehensive Plan: Restoring the Gulf Coast's Ecosystem and Economy; Draft Programmatic Environmental Assessment. www.restorethegulf.gov/release/2o13/05/23/gulf-coast-ecosystem-restoration-council-releases-draft- initial-comprehensive-pla Gulf of Mexico Alliance Governors' Action Plan I (2006) and II (2009). gulfofmexicoalliance org/index.php National Fish and Wildlife Foundation, 2013 (web). Gulf Environmental Benefit Fund in Texas. www.nfwf.org/gulf/Pages/GEBF-Texas.aspx National Oceanic and Atmospheric Administration, 2010. Texas Coastal and Estuarine Land Conservation Program Plans. coastalmanagement.noaa.gov/mystate/docs/ce1c1p1antx.pdf Texas General Land Office. Coastal Management Program. www.glo.texas.gov/what-we-do/caring-for-the- coast/grants-funding/cmp/index.html Texas General Land Office, 2012. Coastal Management Program Report. www.glo.texas.gov/what-we- do/caring-for-the-coast/_publications/2o12-cmp-annual-report.pdf Texas General Land Office, 2013 (web). The Texas Coast: Shoring Up Our Future. www.glo.texas.gov/what- we-do/caring-for-the-coast/_documents/grant-project/ 12-587-overview-rpt.pdf Texas General Land Office, 2013 (web). Coastal Erosion Planning and Response Act (CEPRA) Program. www.glo.texas.gov/what-we-do/caring-for-the-coast/coastal-erosion/index.html Texas General Land Office, 2009. Texas Coastwide Erosion Response Plan. www.glo.texas.gov/what-we- do/caring-for-the-coast/_documents/coastal-erosion/response-plans/coastwide-erosion-response- plan.pdf Texas Parks and Wildlife, 2013. Land and Water. Resources Conservation and Recreation Plan. www.tpwd.state.tx.us/publications/pwdpubs/media/pwd_pl_eo loo_0687_2o13.pdf Texas Parks and Wildlife, 2012. Texas Conservation Action Plan 2012-2016: Gulf Coast Prairies and Marshes Handbook. www.tpwd.state.tx.us/landwater/land/tcap/documents/gcpm_tcap_2o12.pdf Texas Parks and Wildlife, 2000. Seagrass Conservation Plan for Texas. www.tpwd.state.tx.us/landwater/water/habitats/seagrass/conservation.phtml Texas Parks and Wildlife, 2003. Texas Seagrass Monitoring Plan. www.tpwd.state.tx.us/landwater/water/habitats/seagrass/media/monitoring/monitoringplan.pdf 11 Texas Parks and Wildlife, 1988. Texas Oyster Fishery Management Plan. Texas Water Development Board, 2012. State Water Plan. www.twdb.texas.gov/waterplanning/swp/2o12/index.asp The Trust for Public Land, 2007, West Galveston Island Greenprint for Growth. Trust for Public Land, Houston-Galveston Office, Houston, TX. U.S. Fish and Wildlife Service, 2013. Vision for a Healthy Gulf of Mexico. www.fws.gov/gulfrestoration/pdf/one-pagevisiondocument.pdf Page 49 Infrastructure Office of Rural Community Affairs, 2009. State of Texas. Plan for Disaster Recovery. www.glo.texas.gov/GLO/_documents/disaster-recovery/action-plans/texas-action-plan.pdf (Note: Hurricanes Ike and Dolly recovery) Texas Department of Housing and Community Affairs and Office of Rural Community Affairs. State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of Defense Appropriations Act, 2006. www.glo.texas.gov/GLO/disaster-recovery/actionplans/rita.html (Note: Hurricane Rita recovery) Texas Department of Public Safety, 2010. State of Texas Hazard Mitigation Plan 2010-2013. www.txdps.state.tx.us/dem/documents/txHazMitPlan.pdf Texas Department of Transportation, 2010. Texas Statewide Long -Range Transportation Plan 2035 www.txdot.gov/inside-txdot/division/transportation-planning/statewide-2o35/report.html Texas Department of Transportation, 2012. Preparing Texas Land and Sea for the Panama Canal Extension. ftp.dot.state.tx.us/pub/txdot-info/library/reports/gov/tpp/spr/panama/ expansion.pdf Economic Development Brownsville Economic Development Corporation, 2013 (web). bedc.com/ Corpus Christi Economic Development, 2013 (web). www.ccredc.com/ Greater Houston Partnership, 2013 (web). www.houston.org/business/index.html Matagorda County, 2013 (web). www.mcedc.net/ Rio South Texas Economic Council, 2013 (web). www.riosouthtexas.com/ San Patricio County, 2013 (web). www.sanpatricioedc.com/our-staff.html Southeast Texas Economic Development Foundation, 2013 (web). www.setedf.org/ South East Texas Economic Development District, 2010. Comprehensive Economic Development Nan. www.setedf.org/Documents/SETEDD-201oCEDS.pdf South Padre Island, 2013 (web). southpadreislandedc.com/ Victoria Economic Development, 2013 (web). victoriaedc.com/ REST,4RE THE TEXAS COAST Page 50 Acronyms and Abbreviations CBBEP Coastal Bend Bays and Estuaries Program Council Gulf Coast Ecosystem Restoration Council GIWW Gulf Intracoastal Waterway GLO Texas General Land Office GOMESA Gulf of Mexico Energy Security Act of 2005 NFWF National Fish and Wildlife Foundation NOAA NRCS NRDA PCB RESTORE Act Strategy Task Force TCEQ TPWD Treasury Trust Fund USFWS National Oceanic and Atmospheric Administration (U.S. Department of Commerce) National Resources Conservation Services (U.S. Department of Agriculture) Natural Resource Damage Assessment polychlorinated biphenyl Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act Gulf Coast Ecosystem Restoration Task Force Strategy Gulf Coast Ecosystem Restoration Task Force Texas Commission on Environmental Quality Texas Parks and Wildlife Department U.S. Department of the Treasury Gulf Coast Restoration Trust Fund U.S. Fish and Wildlife Service (U.S. Department of the Interior) Page 51 } Texas RESTORE Act Advisory Board Governor Greg Abbott Office of the Governor Public Utility Commission of Texas Texas Commission on Environmental Quality Texas Comptroller of Public Accounts Texas Department of Agriculture Texas Department Transportation doTexas Ueparimefrt f Transportation REST#RE THE TEXAS COAST Texas General Land Office Texas Parks and Wildlife TEXAS PARKS & WILDLIFE Texas Railroad Commission Texas Water Development Board Texas Water Development Board Texas Workforce Commission NtkioR4 3 CO4fMI5Sl JI w REST{RE mristkaftwooraw PROGRAM AREA IMPEMENTATION PROGRAM / PROJECT NAME PROJECT BUDGET (Estimated) AQUATIC HABITAT RESTORATION Pilot Oyster Shell Reclamation for Reef Restoration Program $665,000 Strategic improvements Program to restore environmental flows to Nueces Delta $250,000 Downtown Bay Beach Restoration Program $4,231,250 Oso Watershed Protection and Restoration Program Oso Bay Nature Preserve Wetland Restoration $100,158 Oso Bay Nature Preserve Learning Center and Wetlab $927,938 Oso Water Reclamation Plant Ammonia 6 -year Removal $8,000,000 INTEGRATED WATER QUALITY PROTECTION Integrated Stormwater Solutions Program I. Strategic Planning Projects Update Draft Stormwater Master Plan w/ Green Infrastructure Design Criteria $650,000 II. Capital Infrastructure Projects Schanen Ditch Improvements $6,900,000 Master Ditch 31 Excavation $3,000,000 Downtown Drainage Improvements, Phase 3 $25,500,000 Street Sweeper Purchase $245,000 Installation of Trash Skimmers in Corpus Christi Marina $192,321 III. Watershed Protection/Green Infrastructure Projects Low Impact Development (LID) Improvement to the $225,000 Coliseum Watershed (South Bluff Park) Community -wide Residential Rainwater Harvesting Program $185,000 COMMUNITY RESILIENCY Development of a Disaster Recovery and Re -development Plan $585,000 Flood Defense Program Downtown Flood Protection Improvements $102,420,000 Salt Flats Levee System, Phase 2 $3,565,000 Gulf Coast Ecosystem Restoration Council August 20, 2015 co NV Eco Jv Sfo ----- RESTORE Act • Signed into law July 6, 2012 • Dedicates 80% of Clean Water Act civil & admin penalfies resulfing from Deepwater Horizon oil spill to the Gulf Coast Restoration Trust Fund • Created the Gulf Coast Ecosystem Restoration Council with responsibility over 60% of the Trust Fund s� fo RESTORE Allocation of Funds Allocation of Gulf Coast Restoration Trust Fund Clean Water Act Penalties a 20% Oil Spill Liability Trust Fund 80% Gulf Coast Restoration Trust Fund i 35% Equally distributed to 5 Gulf States (AL, FL, LA, MS, TX) i 30%* Gulf Coast Ecosystem Restoration Council for ecosystem restoration i 30% Impact based distribution to 5 Gulf States (AL, FL, LA, MS, TX) i 2.5%* Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program 1 2.5%* Centers of Excellence *Supplemented by interest generated by the Trust Fund (50% to Guff Coast Ecosystem Restoration Council, 25% to Science Program, 25%© to Centers of Excellence) Gulf Coast Ecosystem Restoration Council The 11 -member RESTORE Council is comprised of: • Governors from the five (5) affected Gulf States • Secretary of the Department of Commerce (Chair) • Secretary of the Department of Agriculture • Secretary of the Department of the Army • Administrator of the Environmental Protection Agency • Secretary of the Department of Homeland Security • Secretary of the Department of the Interior 057E 0 S' s f1 o ----- • Settlement with Transocean for $1 billion Clean Water Act civil penalties • 80% or $800 million plus interest is available in the Trust Fund • On July 2, BP announced Agreements in Principle with the US & Gulf States • Provides for $5.5 billion Clean Water Act penalty • Payable over 15 years • Terms are subject to a Confidentiality Order • Will not become final until a Consent Decree is negotiated, made available for public review & approved by the court co NV Eco J" s f1 ----- Bucket 2 Allocation of Gulf Coast Restoration Trust Fund 35% Equally distributed to 5 Gulf States (AL, FL, LA, MS, TX) Clean Water Act Penalties 80% Gulf Coast Restoration Trust Fund 30%* Gulf Coast Ecosystem Restoration Council for ecosystem restoration 30% Impact based distribution to 5 Gulf States (AL, FL, LA, MS, TX) 111. 20% Oil Spill Liability Trust Fund 2.5%* Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program 2.5%* Centers of Excellence *Supplemented by interest generated by the Trust Fund (50% to Guff Coast Ecosystem Restoration Council, 25% to Science Program, 25%© to Centers of Excellence) 057 ECOSV 4 s..A J f^ " RESTORE Bucket 2 Requirements • Council to restore the Gulf "without regard to geographic location" • 4 Priority Criteria from the Act: • Provide the greatest contribution to restoring & protecting the natural resources of the Gulf • Large-scale • Build upon existing coastal restoration plans or programs • Provide for long-term ecosystem resilience to areas most impacted by the DWH oil spill August 2014: Council invited Members to submit up to 5 proposals each 50 proposals with 380 "Components" submitted All proposals & "Context Reports" posted on web Context Reports Evaluated Projects By: • Eligibility • Budget • Consistency with the Act & Initial Comprehensive Plan • Best Available Science • Environmental Compliance Focus Areas • Habitat • Water Quality Emphasis Areas Foundational • Sustainable • Likely to succeed • Benefits the human community 0 NV E 0 ESTORE j'rORqr10 N GOA= { Initial Draft Funded Priorities List (FPL) • Focus on 10 Key Watersheds • Highly -Leveraged • Lay the Groundwork for the Future by Supporting Large -Scale Planning Projects • Foundational Restoration Investments • If all Category 1 & 2 activities were fully implemented, this Draft FPL would build upon or leverage approximately $1.27 billion additional restoration investments. • That means that every $1 the Council spends from Bucket 2 would build upon $7 of prior, concurrent, or future investments. Draft Funded Priorities List: Two Categories Category 1 • Proposed for funding in final FPL • Includes planning & on -the -ground restoration • Applicable environmental laws addressed (e.g. NEPA) Category 2 • Priorities for further review & potential future funding • Additional analysis needed, including environmental compliance • Have planning components in Category 1 Draft Funded Priorities List: Some Highlights • Conserve 9,400 acres of coastal habitat • Plug 11 abandoned oil & gas wells • Backfill 16.5 miles of abandoned oil & gas canals • Eliminate the use of 16,000 pounds of fertilizer annually • Reduce pollutant loads by 60,000 pounds annually • Invest in Gulf -wide science, coordination, planning, & restoration training programs GO NV ECO`r/- s� fo " RESTORE p Our Partners Include IrORq r10 N GOA= • NFWF • NRDA Trustees • CIAP • CWPPRA • Knobloch Foundation • Migratory Bird Conservation Fund • The Conservation Fund • TNC • GOMRI • Audubon • Wildlife MS • Several Local Cities & Counties • USM t4GONsT EGOS, sem, sT' In tialDraft FPL rQRq tI O N GOA= 10 Key Watersheds • —41 to._a . ' = t . • • • • K: • Gulf Coast Ecosystem Restoration Council Laguna Madre Watershed Restore, Protect, and Rebuild Projects aunaare • Padre d } Gulf of Mexico r ■Plug Abandoned Oil and Gas Wells (DOI_RESTO RE_003_049-051 _Catl ) Bahia Grande Wetland System Restoration (DOC_RESTORE_001_001_Cat1/Cat2) Bahia Grande Coastal Corridor (TX_RESTORE_001_000_Catl) 0 5 10 20 Miles 1 0 5 10 20 Kilometers Map Date: July 16, 2015 Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i -cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX. Getmapping. Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Laguna Madre Why this is a Key Watershed • Only hyper saline coastal lagoon in North America • Supports rare & endangered species (e.g. Kemp's Ridley Turtle & Piping Plover) & fragile habitat Ecological Stressors • Habitat fragmentation from regional land uses • Water quality/quantity & invasive species Council Restoration Activities • Land acquisition (co -funded with Knobloch) • Hydrologic restoration of coastal wetlands • Plugging abandoned oil & gas wells •` 1 V 3 4.. . $ i• ; •� • r 1,111s R • • • ` 4 Jl Gulf of Mexico Matagorda Bay Gulf Coast Ecosystem Restoration Council Matagorda Bay Watershed Restore, Protect, and Rebuild Projects Matagorda Bay System Priority Landscape Conservation [TX_RESTORE_002_000_Cat 1 l 0 5 10 20 Miles 1,til,tir,�--�� 0 5 10 20 Kilometers Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i -cubed, Earthstar Geographics, CN ES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, GP, swisstopo, and the GB User Community Matagorda Bay Why this is a Key Watershed • Biodiversity "hot spot" & diverse habitats • Supports a wide variety of endangered species (e.g. whooping crane) • Ecotourism industry Ecological Stressors • Development risk & potential habitat fragmentation • Water quality & quantity Council Restoration Activities • Unique opportunity to conserve by land acquisition • Adjoining leveraging with NFWF (Powderhorn Ranch) Gulf Coast Ecosystem Restoration Council Galveston Bay Watershed Restore, Protect, and Rebuild Proje lr Bayou Greenways (TX RESTORE_003_000_Catl/Cat2) Texas Beneficial Use/Marsh Restoration (TX RESTORE_O04_001-003_Catl l O 5 10 20lviles 1,ti1,1� 0 5 10 20 Kilometers Gulf of Mexico Ir Galveston Bay Map Date: July b, Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i -cubed, Earthstar Geographies, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, GP, swistopo, and the GIS User Community Galveston Bay Why this is a Key Watershed • 7th largest estuary in U.S. • Supports migratory birds &threatened & endangered species • Supports robust fishing Ecological Stressors • Coastal development • Water quality & quanfity Council Restoration Activities • Riparian buffers to support habitat & water quality restoration • Planning for beneficial use of dredged sediment Chandeleur Sound Gulf Coast Ecosystem Restoration Council Mississippi River Delta Restore, Protect, and Rebuild Projects Breton Sound Terrebonrie Bay r_ Biloxi Marsh Living Shoreline (LA_RESTORE_003_000_Catl ) _ Jean Lafitte Canal Backfilling (DOLRESTORE_003_048_Catl) West Grand Terre Beach Nourishment and Stabilization (LA_RESTORE_001 _000_Catl ) Golden Triangle Marsh Creation (LA_RESTORE_002_000_Catl l Lowermost Mississippi River Management (LA_RESTORE_004_000_Catl ) Mssissippi River Reintroduction Ointo Maurepas Swamp (LA_RESTORE_005_000_Catl ) Bayou Dularge Ridge, Marsh & Hydrologic Restoration (USDA_RESTORE_006 000_Cat1) 0 5 10 20 Miles I,%1,% 0 5 10 20 Kilometers Mississipp / GuIf of Mex o River Delta Service Layer Credits: Source: Esri, DigitaiGlobe, GeoEye, i -cubed, Earthstar Geographics, CN ES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, GP, swisstopo, and the GIS User Community 057E 0 Jv S Mississippi River Delta Why this is a Key Watershed • Worlds 7t" largest delta • One of the most productive estuaries in the world • Critical role in the nation's energy & economic security Ecological Stressors • Land loss crisis (combination of factors) • Hurricanes Council Restoration Activities • Build upon investments made by the state in its Coastal Master Plan • Large-scale planning supports river diversion, marsh restoration, & barrier islands • Study to support more holistic management of the Lower MS River Enhancing Opportunities for Beneficial Use of Dredge Sediments (MS_RESTORE_002_001-006_Catl ) Deer Island Beneficial Use Site (USACE_RESTORE_004_000_Catl ) Strategic Land Protection, Conservation, 1 and Enhancement of Priority — GuIf Coast Landscapes (MS_RESTORE_001_002_Catl) SeaGranf Education and Outreach (MS_RESTORE_001_011_Catl) The Mississippi Sound Estuarine Program (MS_RESTORE_003_000_Catl) J ,11 } Mississippi Sound Gulf Coast Ecosystem Restoration Council Mississippi Sound Watershed Restore, Protect, and Rebuild Projects 0 5 10 20lvtiles 1,tir,tir 0 5 10 20 Kilometers Mississippi Sound �� Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Ear hstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community 057E 0 Jv S Mississippi Sound IMI/k Why this is a Key Watershed • Diverse estuaries, bays, bayous, tidal rivers & creeks • Ecological diversity that support commercial & recreational fishing & a nationally important oyster industry • Largest undammed river in Lower 48 (Pascagoula) Ecological Stressors • Habitat loss, fragmentation & water quality Council Restoration Activities • Connecting fragmented habitat (e.g. Grand Bay, DeSoto National Forest, Gulf Islands National Seashore) • Beneficial use to create wetlands • MS Sound Estuary Program • Education & Outreach pilot 4`, �CO4 S.' A Gulf Coast Ecosyste Restoratio Council Mobile Bay Watershed Restore, Protect, and Rebuild Proje -su Mobile Bay Mobile Bay Alabama Living Shorelines Program CAL_RESTORE_004_001-003_Cat 1 /Cat2) 0 Comprehensive Living Shoreline Monitoring CAL_RESTORE_004_004_Catl/Cat2) Enhancing Opportun'rfies for Beneficial Use of Dredged Sediments IMS_RESTORE_002_007-009_Catl) OAlabama SAV Restoration and Monitoring Program CAL_RESTORE_005_001-002_Cat l ) Coastal Alabama Comprehensive OWatershed Restoration Planning Project CAL_RESTORE_003_000_Catl) Marsh Restoration in Fish River, Weeks ® Bay, Oyster Bay & Meadows Tract CDOC_RESTORE_001_006-008_Cat1 /Cat2) Mobile Bay National Estuary Program )EPA_RESTORE_002_004 Catl/Cat2) Upper Mobile Bay Beneficial Use Wetland Creation Site )USACE_RESTORE_005_000_Catl ) 5 10 20 Miles J5 10 20 Kilometers Gulf of Mexico i Service Layer Credits: Source: Esri, DigitaiGlobe, GeoEye, i -cubed Eorthstar Geographies, CN ES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community 057E 0 S' s f1o Mobile Bay Why this is a Key Watershed • Ranks 5th in the U.S. in biodiversity & 1st east of MS River • Robust ecotourism-including coastal & deep sea fishing Ecological Stressors • Land -use conversion, shoreline hardening, invasive species, & water quality degradation Council Restoration Activities • Supporting the Mobile Bay National Estuary Program • Watershed planning • Living shoreline & SAV restoration & monitoring • Beneficial use of dredged sediments to restore wetlands • Marsh restoration • G a '3, r. -.!..4T-*!' • Gulf Coast Ecosystem Restoration Council Pensacola Bay Watershed Restore, Protect, and Rebuild Projects r Pensacola Bay Living Shoreline - Phase I (FL_RESTORE_001_002_Catl /Cat2) MIBeach Haven - Joini Stormwater & Wastewater Improvement Project - Phase 11 (FL_RESTO RE_001 _004_Cat 1 i Bayou Chico Contaminated Sediment Removal- Planning, Design, and Permitting CFL_RESTORE_001_005_Catll 0 2.5 5 10 Miles I 2.5 5 10 Kilometers Pensacola Bay Gulf of Mexico Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i -cubed, Earihstar Geographies, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swistopo, and the GB User Community Pensacola Bay Why this is a Key Watershed • Diverse habitats support more than 200 species of fish & shellfish, including rare, imperiled, or threatened plant & animal species Ecological Stressors • Urban development & water quality degradation resulting in decreased oyster habitat & harvest areas & SAV habitat Council Restoration Activities • Implement stormwater/wastewater projects • Planning for contaminated sediment removal to improve water quality & habitats • Living shoreline restoration ..0.,;,-;:,.„•--,.--.....4,•*.:7;-•,,r..,,nr41-4„; ,, ...- -0.; io_P- 7,,,,,',7, -......',:,;44:.,4:i -,...'r *.4.-,'..,.,<, • '.'"''''' ''''. ,...„. ,,, ....,, ., _ . ....,..., L: ,:. ... ,..-,,y-,.....,i -1 • '' 4J.4`'''' i• 1 ‘-i, ‘. .."., ..:..-, ,k .. • 1. f• ii• ' % 0 4f...,'''' '1./.2". - • trititA;'. V.':::'f•';k4 '. ". .." ...i .. • 4 -,- ,.., ••••. L'--:, ' ,"" . , .. ,. ,...:. .... ,,, di le , .0,,.,., ...., ."- ,--- • - , ., . ..... . f,.." - • ?Ie..: .4.: ..i.....t— ' at ' " .; " . ,.• . • .4 :- ' #- . ‘(... .‘ • ' tik, ...in . . , ''' - A ...,1$ filr4 4 I. .... , ,.. .., • , •:'9 .11 "t. T , , . ,'; 1 ':'.% • '" " ' . 4 . Gulf Coast Ecosystem Restoration Council Restore, Protect, and Rebuild Projects mi Apalachicola Bay Oyster Restoration ll""9 IFL_RESTORE_002_006_Catl /Cat2) Money Bayou Wetlands Restoration (DOC_RESTORE_001_009_Catl /Cat2) Apalachicola Watershed Agriculture I=1 Water Quality Improvement (FL_RESTORE_002_005_Catl j Tate's Hell Strategy 1 (USDA RESTORE 002 001 Car ACat2) 0 5 10 20 Miles I i 0 5 10 20 Kilometers Apalachicola Bay" Service Layer Credits: Source: Esri, DigitaGlobe, GeoEye, i -cubed, Earthstar Geographics, CN ES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, GP, swstopo, and the GIS User Community 057E 0 S' s f1o Apalachicola Bay Why this is a Key Watershed • One of the most productive estuaries in the country, famous for its oysters • Designated environmentally sensitive resource (e.g. NERR, Outstanding Florida Water, Florida Aquatic Preserve, & International Man & the Biosphere Program) Ecological Stressors • Water quality & quantity Council Restoration Activities • Working with participating landowners to improve water quality & quantity • Hydrologic restoration of coastal wetlands & forest • Oyster restoration building off of NRDA Early Restoration J A• •t -woelekie /F.� . •es�"4o . • 0745- 1 ,Y 4 • 1 t- 'g,�. fi • Suwannee Watershed Gulf Coast Ecosystem Restoratio Council Suwannee Watershed Restore, Protect, and Rebuild Projects r Suwannee River Partnership Irrigation Water Enhancement Program )FL_RESTORE_003_003_Cati ) 1 5 10 26 Miles r r r I 0 5 10 20 Kilometers Gulf of Mexico • • K ti Map Date: August 04, 2015 Service Layer Credits: Source: Esri. DlgitalGlobe, GeoEye, i -cubed. Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN• IGP, swisstopo, and the GIS User Community 057E 0 S' s f1o Suwannee Watershed Why this is a Key Watershed • Covers over 7,700 miles • Big Bend Region includes one of the two largest contiguous seagrass beds in the U.S. • Sustains premier FL scallop population & variety of wildlife Ecological Stressors • Water quality & quantity Council Restoration Activities • Working with private landowners to improve water management • Activities will decrease fertilizer application & improve freshwater inflows Tampa Bay Gulf Coast Ecosystem Restoration Council Tampa Bay Watershed Restore, Protect, and Rebuild Projects Gulf of Mexico Tampa Bay Palm River Restoration Project Phase II, East McKay Bay (FL RESTORE004003_C a t l / C at2) Robinson Preserve Wetlands Restoration (DOC_R ESTO RE_001 _011 _Gat l /Cat2j Tampa Bay National Estuary Program IEPA_RESTORE_002_005_Catl/Cat2l 0 5 10 20 Miles 1,til,tir,�--�� 0 5 10 20 Kilometers Map Date: July 16, 20d5 Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i -cubed, Eorthstar Geographics, CN ES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, GP, swisstopo, and the GIS User Community Tampa Bay Why this is a Key Watershed • Largest open water estuary in FL at nearly 400 miles • Supports manatees, wading birds, & over 200 species of fish Ecological Stressors • Urban development & stormwater runoff Council Restoration Activities • Supporting highly successful Tampa Bay NEP • Habitat restoration, water quality improvement, & mitigation of erosion along the Palm River • Hydrologic restoration of Robinson Preserve r Council Monitoring & Assessment r Program Development (DOC_RESTORE_002_001_Catl ) Strategic Conservation Assessment Framework {M$_RESTORE_001 009_Catl) GOMA Coordination (AL_RESTORE_002_001_Catl ) Gulf of Mexico Conservation Enhancement Grant Program (MS_R ESTOR E_001 _005_Cat l /Caf2) Gulf of Mexico Habitat Restoration via Conservation Corps Partnerships (DOC_RESTORE_003_007_Cat1) Gulf Coast Conservation Reserve Program (MS_RESTOR E_00l _007_Cat 1 /Cat2) Gulf of Mexico Estuary Program {GMEP) IEPA_RESTORE_003_008_Cat1) Baseline Flow, Gage Analysis & On -Line Tool to Support Restoration L (EPA_RESTORE_004_000_Catl/Cat2) Foundational Gulf -wide Investments Gulf Coast 1 Ecosystem Restoration Council Gulf -wide Investments Foundational Projects 0 75 150 I 300 Miles 1 300 Kilometers -i- Map Date: July 16, 2015 Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i -cubed, Earthstar Geogrophics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, BGP, swisstopo, and the GIS User Community 057 EC0 " RESTORE Foundational Gulf -wide Investments • Gulf -wide grant program to address habitat & water quality/ quantity • Support science -based decision making: • Planning tools to support habitat & water quality restoration • Restoration monitoring & coordination • Gulf Coast Conservation Corps Program: • Equip local workforce with knowledge & skills to implement & manage restoration projects • Work with Federally -recognized Tribes to provide a tribal youth program 057 E cc, S' s f1 o ----- Next Steps • Hold Public Meetings in all Five Gulf States • Take Public Comment on the Draft FPL • Carefully Review Public Comment • Make Changes to the FPL as appropriate • Hold a Public Meeting to Vote on Approval of Final FPL Comments Due By: Sept. 28, 2015 Submit online: www.RestoreTheGulf.gov Mail: Gulf Coast Ecosystem Restoration Council Draft FPL Comments Hale Boggs Federal Building, Suite 1117 New Orleans, LA 70130 Email: draftfpicomments@restoretheguif.gov Thank You For More Information Visit: www.RestoreTheGulf.gov Bryan W. Shaw, Ph.D., P.E., Chairman Toby Baker, Commissioner Richard A. Hyde, P.E., Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALI Protecting Texas by Reducing and Preventing Pollution August 18, 2015 The Honorable Nelda Martinez P.O. Box 9277 Corpus Christi, Texas 78469 Dear Mayor Martinez, x9202722 AUB2015 15% Received Office Of The Mayor 1+3 03 As Texas' designee to the RESTORE Council, I will be hosting four listening sessions along the coast in September. The purpose of the listening sessions is to give the public an opportunity to comment on the priorities for the Texas coast as we move forward with implementing the federal RESTORE Act and distributing RESTORE funds. Specifically, the public is invited to comment on the Priorities Document, which outlines the criteria for awarding RESTORE funds and is based on elements of grant review processes currently accepted by the Federal government. In addition, a Framework document has been developed to facilitate the discussion of the implementation of the RESTORE Act in Texas. Among other things, the Framework document describes the importance of a healthy coastal community on both the environment and economy of Texas and the United States. These documents, along with information on the listening sessions, will be posted on the web site - htto://www.restorethetexascoast.org/ on August 20, 2015. The Priorities Document and the information sheet with the dates, times and locations of the four sessions are enclosed. You and your staff are welcome to attend any session that is most convenient. Please contact me at 512/239-5515, Diane Mazuca at 512/239-3504, or Stephen Tatum at 512/239-5537 if you have any questions or require additional information. Respectfully, Toby Baker Commissioner Enclosures P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-100o • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey printed on recycled paper using vegetable-based Ink LISTENING SESSIONS on RESTORE ACT Hosted by TCEQ Commissioner Toby Baker Goal: To solicit public comment on priorities for the Texas coast for the purpose of implementing the federal RESTORE Act, including the distribution of the federal funds. Monday, September 14, 2015 6:30 — 8:30 pm Galveston A&M Galveston Classroom Laboratory Building (CLB) Building 3007, Room 100 (Auditorium) 200 Seawolf Parkway Tuesday, September 15, 2015 6:3o — 8:3o pm Beaumont Lamar University University Theater Building 4400 S M L King Jr Pkwy Monday, September 28, 2015 6:3o — 8:3o pm Brownsville UT Brownsville El Gran Salon One West University Blvd Tuesday, September 29, 2015 6:3o — 8:3o pm Corpus Christi A&M Corpus Christi University Center Anchor Ballroom A&B 6300 Ocean Drive Texas Commission on Environmental Quality PRIORITIES FOR RESTORE FUNDED PROJECTS A. ECONOMIC BENEFITS • Job Creation • Infrastructure • Economic Resiliency • Impacts to Local & Regional Economy • Tourism • Gulf Seafood Marketing 25 Points B. ENVIRONMENTAL BENEFITS 25 Points • Restoration, Conservation & Preservation of Habitat • Protects or Enhances Rare and Threatened Resources • Replenishment & Protection of Living Coastal & Marine Resources • Restoration & Protection of Water Quality • Project Synergy C. COMPREHENSIVE FACTORS 20 Points • Complements Other Projects • Promotes Community Resiliency • Promotes Ecological Resiliency • Part of a Comprehensive Coastal Plan • Recreational & Educational Uses D. PROJECT LOGISTICS • Project Readiness & Planning • Likelihood of Success • Long-term Operation & Management • Success Criteria & Monitoring • Based on Best Available Science • Cost -Effectiveness E. COMMUNITY ENGAGEMENT • Public Support & Participation • Financial Partners & Funding 1 20 Points 20 Points