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Agenda Packet City Council - 10/13/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 13, 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 Greg Hackett, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Jeff Edmonds, Director of Engineering Services. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-1144 Proclamation declaring October 23, 2015, "Coastal Bend Day of Pink". Proclamation declaring the week of October 12-16, 2015, "Court Observance Week". Proclamation declaring the month of October 2015, "National Code Enforcement Month". Proclamation declaring the month of October 2015, "National Disability Employment Awareness Month". Commendations to Mr. Bobby Craig, Gy Sgt Kosta Maravelias and Ms. Patricia Flores, Teachers at Tuloso-Midway High School. Corpus Christi Page 1 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 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. MINUTES: 2. 15-1143 Regular Meeting of September 29, 2015 Attachments: Minutes - September 29, 2015.pdf I. BOARD & COMMITTEE APPOINTMENTS: 3. 15-1142 Building Code Board of Appeals Ethics Commission Mechanical/Plumbing Advisory Board Nueces County Tax Appraisal District Parks and Recreation Advisory Committee Regional Health Awareness Board Sister City Committee Corpus Christi Page 2 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Attachments: Building Code Board of Appeals.pdf Ethics Commission.pdf Mechanical Plumbing Advisory Board.pdf Nueces County Tax Appraisal District.pdf Parks and Recreation Advisory Committee.pdf Regional Health Awareness Board.pdf Sister City Committee.pdf J. 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. K. CONSENT AGENDA: (ITEMS 4 - 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. 4. 15-1106 Amendment to Council policies regarding Ad Hoc Committees Resolution amending Council Policy No. 14 of the Code of Ordinances regarding limitations on committee appointments. Attachments: Agenda Memo - Resolution amending council policy 14 Resolution amending Policy 14 5. 15-1095 Second Reading Ordinance - Amendment to City Code regarding Ad Hoc Committees (1st Reading 9/29/15) Ordinance amending Section 2-67 of the Code of Ordinances regarding limitations on committee appointments. Attachments: Agenda Memo - Ad Hoc Committee Ordinance - amending 2-67 regarding committee appointments 6. 15-1019 Second Reading Ordinance - Street Closure of Starry Road located east of Rodd Field and north of Yorktown Blvd. (1st Reading 9/29/15) Ordinance abandoning and vacating an undeveloped and unsurfaced Corpus Christi Page 3 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 72,222.48 -SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179 and requiring the owner ATA O. AZALI, INC. to comply with specified conditions. Attachments: Agenda Memo - Starry Road Ordinance - Starry Road Aerial Map - Street Closure Starry Road 7. 15-1069 Second Reading Ordinance - Accepting and appropriating the Victims of Crime Act (VOCA) Outreach Program grant for the 3rd project year (1st Reading 9/29/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $14,998.99 and an in-kind match of $6,200.00 from the No. 1020 Police General Fund; appropriating the $84,795.95 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of $14,998.99 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $105,994.94. Attachments: Agenda memo - VOCA outreach approp 09.29.2015 Ordinance - VOCA Outreach grant 2015 - Police Award letter - VOCA 2677103 8. 15-1070 Second Reading Ordinance - Accepting and appropriating the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years (1st Reading 9/29/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) Grant within the Police Department for the 16th and 17th project years with a City match of $43,067.05 and an in-kind match of $4,000 from the No. 1020 Police General Fund; appropriating the $188,264.42 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of $43,067.05 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $235,331.47. Corpus Christi Page 4 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Attachments: Agenda memo VOCA approp 09.29.2015 Award letter 1522316 Ordinance -VOCA grant 2015 - Police 9. 15-1060 Second Reading Ordinance - Accepting and appropriating State grant for Immunizations to stop vaccine preventable diseases locally (1st Reading 9/29/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the IMM/LOCALS Immunization Branch -Locals grant in the amount of $241,637 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2015, through August 31, 2016; and ratifying acceptance of the grant agreement to begin September 1, 2015. Attachments: Agenda Memo - Immunizations Grant 9-1-2015 to 9-1-2016 (Rev. 9-23-2015) Ordinance - IMM -LOCALS FY16 grant Contract - Immunizations Grant Award 9-1-2015 to 9-1-2016 10. 15-1052 Second Reading Ordinance - Accepting and appropriating State grant for the Regional Local Services System/Local Public Health System Grant (1st Reading 9/29/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant in the amount of $328,736, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide essential public health services for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. Attachments: Agenda Memo - RLSS/LPHS grant 9-1-2015 to 9-1-2017 (Rev. 9-23-2015) Ordinance - RLSS/LPHS Grant 9-1-2015 to 8-31-2017 Grant Award - RLSS 9-1-2015 to 9-1-2017 11. 15-1041 Second Reading Ordinance - Annexation of Seven Tracts in Industrial District No. 1 (1st Reading 9/29/15) Ordinance annexing seven tracts of land located in Industrial District No. 1; Namely, Tract 1: owner being ABTEX, 1.09 acres northeast of the Veterans Cemetery; Tract 2: owner being Coastal State Petroleum, 0.96 acres northeast of Up River Road and Navigation Blvd.; Tract 3: owner being Coastal States Petroleum, 0.58 acres northeast of Up River Road Corpus Christi Page 5 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 and Navigation Blvd.; Tract 4: owner being Coastal Liquids Partners, 0.10 acres northeast of Up River Road and Navigation Blvd.; Tract 5: owner being Coastal Liquids Partners, 0.92 acres northeast of Up River Road and Navigation Blvd.; Tract 6: owner being Exxon Pipeline, 0.18 acres, south of the intersection of Buddy Lawrence and Oak Park Roads; and Tract 7: owner being Koch Gathering Sys Inc., 0.25 acres, south of the intersection of Buddy Lawrence and Oak Park Roads and next to Tract 6; providing for a Municipal Services Pian for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; designating area to be added to City Council District Number 1; providing for severance; and providing an effective date. Attachments: Agenda Memo - Annexation Ind District Tracts Annexation Ordinance with Service Plan - Industrial District Annexation Annexation Schedule Attachment Presentation - Industrial District Annexation 12. 15-1071 Second Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for CAH -DHL Commercial Tracts located east of IH -69 within the Allison Service Area (1st Reading 9/29/15) Ordinance exempting the CAH -DHL Commercial Tract, Block 1, Lot 1 subdivision located east of highway 37, from the payment of wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo - CAH -DHL Comm Tract, Block 1, Lot 1 Ordinance - CAH -DHL Wastewater fees exemption Agreement - CAH -DHL Properties Sanitary Sewer Conn Location Map - CAH DHL San Sewer 13. 15-1061 Second Reading Ordinance - Accepting and appropriating a grant for air quality planning activities (1st Reading 9/29/15) Ordinance appropriating $405,243.32 in grant funds from the Texas Commission on Environmental Quality (TCEQ) in the Community Enrichment Fund No. 1071; increasing expenditures by $405,243.32 in the Community Enrichment Fund No. 1071; and authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $405,243.32 from the TCEQ for air quality planning activities. Corpus Christi Page 6 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Attachments: Agenda Memo - TCEQ Grant.docx Ordinance - TCEQ Grant.docx Agreement - TCEQ Grant.pdf L. EXECUTIVE SESSION: (ITEMS 14 - 15) 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. 14. 15-1145 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. 15. 15-1112 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. M. PUBLIC HEARINGS: (ITEMS 16 - 21) 16. 15-1111 Public Hearing for the Plan CC Comprehensive Plan 2035 Public hearing for the adoption of a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan 2035". Attachments: Agenda Memo - Plan CC Draft Ordinance - Plan CC Planning Commission Final Report - Plan CC Presentation - Plan CC Council final 1st Draft Public Comments - Plan CC 2nd Draft Public Comments - Plan CC Aug 12 Public Hearing Comments - Plan CC Letters Submitted 17. 15-1018 Public Hearing and First Reading Ordinance - Rezoning property located at 3802 Cimarron Boulevard Corpus Christi Page 7 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Case No. 0815-03 The Clower Company: From the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. The property to be rezoned is described as being an 8.922 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Lipes Boulevard and Cimarron Boulevard. Staff Recommendation: Tract 1 - Approval of the "CN -1" Neighborhood Commercial District on 4.08 acres. Tract 2 - Denial of the "CN -1" Neighborhood Commercial District on the remaining 4.842 acres and, in lieu thereof, approval of the "RM -1" Multifamily 1 District. Planning Commission Recommendation: Tract 1 - Approval of the "CN -1" Neighborhood Commercial District on 4.08 acres. Tract 2 - Denial of the "CN -1" Neighborhood Commercial District on the remaining 4.842 acres and, in lieu thereof, approval of the "RM -2" Multifamily 2 District. Ordinance: Ordinance amending the Unified Development Code, upon application by The Clower Company on behalf of Cimarron Company, by changing the UDC Zoning Map in reference to an 8.922 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo The Clower Company Ordinance PC Rec 0815-03 The Clower Company Ordinance CN -1 0815-03 The Clower Company Ordinance CN-1&RM-1 0815-03 The Clower Company Zoning Report -The Clower Company Presentation- The Clower Company 18. 15-1020 Public Hearing and First Reading Ordinance - Rezoning property located at 3202 Interstate Highway 69 Access Road Case No. 0815-02 CAH -DHL Properties, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 15.23 acre tract of land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Document Number 2002040593, of the Official Public Records of Corpus Christi Page 8 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Nueces County, Texas, located along the east side of Interstate Highway 69 about 2,000 feet north of County Road 48. Planning Commission and Staff Recommendation (August 26, 2015): Approval of the change of zoning from the "FR" Farm Rural District to "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code, upon application by CAH -DHL Properties, LLC, by changing the UDC Zoning Map in reference to a 15.23 acre tract of land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, 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. Attachments: Agenda Memo - CAH -DHL Properties, LLC Ordinance CAH -DHL Properties, LLC Zoning Report - CAH -DHL Properties, LLC Aerial Location Map - CAH -DHL Properties, LLC 19. 15-1040 Public Hearing and First Reading Ordinance - Rezoning property located at 5105 Up River Road Case No. 0815-05 Vincent Gerard and Associates: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a cell tower of 125 feet in height.The property to be rezoned is described as being Lot 1, Block 3B, Kaler Addition, located along the south side of Up River Road between Savage Lane and North Navigation Boulevard. Planning Commission and Staff Recommendation (August 26, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a cell tower of 125 feet in height Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Vincent Gerard and Associates on behalf of Darlene Lee ("Owner") by changing the UDC Zoning Map in reference Lot 1, Block 3B, Kaler Addition from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 9 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Attachments: Agenda Memo - Vincent Gerard and Associates Ordinance - Vincent Gerard and Associates Zoning Report - Vincent Gerard and Associates Aerial Map - Vincent Gerard and Assoicates 20. 15-1099 Public Hearing and First Reading Ordinance - Rezoning property located at 14721 Running Light Drive Case No. 0915-04 Padre Coastal Homes, LLC: A change of zoning from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay, not resulting in a change to the Future Land Use Map. The property is described as Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, located on the south side of Running Light Drive. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Padre Coastal Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Padre Coastal Homes, LLC Ordinance - PUD -0915-04 Padre Coastal Homes, LLC Zoning Report - Padre Coastal Homes, LLC Aerial Location Map - Padre Coastal Homes, LLC 21. 15-1066 Public Hearing and First Reading Ordinance - Realign County Road 50 east of IH 69, 450 feet north of the current alignment designated in the Urban Transportation Plan Ordinance amending the Corpus Christi Urban Transportation Plan, a part of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by realigning County Road 50; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Corpus Christi Page 10 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Attachments: Agenda Memo - UTP Amendment Ordinance - UTP Amendment Memo from Traffic Engineer with attachments Location Map - UTP Amendment Presentation - UTP Amendment N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 22 - 28) 22. 15-1109 First Reading Ordinance - Amending the FY2015-2016 Crime Control and Prevention District Budget Ordinance approving the FY 2015-2016 amended budget for the Corpus Christi Crime Control and Prevention District (CCCCPD) to include expenditures of $514,001 for the Police building security project; appropriating $514,001 from unrestricted fund balance in the No 9010 CCCCPD Fund for Police building security project; and amending the FY2015-2016 operating budget adopted by Ordinance 030620 to increase expenditures by $514,001. Attachments: Agenda Memo - Amend CCD FY2016 budget Ordinance - Adopting Amended CCCCPD Budget 2015 (revised) COF - Amend FY16 CCD budget 23. 15-1110 First Reading Ordinance - Accepting and appropriating Federal grant funds for FY2015 Body -Worn Camera Project within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Department of Justice, Bureau of Justice Assistance in the amount of $125,000 for the FY2015 Body -Worn Camera Project grant within the Police Department, for purchase of body cameras, with a City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000, and appropriating $125,000 in the No. 1061 Police Grants Fund. Attachments: Agenda memo - Body cam appro 10.13.2015 Ordinance - Body Camera Grant, 2015 - Police Award - Report 24. 15-1063 First Reading Ordinance - Accepting and appropriating State funds for the Tuberculosis Prevention and Control -State grant Ordinance authorizing the City Manager or designee to execute all Corpus Christi Page 11 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 documents necessary to accept and amend a grant contract for the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329, to provide tuberculosis prevention and control services for the contract period September 1, 2015, through August 31, 2016; authorizing the transfer of $12,329, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the same for a total project cost of $73,974; and ratifying acceptance of the grant agreement to begin September 1, 2015. Attachments: Agenda Memo -TB State Grant 9-1-2015 to 9-1-2016 (Rev. 10-5-2015) Odinance - TB PC STATE FY16 grant Award - TB State Grant 9-1-2015 to 9-1-2016 (Pending ouncil Approval) 25. 15-1117 First Reading Ordinance - Accepting and appropriating State funds for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $165,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. Attachments: Agenda Memo - Infectious Disease Preparedness Grant (9-1-2015 to 9-1-2017) Ordinance - Infectious Disease Preparedness grant 9-1-2015 to 9-1-2017 Award - Infectious Disease Preparednes Grant 9-1-2015 to 9-1-2017 (Subiect tc 26. 15-1068 First Reading Ordinance - Authorization for the City Manager to approve and execute Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company for Mary Rhodes Pipeline Phase 2 Ordinance authorizing the City Manager or designee to approve and sign multiple Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company (AEP) to install buried utility lines used in connection with City's construction, operation and maintenance of the Mary Rhodes Pipeline Phase 2 water pipeline and associated appurtenances. Corpus Christi Page 12 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Attachments: Agenda Memo - Partial Assignment Esmt.docx Ordinance - Partial Assignemt Esmt.docx Location Map - Partial Assignment Esmt Presentation - Partial Assignment Esmt 27. 15-1092 First Reading Ordinance - Lease Agreement for portion of City parking lot located at Mann Street and Mesquite Street Ordinance authorizing the City Manager or designee to execute a lease with the Results Companies for portion of City parking lot located at Mann Street and Mesquite Street for a term of three years, with a two year renewal option. Attachments: Agenda Memo - Mann Parking Lot Lease Ordinance - Mann Parking Lot Lease Agreement - Mann Parking Lot Lease (Signed) 28. 15-1116 First Reading Ordinance Amending the Code of Ordinances, City of Corpus Christi, Section 55-3 Ordinance amending the Code of Ordinances, City of Corpus Christi, Section 55-3 regarding gas purchase exemptions for large gas users within the city limits; and providing for publication. Attachments: Agenda Memo - Gas Amendment Ordinance - Large Gas Users Amendment P. FUTURE AGENDA ITEMS: (ITEMS 30 - 36) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 29. 15-1115 Approval to submit a grant application to the State of Texas for funding available under the Local Border Security Program Grant Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $270,220 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2016 Local Border Security Program Grant. Attachments: Agenda memo - LBSP application 10.13.2015 Resolution - LBSP Grant 2015 30. 15-1107 Legal Services Contract with Tim Brown for general water issues Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus expenses. Corpus Christi Page 13 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Attachments: Agenda Memo - Tim Brown Contract.Sept.2015.2 Agreement - Tim Brown Legal Services 2015-2016 31. 15-1072 Engineering Design for the Ennis Joslin Road Extension (BOND 2014, Proposition 2) Motion authorizing the City Manager, or designee, to move the Ennis Joslin Road to Holly Road Extension project from preliminary engineering to final design by executing Amendment No. 1 to the contract for professional services with Urban Engineering of Corpus Christi, Texas in the amount of $360,980.00 for a restated fee of $408,980.00. (Bond 2014, Proposition 2) Attachments: Agenda Memo - Ennis Joslin Project Budget - Ennis Joslin Extension Location Map - Ennis Joslin Extension Bond 2014 Prop 2 Presentation - Ennis Joslin Extension Contract - Ennis Joslin Road Extension 32. 15-1104 Type A Grant for Texas A&M University -Corpus Christi (TAMU-CC) Internship Program Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi (TAMU-CC) to provide grant up to $238,635 for their internship program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. Attachments: Agenda Memo - TAMU-CC Internship Grant Resolution & Agreement - TAMU-CC Internship Grant 33. 15-1100 Type A Grant for Del Mar College Internship Program Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $217,223 for their internship program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. Attachments: Agenda Memo - Del Mar Internship Grant Resolution - Del Mar Internship Grant 34. 15-1102 Type A Grant for Del Mar Procurement Technical Assistance Center (PTAC) Program Corpus Christi Page 14 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 Resolution to approve the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide a grant up to $37,500 for their Procurement Technical Assistance Center (PTAC) to assist small business and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. Attachments: Agenda Memo - Del Mar PTAC Grant Resolution & Agreement - Del Mar PTAC Grant 35. 15-1103 Type A Grant for Service Corps of Retired Executives (SCORE) Small Business Assistance Program Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $50,000 for their small business assistance program and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. Attachments: Agenda Memo - SCORE Grant Resolution & Agreement - SCORE Grant 36. 15-1101 Type A Grant for LiftFund Loan Buy -Down Program Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. (LiftFund) to provide a grant up to $250,000 for their loan buy -down program to assist small business and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. Attachments: Agenda Memo - LiftFund Grant Resolution & Agreement - LiftFund Grant Q. DISCUSSION ITEM FOR AD HOC RESIDENTIAL STREET INFRASTRUCTURE COMMITTEE: (ITEM 37) 37. 15-1073 Discussion and possible action regarding the Resolution Approving the Formation of an Ad Hoc Residential Street Infrastructure Advisory Committee Attachments: Agenda Memo - Discussion - Formation of Ad Hoc Street Committee Draft Resolution - Residential Street Ad Hoc Committee v.6 Committee Disclosure Statement Corpus Christi Page 15 Printed on 10/12/2015 City Council Meeting Agenda - Final October 13, 2015 R. BRIEFINGS: (NONE) 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. 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 16 Printed on 10/12/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 29, 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 at 11:32 a.m. B. Invocation to be given by Reverend John Hardie, St. Mark's Episcopal Church. Reverend John Hardie gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Daniel McGinn, Assistant Director of Environmental and Strategic Initiatives. Assistant Director of Environmental and Strategic Initiatives Dan McGinn 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: Assistant City Manager Wes Pierson, 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 October 6, 2015, "National Active and Retired Federal Employees (NARFE) Distinguished Members Recognition Day" Proclamation declaring October 6, 2015, "National Night Out" Proclamation declaring October 4-10, 2015, "National Fire Prevention Week" Proclamation declaring October 5-11, 2015, "Corpus Christi Symphony Week" Corpus Christi Page 1 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 Proclamation declaring October 2015, "Dysautonomia Awareness Month" Certificate of Commendation to Ryan Lennan Mayor Martinez presented the proclamations and a Certificate of Commendation to Ryan Lennan. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for comments from the public. Reverend Adam T. Carrington, 2949 Riverbend Court, spoke regarding the social economic injustices being made to the Hillcrest area as a result of the red route for the new Harbor Bridge and Plan CC 2035 re -zoning from a residential area to a light industrial area. Mr. Carrington urged the City Council to reconsider the rerouting of the new Harbor Bridge and revisit the Plan CC 2035 draft for the Hillcrest area. Jack Gordy, 4118 Bray, spoke regarding the palm trees on Airline Road and requested the document from the U.S. Department of Justice stating that the grace period to remove the palm trees was extended beyond 30 months. Mr. Gordy also addressed the violations to state law regarding license plate stickers. Lamont Taylor, 1701 Stillman,spoke regarding the impacts of Plan CC 2035, the new Harbor Bridge, and pollution in the Washington Coles and Hillcrest neighborhoods. Mr. Taylor expressed his opinion on the lack of attention being paid to these neighborhoods. May Milligan, 1601 Palm Drive, spoke regarding the changes to the Hillcrest neighborhood and the impact additional traffic will have on pollution. Barbara Major, 1315 Van Loan, asked for justice for the Hillcrest area and asked the City Council to think about the health of the residents in the area. Rose Crawford, 1400 Peabody, provided information on air quality and the impact the new Harbor Bridge red route will have on emissions and increased benzene calculations in the future if approved. Ms. Crawford said the Citizens Alliance on Fairness and Progress is aiming for change for Corpus Christi and the residents in the Washington Coles and Hillcrest area. Reverend Henry Williams said the residents have a vision for our City and requested that the City Council hear the voices of the Hillcrest residents regarding their concerns on the new Harbor Bridge and Plan CC 2035. Errol Summerlin, Citizens Alliance for Fairness and Progress, spoke regarding Plan CC 2035 prematurely assuming that the new Harbor Bridge will be built on the red route and requested that Plan CC 2035 be delayed. Shirley Thornton, 1917 Woodcrest, thanked the City Council for their service and for cutting the City budget. Ms. Thornton asked the City Council to direct the City Manager to challenge staff to find look for inefficiencies at all levels of the City to save money. Abel Alonzo, 1701 Thames, thanked the City Council for their unanimous support to approve the City budget and said City Manager Olson is a blessing to the community. Mr. Alonzo stated that City Manager Olson has worked to hold departments accountable, run the City in the most efficient manner, surrounded himself with the best management, and promoted education. Rodney Page, 1519 Leopard, thanked the City Council and staff for addressing the street repairs, as a result of the re-routing of the Regional Transportation Authority (RTA) buses, around his property at Mexico and Corpus Christi Page 2 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 Leopard Streets. Daniel Pena, 2813 Hulbirt Street, spoke regarding five work orders he reported since February regarding streets. Carolyn Burger, 3821 Dunstain, said she addressed the City Council at the last meeting regarding dirty water at her home three times in the last four months. Ms. Burger was previously informed that the dirty water was a result of a pump at the O.N. Stevens Water Treatment Plant. Ms. Burger reported that a City crew flushed the fire hydrant in her area and did not take samples before or after the flushing. Ms. Burger said she would like the City to inform her of the cause of the dirty water and said clean drinking water should be the first priority of the City. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. Assistant City Manager Wes Pierson reported on the following issue: a. OTHER National Night Out activities will take place on Saturday, October 3, 2015 from 2:00 p.m. to 5:00 p.m. at the Sears Parking Lot, Sunrise Mall, located at 1301 Airline. Tuesday, October 6 is National Night Out from 6:00 p.m. to 9:00 p.m. Assistant City Manager Pierson encouraged the public to participate in those activities. H. MINUTES: 2. Regular Meeting of September 22, 2015 Mayor Martinez referred to approval of the minutes. Council Member Rubio made a motion to approve the minutes, seconded by Council Member Garza and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 22) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. Council Member Magill made a motion to approve the consent agenda items, seconded by Council Member McIntyre. The consent agenda items were passed 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 Corpus Christi Page 3 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 3. 4. Abstained: 0 Purchase and Lease Purchase of sixty-two (62) Police Vehicles Resolution rejecting non -local bids and accepting the local bid of AutoNation Ford -Corpus Christi ("AutoNation") for the lease -purchase of 20 sedans; accepting the only bid from Silsbee Ford for the purchase of two sport utility vehicles; rejecting a non -local bid and accepting the local bid of AutoNation for the purchase of 40 sport utility vehicles; and authorizing the City Manager, or designee, to execute all necessary agreements for the purchase and financing of 62 vehicles totaling $1,673,260.12. Silsbee Ford Silsbee, TX Item 2 $74,790.00 Purchase Lease -Purchase Interest for Lease Total Cost AutoNation Ford Corpus Christi, TX Item 1 & 3 $1,567,800.00 $1,169,590.00 $473,000.00 $30,670.12 $1,673,260.12 This Resolution was passed on the consent agenda. Enactment No: 030624 Purchase and Lease Purchase of forty-eight (48) Vehicles Motion approving the purchase of fifteen vehicles and the lease -purchase of thirty-three vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $1,451,711.48. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the vehicles have been budgeted in FY 2014-2015. Financing for the lease -purchase of the vehicles will be provided through the City's lease -purchase financing contractor. Purchase - Lease Purchase - Interest for Lease - Total Cost $416,532.28 $972,143.73 $63,035.47 $1,451,711.48 This Motion was passed on the Consent Agenda. Enactment No: M2015-104 Corpus Christi Page 4 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 5. Lease -Purchase of four (4) Heavy CNG Trucks for the Street Department Motion approving the lease -purchase of four heavy compressed natural gas (CNG) trucks from Corpus Christi Freightliner of Corpus Christi, Texas for a total cost of $641,491.90. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). Funding is available from the city's lease -purchase financing contractor. Purchase Price - $602,429.36 Interest for Lease - $39,062.54 Total Cost $641,491.90 This Motion was passed on the Consent Agenda. Enactment No: M2015-105 6. Lease -Purchase of two (2) Bucket Trucks for the Street Department Motion approving the lease -purchase of two bucket trucks from Grande Truck Center of San Antonio, Texas for a total cost of $200,502.80. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the city's lease -purchase financing contractor. Purchase Price - $188,293.52 Interest for Lease - $12,209.28 Total Cost $200,502.80 This Motion was passed on the Consent Agenda. Enactment No: M2015-106 7. Purchase of two (2) Sport Utility Vehicles for Code Enforcement Motion approving the purchase of two sport utility vehicles from Caldwell Country Ford in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $53,218.00. Funds have been budgeted by Code Enforcement in FY 2014- 2015. This Motion was passed on the Consent Agenda. Enactment No: M2015-107 Corpus Christi Page 5 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 8. Purchase of Meter Transmission Units for the Water Department Resolution finding that competitive bids are not required for a procurement from Aclara Technologies, LLC, and authorizing the City Manager, or designee, to execute an agreement with Aclara Technologies, LLC, for $463,312 to purchase 7,384 meter transmission units. This Resolution was passed on the Consent Agenda. Enactment No: 030625 9. Lease -Purchase of Curbside Refuse and Recycle Containers for Customer Use Motion approving the lease -purchase of 10,616 96 -gallon curbside refuse containers and 1,870 96 -gallon curbside recycle containers from Cascade Cart Solutions, Grand Rapids, MI for the total amount of $626,916.01. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H -GAC). The containers will be used in the City's automated collection program. Funding is available from the city's lease purchase financiing contractor. Purchase Price - $588,741.04 Interest for Lease - $38,174.97 Total Cost $626,916.01 This Motion was passed on the Consent Agenda. Enactment No: M2015-108 10. Service Agreement to expand the citywide integrated mapping system in Maximo Resolution finding that competitive bids are not required for a procurement from Pierpoint Technologies, LLC, dba ActiveG, and authorizing the City Manager, or designee, to execute an agreement with ActiveG for $66,800 to expand the citywide integrated mapping system in Maximo to include additional building and location attributes to improve work order management. This Resolution was passed on the Consent Agenda. Enactment No: 030626 11. Merchant Account Services Agreement to allow the City to receive credit and debit card payments Motion approving a service agreement with Fidelity Information Corpus Christi Page 6 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 Services, LLC (FIS) to provide a Merchant Account for Credit/Debit Card payments for an estimated annual expenditure of $692,948.86, based on lowest responsive proposal in accordance with Request for Proposal No 45. The agreement is established for a three year period with options to extend the agreement for up to two additional twelve month periods, subject to the approval of the City Manager or designee and the service provider. Funding is available in the various using department operational budgets. This Motion was passed on the Consent Agenda. Enactment No: M2015-109 12. Upgrade Automated Fingerprint Identification System (AFIS) Resolution finding that competitive bids are not required for procurement from 3M Cogent, Inc., and authorizing the City Manager, or designee, to execute agreements with 3M Cogent, Inc., totaling $98,949.60 for the purchase of software and hardware to upgrade the existing automated fingerprint identification system. This Resolution was passed on the Consent Agenda. Enactment No: 030627 13. Hiring the External Auditor for the FY 2015 Audit Motion authorizing the City Manager or his designee to execute a service agreement with Collier, Johnson, & Woods, P.C., of Corpus Christi, Texas, to provide professional auditing services for fiscal year (FY) 2014-2015 in an amount not to exceed $185,000. This Motion was passed on the Consent Agenda. Enactment No: M2015-110 14. Purchase Network Equipment for City Hall, Public Safety, and Library Facilities Motion approving a purchase with Computer Solutions of San Antonio, Texas, for network hardware equipment based on the cooperative purchasing agreement with the Texas Department of Information Resources (DIR) for an estimated total amount of $229,675.50. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. This Motion was passed on the Consent Agenda. Enactment No: M2015-111 15. Amendment No. 3 to the Information Technology Contract for Project Management Corpus Christi Page 7 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 16. 17. Motion authorizing the City Manager or designee to execute Amendment No. 3 to the Information Technology Contract LMR Consulting aka Upland Software dba EPM Live from Carlsbad, CA in the amount of $102,274.40, for a re -stated fee of $227,399.60 for the implementation of Project Management Software. This Motion was passed on the Consent Agenda. Enactment No: M2015-112 Amendment No. 1 to the Engineering contract for Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $89,942 for a total restated fee not to exceed $175,896 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements for design, bid and construction phase services. This Motion was passed on the Consent Agenda. Enactment No: M2015-113 Resolution Supporting the Application of the Downtown Management District for hosting Texas Downtown Association Conference Resolution supporting the Corpus Christi Downtown Management District submission of an application to host the 2017 Texas Downtown Association Conference. This Resolution was passed on the Consent Agenda. Enactment No: 030628 18. Approving the FY 2016 Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau Motion authorizing the City Manager or designee to execute an Amended Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for a period ending September 30, 2018. This Motion was passed on the Consent Agenda. Enactment No: M2015-114 19. Interlocal Agreement with the Downtown Management District Corpus Christi Page 8 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 Resolution authorizing Interlocal Agreement with Corpus Christi Downtown Management District. This Resolution was passed on the Consent Agenda. Enactment No: 030629 20. Second Reading Ordinance - Construction Contract and Construction Materials Testing Contract for Williams Drive Phase 3 from Staples Street to Airline Road (Bond 2012) (1st Reading 9/22/15) Ordinance appropriating anticipated revenues; authorizing the City Manager or designee to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $8,698,783.50 for the Base Bid; and to execute a construction materials testing contract with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $112,135 for Williams Drive Phase 3 from Staples Street to Airline Road (BOND 2012). This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030630 21. Second Reading Ordinance - Appropriating capital proceeds accrued from June 1, 2014 through July 31, 2015 in their respective Capital Improvement Program Funds (1st Reading 9/15/15) Ordinance appropriating amounts of (a) $13,184.50; (b) $290,604.57 (c) $484,822.06; (d) $47,395.11; and (e) $192,120.28 into the Airport CIP, Bond Proceed, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Convention Center, Parks, and Streets, and as further detailed in the Attachment 1; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase expenditures accordingly. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030631 22. Second Reading Ordinance - Appropriating funds for the City Website Redesign (1st Reading 9/15/15) Ordinance authorizing City Manager or designee to execute a Statement of Work to purchase web design services from Digital Corpus Christi Page 9 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 Results LLC, dba Springbox, in accordance with Texas Department of Information Resources contract DIR-TSO-2619 in the amount of $185,081.04; appropriating $185,081.04 from the unreserved fund balance of the No. 1020 General Fund; changing the FY 2014-2015 Operating Budget adoped by Ordinance 030294 to increase expenditures by $185,081.04. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030632 M. PUBLIC HEARINGS: (ITEM 24) 24. Public Hearing and First Reading Ordinance - Street Closure of Starry Road located east of Rodd Field and north of Yorktown Blvd. Ordinance abandoning and vacating an undeveloped and unsurfaced 72,222.48 -SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179 and requiring the owner ATA O. AZALI, INC. to comply with specified conditions. Mayor Martinez deviated from the agenda and referred to Item 24. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a portion of the Starry Road public right-of-way. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rubio. 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 Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Riojas Abstained: 0 L. EXECUTIVE SESSION: (ITEM 23) 23. 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. Corpus Christi Page 10 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 Mayor Martinez referred to the day's executive session and announced that the e -session was withdrawn. Mayor Martinez recessed the City Council meeting at 12:50 p.m. N. ONE READING ACTION ITEMS: (ITEMS 25 - 26) 25. Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $157,060. Mayor Martinez reconvened the Council meeting at 1:29 p.m. Mayor Martinez referred to Item 25. Assistant Director of Environmental and Strategic Initiatives Dan McGinn stated that the purpose of this item is to authorize the renewal of the annual Joint Funding Agreement for Water Resources Investigation with the U.S. Geological Survey (USGS) for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir system. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the motion, seconded by Council Member Riojas. This Motion was passed 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 Enactment No: M2015-115 26. Engineering Professional Services Contract - Automated Pavement Condition Index Survey Motion authorizing the City Manager, or designee, to execute a contract for professional services with Transmap Corporation in the amount of $372,125.70 for the Automated Pavement Condition Index Survey project. Mayor Martinez referred to Item 26. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a professional services contract with Transmap Corporation for the Automated Pavement Condition Corpus Christi Page 11 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 Index (PCI) Survey project. Ms. Gray presented the following information: the difference between the current PCI evaluation process and the proposed contract; the scope of work in Base Bids 1-3; the additional services that will be provided; and examples of the capabilities the Transmap van has while driving on the street. Council members spoke regarding the following topics: structural analysis of the bridges; whether the uploaded data will have the ability to generate an automatic alert of areas that immediately need to be targeted; an arrangement with the Texas Department of Transportation (TXDOT) to address bridges; the ability to update data in the system (lifecycle generation); the PCI Index and the process to keep streets from deteriorating; the original amount of funding budgeted in FY2014-2015 and the actual cost of the project; the ability to emphasis residential streets; development of queries; future plans to use the data to support grant applications for infrastructure projects; data sharing with other entities; emphasis on new road construction prior to the one-year warranty on street construction; pairing this project in the future with 3D tomography for utilities; a breakdown of the project costs; and the number of vans that will be used. There were no comments from the public. Council Member Magill made a motion to approve the motion, seconded by Council Member Riojas. This Motion was passed 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 Enactment No: M2015-116 O. REGULAR AGENDA: (NONE) P. FIRST READING ORDINANCES: (ITEMS 27 - 34) 27. First Reading Ordinance - Accepting and appropriating the Victims of Crime Act (VOCA) Outreach Program grant for the 3rd project year Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $14,998.99 and an in-kind match of $6,200.00 from the No. 1020 Police General Fund; appropriating the $84,795.95 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of $14,998.99 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $105,994.94. Corpus Christi Page 12 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 Mayor Martinez referred to Item 27. Interim Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program, with a City match of $14,998.99 and an in-kind match of $6,200.00. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member McIntyre. 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 28. First Reading Ordinance - Accepting and appropriating the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) Grant within the Police Department for the 16th and 17th project years with a City match of $43,067.05 and an in-kind match of $4,000 from the No. 1020 Police General Fund; appropriating the $188,264.42 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of $43,067.05 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $235,331.47. Mayor Martinez referred to Item 28. Interim Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) Grant for the 16th and 17th project years, with a City match of $43,067.05 and an in-kind match of $4,000.00. There were no comments from the Council or the public. Council Member McIntyre 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: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 Corpus Christi Page 13 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 29. First Reading Ordinance - Accepting and appropriating State grant for Immunizations to stop vaccine preventable diseases locally Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the IMM/LOCALS Immunization Branch -Locals grant in the amount of $241,637 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2015, through August 31, 2016; and ratifying acceptance of the grant agreement to begin September 1, 2015. Mayor Martinez referred to Item 29. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept the renewal of the IMM/LOCALS Immunization Branch Local Grant in the amount of $241,637, appropriate the funds for the contract period of September 1, 2015 through August 31, 2016, and ratify acceptance of the grant agreement. There were no comments from the Council or the public. Council Member Riojas 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: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 30. First Reading Ordinance - Accepting and appropriating State grant for the Regional Local Services System/Local Public Health System Grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant in the amount of $328,736, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide essential public health services for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. Mayor Martinez referred to Item 30. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept the Regional Local Services System/Local Public Health System (RLSS/LPHS) Grant in the amount of $328,736, appropriate the funds for the contract period of September 1, 2015 through August 31, 2017 and ratify acceptance of the grant agreement to begin Corpus Christi Page 14 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 September 1, 2015. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rubio. 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 31. First Reading Ordinance - Annexation of Seven Tracts in Industrial District No. 1 Ordinance annexing seven tracts of land located in Industrial District No. 1; Namely, Tract 1: owner being ABTEX, 1.09 acres northeast of the Veterans Cemetery; Tract 2: owner being Coastal State Petroleum, 0.96 acres northeast of Up River Road and Navigation Blvd.; Tract 3: owner being Coastal States Petroleum, 0.58 acres northeast of Up River Road and Navigation Blvd.; Tract 4: owner being Coastal Liquids Partners, 0.10 acres northeast of Up River Road and Navigation Blvd.; Tract 5: owner being Coastal Liquids Partners, 0.92 acres northeast of Up River Road and Navigation Blvd.; Tract 6: owner being Exxon Pipeline, 0.18 acres, south of the intersection of Buddy Lawrence and Oak Park Roads; and Tract 7: owner being Koch Gathering Sys Inc., 0.25 acres, south of the intersection of Buddy Lawrence and Oak Park Roads and next to Tract 6; providing for a Municipal Services Plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; designating area to be added to City Council District Number 1; providing for severance; and providing an effective date. Mayor Martinez referred to item 31. Director of Development Services Dan Grimsbo stated that the purpose of this item is to annex seven tracts of land in Industrial District No. 1. There were no comments from the Council or the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member McIntyre. 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 Corpus Christi Page 15 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 32. First Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for CAH -DHL Commercial Tracts located east of IH -69 within the Allison Service Area Ordinance exempting the CAH -DHL Commercial Tract, Block 1, Lot 1 subdivision located east of highway 37, from the payment of wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Mayor Martinez referred to Item 32. Director of Development Services Dan Grimsbo stated that the purpose of this item is to exempt CAH -DHL Properties, LLC from paying $9,253.19 in wastewater lot and acreage fees. Mr. Grimsbo stated that the Planning Commission and staff recommend approval of the ordinance and the applicant is in agreement subject to the execution of a Sanitary Sewer Connection Agreement. There were no comments from the Council or the public. Council Member McIntyre 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: 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 33. First Reading Ordinance - Accepting and appropriating a grant for air quality planning activities Ordinance appropriating $405,243.32 in grant funds from the Texas Commission on Environmental Quality (TCEQ) in the Community Enrichment Fund No. 1071; increasing expenditures by $405,243.32 in the Community Enrichment Fund No. 1071; and authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $405,243.32 from the TCEQ for air quality planning activities. Mayor Martinez referred to Item 33. Assistant Director of Environmental and Strategic Initiatives Dan McGinn stated that the purpose of this item is to accept and appropriate a grant from the Texas Commission on Environmental Quality (TCEQ) in the amount of $405,243.32 for air quality planning services. Council members spoke regarding the following topics: the City of Corpus Christi having the most air monitoring stations including City, state, and industry monitors; the Corpus Christi Ship Channel being heavily monitored; and the importance of environmental initiatives. There were no comments from the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 16 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 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 34. First Reading Ordinance - Amendment to City Code regarding Ad Hoc Committees Ordinance amending Section 2-67 of the Code of Ordinances regarding limitations on committee appointments. Mayor Martinez referred to Item 34. City Secretary Rebecca Huerta stated that Items 34 and 35 are related and the purpose of the items is to amend the City of Corpus Christi Code of Ordinances so that service on an ad hoc committee does not prohibit appointment to or service on another City board, commission or committee. Item 34 is amending Section 2-67 of the Code of Ordinances and future agenda Item 35 is amending the City Council Policies. There were no comments from the Council or the public. 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 Q. FUTURE AGENDA ITEMS: (ITEM 35) Mayor Martinez referred to Future Agenda Items. Assistant City Manager Wes Pierson stated that Item 35 was presented by City Secretary Huerta during the discussion on Item 34. 35. Amendment to Council policies regarding Ad Hoc Committees Resolution amending Council Policy No. 14 of the Code of Ordinances regarding limitations on committee appointments. The Resolution was recommended to the consent agenda. R. BRIEFINGS: (ITEM 36) 36. Communication Update Mayor Martinez referred to Item 36. Director of Communications Kim Womack stated that during the City Council retreat earlier this year, the City Council named communication as a key focus area. Ms. Womack stated that the purpose of this item is to provide an update regarding communication progress. Ms. Womack presented the following information: the established Corpus Christi Page 17 Printed on 10/6/2015 City Council Meeting Minutes September 29, 2015 mission elements; progress in the Multimedia, Media Relations, and Customer Call Center Divisions; and on-going success in citizen engagement, the website, and staffing. Ms. Womack announced that the next "Let's Talk Corpus Christi" will be held on Wednesday, October 21, 2015 from 6:00 p.m. to 7:00 p.m. at the Northwest Senior Center. Council members spoke regarding the following topics: the breakdown on media assistance provided over the last six months; the number of employees in the Communications Department; the timeline to begin broadcasting the Planning Commission and Type A Board meetings; the interim newsroom; safety and cost efficiency improvements made in the Print Shop; the launching of the new website; and continuation on the anti -litter campaign. S. LEGISLATIVE UPDATE: T. ADJOURNMENT None. The meeting was adjourned at 2:30 p.m. Corpus Christi Page 18 Printed on 10/6/2015 City Of Corpus Christi BUILDING CODE BOARD OF APPEALS BOARD DETAILS OVERVIEW SIZE 7 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years CONTACT 1 Michelle McCollum 0 (361) 826-3120 michellem2@cctexas.com The Building Code Board of Appeals (BCBOA) shall have the power to hear individual appeals of decisions and interpretations of the building official on rulings and alternate materials and methods of construction and, consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the BCBOA shall have the power, after having obtained public comment, to recommend to the City Council changes to the City Building Code, Existing Building Code, Residential Construction Code, Flood Hazard Prevention Code, and Energy Conservation Code. DETAILS COMPOSITION CREATION / AUTHORITY MEETS Seven (7) members appointed by the City Council for two-year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at - large from the building industry, and one member not connected w ith the building industry. Quorum shall require four (4) members. The Board shall elect a chairman and vice chairman during the first meeting of each calendar year. Ordinance No. 12604 as amended by Ordinance No. 13554; (Sec. 1, City Code amending Sec. 111, Standard Building code, 1985 Edition); Ordinance No. 021208 - 8/06/91; Ordinance No. 028665-6/29/10, Ordinance No. 029726 1/15/13. Once quarterly, on the 3rd Thursday of the month in w hich called, 1:30 p.m., Frost Bank Building, Fire Departments Conference Room, 3rd Floor; and on call as deemed necessary. TERM DETAILS Two-year staggered terms. DEPARTMENT Development Services Chuck Anastos BUILDING CODE BOARD OF APPEALS Seeking Reappointment District 2 1 5/4/15 Architect Chair No Regular Meetings Held Randy Farrar BUILDING CODE BOARD OF APPEALS Seeking Reappointment District 5 1 5/4/15 Building Industry Member No Regular Meetings Held Debbie Schibi BUILDING CODE BOARD OF APPEALS Resigned District 4 1 5/4/15 General Contractor Member Ray Jones BUILDING CODE BOARD OF APPEALS Active District 4 2 5/4/16 Building Industry Member Robert Knowles P.E. BUILDING CODE BOARD OF APPEALS Active District 4 1 5/4/16 Engineer Member Steven McClure, Sr. BUILDING CODE BOARD OF APPEALS Active District 4 1 5/4/16 Not Connected with the Building Industry Member Ramiro Munoz III BUILDING CODE BOARD OF APPEALS Active District 5 1 5/4/16 Building Industry Vice -Chair List of Building Code Board of Appeals Members October 13, 2015 Three (3) vacancies with terms to 5-4-17 representing the following categories: 1 - Architect, 1 - Building Industry and 1 - General Contractor. (Staff is recommending the postponement of the General Contractor category for further recruitment.) List of Building Code Board of Appeals Applicants October 13, 2015 (Note: The City Secretary's Office and the Development Services Staff have made efforts to recruit bios for this Board since June 2014. At this time, there are no applications on file. If Council wishes, these appointments can be postponed for further recruitment efforts.) City Of Corpus Christi ETHICS COMMISSION BOARD DETAILS Lt SIZE 9 Seats TERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Laurie Ledesma-Garcia 0 (361) 826-3361 lauriela@cctexas.com The Ethics Commission, in addition to having jurisdiction over complaints involving any"city official", are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the citycouncil; review all public opinions related to the code of ethics that are issued bythe city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each citycouncil election. The commission shall have such meetings as may be necessaryto fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall complywith the Texas Open Meetings Act. DETAILS COMPOSITION Nine members appointed by a tw o -thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city, but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three members shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the Code of Ethics. The commission shall elect a Chairperson and a Vice -Chairperson. CREATION 1 AUTHORITY Section 2-320, Code of Ordinances; Ordinance No. 20781, 9/19/89, Ord. 023460 , 10-13-98; Ord. No. 024614 - 10/9/01. MEETS 2nd Thursday of the month, 5:30 p.m., City Hall, Fifth Floor - ACM Conference Room. TERM DETAILS Three-year staggered terms. DEPARTMENT Legal Alicia Benavidez ETHICS COMMISSION Seeking reappointment District 4 1 10/1/15 Member 75 % 9/12 meetings (3 exc.) Karon Connelly ETHICS COMMISSION Seeking reappointment District 4 1 10/1/15 Vice -Chair 67% 8/12 meetings (4 exc.) Arthie Perez ETHICS COMMISSION Not seeking reappointment District 4 1 10/1/15 Member Ken Bung ETHICS COMMISSION Active District 5 2 10/1/16 Member Rod Wolthoff ETHICS COMMISSION Active District 4 1 10/1/16 Member Harry Hallows ETHICS COMMISSION Active District 2 2 10/1/16 Member Drue Jones ETHICS COMMISSION Active District 2 1 10/1/17 Member Larry White ETHICS COMMISSION Active District 5 2 10/1/17 Member Haysam Dawod ETHICS COMMISSION Active District 5 2 10/1/17 Chair Board Name Status Dis '_;,,, End Date Posit: List of the Ethics Commission Members October 13, 2015 Three (3) vacancies with terms to 10-1-18. (Note: Requires a two-thirds vote of the full Council.) List of Ethics Commission Applicants October 13, 2015 Name District Work Address Cit Work Phone Robert A. Alvarez Jack Gordy District 5 Alvarez Insurance Group 5810 S. Staples District 3 Retired Corpus Christi Tx 361-442-6799 William Bryan Menard, Jr. District 2 Menard Electronics, Inc. Craig A. Rogers District 4 GEICO 5262 S. Staples, Ste. 300 Corpus Christi Tx 361-288-8177 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jul 15, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Robert First Name A Middle Initial Alvarez Last Name Which Boards would you like to apply for? CLEAN CITYADVISORY COMMITTED, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION\, ETHICS COMMISSION\, TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 41111111111.1111111 Primary Phone Alternate Phone Alvarez Insurance Group Owner/Broker Lmr,.c 5810 S. Staples Corpus Christi Texas WM State Postal Code 78413 WorkAddress- Zip Code 3614426799 Work Phone r.adam@alvarezi nsgroup.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) Promoter of locality and professional networking in the Corpus Christi community for my own insurance agency. Registered Voter? • Yes Q No Current resident of the city? * Yes O No 32 If yes, how many years? Adam_s_Resume_2014_1_.docx 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. ® !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 CLEAN CITYADVISORYCOMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Local Chamber of Commerce Member Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? Qi Yes Q 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 QQ No Robe -ez Objective Summa To utilize my skills and abilities to better the customer/client experience and satisfaction and to further the success of the business. / Typing – over 65 words per minute J Strong use of multi -line phone and soft -phones -V Extremely clean background and driving record Expe 'fence • -eas of Expe 'use: J Strong multitasker ,/ Very fast learner J Experienced in data entry and 10 -key with good speed and accuracy J Highly professional ,/ Expert with all MS Office applications and other computer programs 1/ Expert in creating and filing reports J Excellent people skills Nonfe -ous Supe -viso CMC Recycling, Corpus Christi, TX, June 2013 – P -esent Day • Run day-to-day operations at nonferrous scale. • Take care of customer's needs and work to retain them. • Supervised a crew of 5-10 people. Office—ssistant, J&G Armadillo Bookkeeping, Corpus Christi, TX, June 2008 – June 2013 • Helped with day to day clerical operations/filing in running the office. • Gather all necessary data to completing tax returns, i.e. receipts, legal documents, home information, etc. • Keyed in proper data into databases of all financial info utilizing the 10 -key. (Primary) File Cle -k, Royston, Rayzor, Vickery & Williams, C., May 200'x.=ugust 2008 • Prepared and set up project for transition of traditional paper system to modified paperless" filing system. • Responsible for filing and indexing for a 10 lawyer law firm and assisting paralegals and runners. Education Unive -sity of Dallas – I -ving – August 2001 to June 2004 -Bachelors of Science in Business with Concentration in Marketing Texts—&M – Co -pus Ch -isti – August 2000 to May 2001 – Criminal Justice Page 2 of 2 References available upon request... BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Mar 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Jack First Name Middle Initial Gordy Last Name Which Boards would you like to apply for? ETHICS COMMISSION 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 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) HIGH SCHOOLAND ONE YEAR OF COLLEGE PRESIDENT OF CHANNEL 10 PUBLIC ACCESS FOR 91/2 YEARS Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 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. 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 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile William Prefix Email Address Bryan Menard Middle Lag Initial J r. Which Boards would you like to apply for? AIRPORT BOARD\, ANIMAL CARE ADVISORY COMMITTED, BOARD OF ADJUSTMENT\, CIVIL SERVICE BOARD\, CIVIL SERVICE COMMISSION\, ETHICS COMMISSION\, HUMAN RELATIONS COMMISSION\, LIBRARY BOARD\, MAYOR'S FITNESS COUNCIL\, OILAND GAS ADVISORY COMMITTED, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1111111111011111111 Primary Phone Alternate Phone MENARD ELECTRONICS, INC. Employer WorkAddress- Street Address and Suite Number WorkAddress- City PURCHASING MANAGER Job Title State Postal Code WorkAddress- State WorkAddress-Zip Code Work Phone 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) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? QQYes QNo Current resident of the city? • Yes Q No 6 If yes, how many years? Bryan_Menard 2015_resume2 .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. 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. RI I 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. ® lAgree Oath swear that all of the statements included in my application are true and correct. IX IAgree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above Question applies to CIVIL SERVICE COMMISSION, CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? Q Yes Q No Question applies to CIVIL SERVICE COMMISSION, CML SERVICE BOARD. Have you held public office during the past 3 years? QYes C) No Question applies to CIVIL SERVICE COMMISSION, CIVIL SERVICE BOARD. Are you over 25 years of age? C) Yes No Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * M None of the Above Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * N None of the above Question applies to OIL AND GAS ADVISORY COMMITTEE . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Not Connected with Oil and Gas Well Industry Bryan Menard Jr. Experience Menard Electronics, Inc. Houston, TX/Baton Rouge, LA/Corpus Christi, TX Special Projects Manager August 2012 - Present • Managed operations of multi -branch electrical and electronics distribution business • Analyze distribution operations and formulate strategies for improvements in productivity and reduce costs • Coordinate with management on recommended changes, collaborate via presentations, meetings, and regular on-site visits • Manage relationships with third -party vendors and suppliers • Decommissioned on-site servers; Implemented and continue to manage Office -in -the -Cloud functionality • Streamlined operations, moving toward paperless system slowly and methodically in order not to disrupt ongoing operations and continuity with existing staff members • Oversaw relocation of front-office functions from Louisiana to Texas • Managed and oversaw renovation of Louisiana facility from corporate headquarters to branch location • Rewrote and continue to manage operations and procedures manuals for accounting, sales, and warehouse operations • Built team of four accounting staff to manage new operation in Texas • Administer Prophet 21 Distribution System & Wireless Warehouse • Regular travel between Corpus Christi, Houston, and Baton Rouge • Extensive use of Webex/Teleconferencing for coordination between management of multiple branches, reducing travel & related expenses Purchasing/IT Manager November 2004 -August 2012 • Managed purchasing department of a multi -branch distribution firm • Expedited orders, updated required dates • Oversaw IT -related issues, including two major server installations/upgrades as well as day-to-day operations • Manage inventory valued at more than $ 500,000 • Converted warehouses to bar-code binning • Oversaw conversion from dot matrix to laser printing • Manage relationships with numerous major vendors • Correspond daily with manufacturers and suppliers • Implemented/Maintained Site -to -Site Secure VPN • Administered Prophet 21 Distribution System Inside Sales Representative June 2000 - November 2004 • Managed assigned accounts in the Baton Rouge, LA area • Provided sales support for assigned clients • Provided technical support to all clients of the Baton Rouge branch • Established new client relationships Education: Texas A&M University - Corpus Christi Corpus Christi, TX 110 hours toward BA - Political Science (part time) 2008 -Present Estimated Graduation: May 2016 Research Emphasis: Regulatory Politics Brazoswood High School Clute, Texas Graduation - May 1999 Additional Skills: • Class B Commercial Driver License • Experienced in Windows and Mac OS environments • Proficient in Microsoft Office • Excellent penmanship • 75 wpm typing rate References: Available upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Craig First Name A. Rogers Middle Lasr Nr:m.e Initial Which Boards would you like to apply for? ETHICS 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 GEICO 5262 S. STAPLES, STE. 300 CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78411 MANAGING ATTORNEY Job Title State Postal Code WorkAddress- Zip Code 361-288-8177 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) EDUCATION: UNIVERSITY OF TEXAS LAW SCHOOL, JD. 1987, SAM HOUSTON STATE, BBA IN FINANCE WITH HONORS, MAGNA CUM LAUDE 1984 PROFESSIONAL: MANAGING ATTORNEY GEICO, 2012 -PRESENT, ASSISTANT CITYATTY, MUNICIPAL COURT, CORPUS CHRISTI, SEPT. 2012; PUBLISHER, GULFSCAPES MAGAZINE, 2008-2012; JONES, ROGERS AND NAVARRO, PARTNER OF LAW FIRM, 1988-2008 COMMUNITYACTIVITIY: CANDIDATE FOR DISTRICT ATTORNEY, COMAL COUNTY, 2002; BAREFOOT MARDI GRAS PLANNING COMMITTEE 2014 Registered Voter? QQ Yes Q No Current resident of the city? •Yes QNo 6 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. 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) City Of Corpus Christi MECHANICAL/PLUMBING ADVISORY BOARD BOARD DETAILS SIZE 11 Seats TERM LENGTH 2 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Michelle McCollum 0 (361) 826-3120 michellem2@cctexas.com The Mechanical/Plumbing Advisory Board advises the City Manager regarding any matter in the mechanical, plumbing, and irrigation fields that it considers should be brought to the attention of the City Council. Furthermore, the Mechanical/Plumbing Advisory Board shall have the power, after having obtained public comment, to recommend to the City Council changes to the City's Fuel Gas, Mechanical, and Plumbing Codes. DETAILS COMPOSITION CREATION / AUTHORITY MEETS Eleven (11) persons appointed by the City Council: Three (3) persons, each of w hom shall have at least five (5) years active experience as a plumber, at least three (3) years of w hich shall have been in Corpus Christi and at least two (2) of these persons shall be or have been Master Plumbers, preference for appointment may be given to plumbers licensed in the State of Texas and currently active in the plumbing trade; one (1) person w ho shall have at lease five (5) years of active experience as a mechanical engineer, preference for appointment may be give to professional engineers licensed in the State of Texas; one (1) person who shall have at least five (5) years experience in the home building industry; one (1) person w ho shall have at least five (5) years experience in the commercial building industry; three (3) persons, each of w hom shall have at least five (5) years of active experience in heating, ventilation, air conditioning and refrigeration contracting business, preference for appointment may be given to persons licensed in the State of Texas in heating, ventilation, air conditioning, and refrigeration contracting (HVAC); one (1) person who shall have at least five (5) years of active experience in landscape irrigation, preference for appointment may be given to irrigators licensed in the State of Texas; and one (1) person not connected w ith the building industry. Six members constitute a quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board. The Board shall elect a chairman and vice chairman during the first meeting of each calendar year. Code of Ordinances. Sec. 13-1, Subsection 105.3.1 Ord. No. 15267; 20294 - 5/3/88; 20674 - 5/16/89; 021208 - 8/6/91; 022973 - 6/24/97; Sect. 14-226(c) Ord. 25467 - 9/9/03, 029726 1/15/13; Ord. No. 30590 - 8/25/15. Once quarterly, on the 2nd Thursday of the month in w hich called, 2:00 p.m., Frost Bank Building, Fire Departments Conference Room, 3rd Floor; and on call as deemed necessary. TERM DETAILS Two-year staggered terms. DEPARTMENT Development Services List of Mechanical/Plumbing Advisory Board Members October 13, 2015 Two (2) vacancies with terms to 1-2-17 representing the following categories: 1- Not Connected to the Building Industry and 1 - Irrigator. Karim Salighedar Tommy Watson, Jr. Ronald Klepac Stacy Gallagher James Mokry, Jr. Board Name MECHANICAL/PLUMBING ADVISORY BOARD MECHANICAL/PLUMBING ADVISORY BOARD MECHANICAL/PLUMBING ADVISORY BOARD MECHANICAL/PLUMBING ADVISORY BOARD MECHANICAL/PLUMBING ADVISORY BOARD Status Met six-year term limitation Resigned Active Active Active District District 5 District 1 District 1 District 5 District 4 Term End Date 3 1/2/15 1 1/2/17 2 1/2/16 3 1/2/16 3 1/2/16 Cate_o Irrigator Not Connected to the Building Industry Air Conditioning Home Builder Master Plumber Positi Member Member Member Member Member Clinton Bailey MECHANICAL/PLUMBING ADVISORY BOARD Active District 4 3 1/2/17 Master Plumber Vice -Chair Gilbert Canales, Jr. Mike Wanzer David Wallace Jared Merdes P.E. Bob Forbes MECHANICAL/PLUMBING ADVISORY BOARD MECHANICAL/PLUMBING ADVISORY BOARD MECHANICAL/PLUMBING ADVISORY BOARD MECHANICAL/PLUMBING ADVISORY BOARD MECHANICAL/PLUMBING ADVISORY BOARD Active Active Active Active Active District 4 District 4 District 3 District 1 District 4 2 1/2/16 1 1/2/17 1 1/2/17 1 1/2/16 1 1/2/17 Plumber Air Conditioning Commercial Builder Mechanical Engineer Air Conditioning Member Chair Member Member Member List of Mechanical/Plumbing Advisory Board Applicants October 13, 2015 Carl Suding it District 4 Self -Employed Landscape Irrigation Kenneth Mikeman, Jr. District 1 Retired Not Connected with Building Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Kenneth Prefix Email Address Middle Initial Mikeman Last Name J r. Which Boards would you like to apply for? MECHANICAL/PLUMBING ADVISORY BOARD\, PARKS AND RECREATION ADVISORY COMMITTEE 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 Retired 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/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) Retired from Bay Ltd. - Rigging Superintendent - Crane Operator Member of The Grand Lodge of Texas Ancient Free and Accepted Masons Member of the Shriner Organization Member of the Corpus Christi Citizen's Police Academy Registered Voter? • Yes No Current resident of the city? • Yes QNo 70 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 'Agree Board -specific questions (if applicable) Question applies to MECHANICAL/PLUMBING ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * X Not Connected with Building Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 17, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Carl First Name Middle Initial Suding Last Name Which Boards would you like to apply for? MECHANICAL/PLUMBING ADVISORY BOARD 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 Employer WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Job Title State Postal Code WorkAddress- Zip Code Work Phone csuding©a stx.rr.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: Served on Park Advisory Committee Education, Professional and/or Community Activity (Present) MCPTM - Master Certified Professional Turfgrass Manager, Golf Course Superintendent, Formerly Padre Isles Country Club. Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 25 If yes, how many years? Carl-Resume.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. ® 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. 'Agree Board -specific questions (if applicable) Question applies to MECHANICAL/PLUMBING ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * X Landscape Irrigation (Licensed Irrigator in Texas, minimum five years' experience Carl Suding M.C.P.T.M. CAREER SUMMARY • Golf Course Superintendent with over twenty years of success managing top -conditioned private courses • Proven ability to plan and complete major construction and renovation projects on time and within budget • Recognized as a leader in the areas of environmental stewardship and the preservation of wildlife • Strong in agronomic practices and innovation, providing significant improvements in course conditions • Actively communicates with staff, owners, members, and press in a professional and friendly manner •Talented leader, skilled in financial operations, long-term planning, staff management, and membership relations PROFESSIONAL EXPERIENCE Padre Isles Country Club Corpus Christi, Texas 1991 to 2013 18 -hole Championship course, par 72, annual rounds of 35,000, hybrid Bermuda, 419 fairways, tifdwarf greens, seashore paspalm roughs, unique course layout over 200 acres including natural lakes and sand dunes Golf Course Superintendent, Owner, Officer, PICC Inc • Hired by Westinghouse Finance to oversee major course renovations that included greens, tees, fairways, irrigation, drainage, landscaping, bunkers, and club grounds while keeping majority of the work done in-house and under budget • Manages all preparations for the PGA and charity events that are held on the course and clubhouse grounds • Continually focuses on environmental programs and wildlife preservation throughout all course operations, attracting large amounts of local media attention • Actively manages all business aspects such as payroll, safety programs, budgeting and purchasing for the course and its staff • Served on the forefront of environmental efforts in the mid 1990's while becoming one of the first superintendents to receive the Audubon Cooperative Sanctuary Program certification • Established a proactive tree management program that included planting several hundred trees throughout course • During 2000, had the opportunity to invest in the club as a major shareholder and therefore became part owner Pharaohs Country Club Corpus Christi, Texas 1990 to 1991 18 -hole, par 72, located along Corpus Christi Bay, warm season grasses including Bermuda greens Golf Course Superintendent • Responsible for all aspects of course renovations that included new tees, renovation of irrigation system, drainage, bridges, landscaping throughout course, greens, and fairways while keeping all work in-house with low budget • Actively managed salt stressed turf addressing major amounts of salt intrusion and salinity • Obtained great exposure of course by utilizing all press opportunities focused on the course renovation • Managed overall course maintenance operations including payroll, personnel, and purchasing River Oaks Country Club Houston, Texas 1987 to 1990 18 -hole, par 72, exclusive club located in downtown Houston, Donald Ross design, staff of 20, $1 + million maintenance budget, warm season grasses — tifdwarf and 419, over seeded greens with bent/rye mix Assistant Golf Course Superintendent / Horticulturist • Assisted with daily maintenance of the course including mowing, pesticide and fertilizer applications, and irrigation • Managed tree program, acres of flower gardens throughout course as well as greenhouse plants • Responsible for landscaping around tennis court area in preparation of hosting Wimbledon tour stop • Actively managed all safety programs for the course and clubhouse staff including demonstrations of safety procedures, site inspections and department meetings PROFESSIONAL EXPERIENCE CONTINUED Spring Grounds Maintenance Houston, Texas 1983 to 1987 Contractor for Land Development Company and Wolf Morgan Commercial Land Development Supervisor • Managed multi-million dollar construction projects and large scale office park properties such as the development of a 500 acre commercial office complex property that included all irrigation and general lawn maintenance • Oversaw all scheduling, purchasing and maintenance of tree farms, nurseries, lighting and road sign projects • Assisted with national award winning projects by JFK International Airport that focused on the preservation of trees, lakes, and native grasses while constructing walking trials and implemented a tree planting program to preserve trees along new stretch of highway Moraine Valley College Palos Hills, Illinois Business Administration classes EDUCATION Houston Community College Houston, Texas Horticulture, Property Management, Landscape Design, Irrigation Design, Safety & Environmental Technology classes Texas A&M Texas Turfgrass Association College Station, Texas Earned Master Certified Professional Turfgrass Manager (M.C.P.T.M. Certification) AFFILIATIONS AND AWARDS Golf Course Superintendents Association of America Chapter Liaison City of Corpus Christi Park Board Park Planning and Development, Marina, 2 City Golf Courses Texas Gulf Coast Superintendents Association Past President National GCSAA Liaison Texas Turfgrass Association Board of Directors- region 7, 1992-2000 Beautify Corpus Christi Association Vice President Board Member Superintendent of the Year by Texas Gulf Coast Superintendents Association -1994 GCSAA National Environmental Stewardship Award Certificate of Merit -1996 Special Achievement, Special Recognition, Environmental Excellence, Green Star, and the Stewardship Award by Club Corporation -1996-2000 Beautify Corpus Christi Volunteer of the Year Award, presented by Mayor of Corpus Christi -2005 North Padre Island Citizen of the Year Award Texas Department of Agriculture Pesticide Applicator License Texas Irrigators License TCEQ Audubon Cooperative Sanctuary Program Full Certification REFERENCES Professional References are Gladly Available upon Request City Of Corpus Christi NUECES COUNTY TAX APPRAISAL DISTRICT BOARD DETAILS SIZE 7 Seats TERM LENGTH Yea OVERVIEW TERM LIMIT N/A CONTACT 1 Ronnie Canales (361) 881-9978 rcanales@nuecescad.net The Nueces County Tax Appraisal District is responsible for making general policies regarding the operation of the appraisal district (i.e., reappraisal programs, analysis of procedures, etc.). They are also responsible for appointing the Appraisal Review Board. DETAILS COMPOSITION Seven (7) members, each shall serve a two-year term and shall have one vote. Each member of the board shall be selected or elected to fill one place on the board, w hich places shall be numbered one through seven. The term of each member shall begin on January 1 of each even -numbered year. A member must be a resident of the district, reside in the district for at least tw o (2) years immediately preceding the date the individual takes office, and not owe delinquent property taxes to the taxing entity. A person may not be appointed or continue to serve if related within second degree of consanguinity to an appraiser who appraises property for use in the Appraisal Review Board proceedings or represents property ow ners for compensation before the Appraisal Districts Appraisal Review Board. The follow ing entities w ill designate board members for the places as listed: PLACE NUMBER and JURISDICTION VOTING ON THIS PLACE 1 and 2 Corpus Christi ISD 3 and 4 City of Corpus Christi 5 Nueces County 6 Urban -Port Aransas to be decided by the follow ing ISDs: Calallen, Flour Bluff, Port Aransas, City of PortAransas, Tuloso-Midway, and West Oso. 7 Rural -Agribusiness to be decided by these: Agua Dulce ISD, City of Agua Dulce, Banquete ISD, Bishop ISD, City of Bishop, Driscoll ISD, City of Driscoll, London ISD, Robstow n ISD, City of Robstow n, and Santa Cruz ISD. The City of Corpus Christi shall submit names for Places 3 and 4 to the Nueces County Appraisal District before October 30th, and each odd -numbered year thereafter. CREATION / AUTHORITY Senate Bill #621, amending Title I of the tax code (referred as the "Act") Subchapter A of the act provides for establishment of appraisal districts and means of selecting the Boards of Directors for such districts: City Res. No. 15132, 9/19/79, and Res. No. 15149, 9/26/79, Ord. No. 16575, 10/7/81. MEETS 2nd Wednesday of every month, 9:00 a.m., 201 N. Chaparral, 1st Floor Board Room. TERM DETAILS Two-year terms. DEPARTMENT Nueces County Tax Appraisal District List of Nueces County Tax Appraisal District Members October 13, 2015 Two (2) vacancies with terms to 12-31-17 representing the following categories: 1 - Place 3 and 1 - Place 4. (Note: The City of Corpus Christi shall submit names for Places 3 and 4 to the Nueces County Appraisal District before October 30th, and each odd -numbered year thereafter.) Name Board name Status District Term End date Position Attendance Robert Adler Gerardo "Jerry" Garcia Jose Guzman John Valls Gregory Smith Kim Johnson Luis Elizondo NUECES COUNTY TAX APPRAISAL DISTRICT NUECES COUNTY TAX APPRAISAL DISTRICT NUECES COUNTY TAX APPRAISAL DISTRICT NUECES COUNTY TAX APPRAISAL DISTRICT NUECES COUNTY TAX APPRAISAL DISTRICT NUECES COUNTY TAX APPRAISAL DISTRICT NUECES COUNTY TAX APPRAISAL DISTRICT Seeking reappointment Seeking reappointment Active Active Active Active Active District 4 5 12/31/15 District 4 2 12/31/15 1 12/31/15 1 12/31/15 1 12/31/15 1 12/31/15 1 12/31/15 Place 3 (City) Place 4 (City) Place 1 (CCISD) Place 2 (CCISD) Place 5 (Nueces County) Place 6 (Urban) Place 7 ( Rural) Chair Secretary 92% 11/12 meetings 100% 12/12 meetings Vice -Chair List of Nueces County Tax Appraisal District Applicants October 13, 2015 District Em • to er Work Address St. Work Phone Gloria C. Aguilar District 1 RETIRED -11=11- Daniel Carlisle District 5 CARLISLE INSURANCE AGENCY 500 N. WATER, STE. 900 CORPUS CHRISTI TX 361-884-2775 Denise Gallimore District 4 GROUP ONE REAL ESTATE 5302 EVERHART RD. CORPUS CHRISTI TX 361-991-9111 Rosemary Knippa District 1 VALDEZ FLEET SALES WHOLESALE VEHICLES 361-815-2008 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: May 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Gloria First Name C. Aguilar Middle Last Name Initial Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT\, PLANNING COMMISSION 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 RETIRED 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 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) DEL MAR COLLEGE - 2 YEARS DEPT. OF TREASUREY- 10 YEARS TAXPAYER SERVICE REPRESENTATIVE TAX CONSULTANT -PERSONAL BUSINESS- 30 YEARS Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 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 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 NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? D Yes QNo Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? Qi Yes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes QNo 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. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 03, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Daniel Prefix Email Address Middle Initial Carlisle Lasr. Name Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT 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 CARLISLE INSURANCE AGENCY BROKER 500 N. WATER, STE. 900 CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78401 State Postal Code WorkAddress-Zip Code 361-884-2775 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) SEE ATTACHED RESUME CHAMBER OF COMMERCE FINANCE COMMITTEE LEADERSHIP CC CLASS XL BOARD MEMBER AT THE ARK ASSESSMENT LICENSED REALTOR CPA LICENSED INSURANCE AGENT CERTIFIED INSURANCE COUNSELOR RECEIVED MBA-MCCOMBS SCHOOL OF BUSINESS - THE UNIVERSITY OF TEXAS ATAUSTIN RECEIVED BS IN ENGINEERING AND BBA IN ACCOUNTING FROM SMU Registered Voter? * Yes O No Current resident of the city? ii Yes O No If yes, how many years? CARLISLE.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. Prefer not to Answer 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) Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? D Yes QNo Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? Qi 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. Oct.02.2013 OB:35 PM Mariannella Carlisle 3619295971 PAGE. 5/ 5 DANIEL CARLISLE, CPA, ABCP, C1C EXPERIENCE CARLISLE INSURANCE AGENCY— Corpus Christi, TX 2010 - Present independent agency with 4 offices and 60 employees specializing in commerdal insurance Broker —Properly and Casualty, Life and Health • Provide r'sk management strategies (guaranteed cost, risk financing, HS&E consulting) to clients in the energy, commercial real estate, contractor, and trucking industry • Surpassed commission sales goal by producing 220% of target in 2012 ▪ Implemented Insurance program for real estate private equity firm which resulted in a reduction of TCOR by 40% • Managed the benefit department during department transition — Responsible for training new department manager FM GLOBAL - Plano, TX 2007 — 2010 international property insurance and risk consulting company with over $4.68 in annual premium Business Risk Consultant • Conducted business impact analyses for Fort .ine 500 companies: quantifying over S18.5B of risk exposure through financial modeling of iost production, verification of production mitigation abilities and expected market share impact • Reduced major client exposure by $110M by recommending risk improvement strategies ▪ Led global risk protliing project for major oil production and processing systems company with locations in Texas, Norway, Scotland, Singapore and Brazil • Collaborated with client's six person business continuity team as subject matter expert which resulted In client retention and preserved premum of $759K • Provided operational and financial expertise for FM Global account managers :n business development, business income value calculation and allocation methods, and exposure analyses, in order to improve underwriting • Directed training seminars in business income values and business continuity planning for client groups of 15 — 20, consisting primarily of Risk Managers and Treasurers KPMG, LLP - Dallas, TX 1004 — 2007 Financial and IT Audit, Senior Associate • Managed the execution of external audit engagements, including SEC registrants, according to GAAP and IfRS (Prmary clients Included: Celanese, LSG Sky Chefs, EDS, Safety-Kleen, Darling International) • Responsible for performing due diligence review of client's $14,5M acquisition • Led staff of four on IFRS financial audit for subsidiary of a major German airline • Performed risk assessment of business processes and designed audit procedures accordingly • Identified and communicated performance improvement opportunities relatng to accounting practices and audit efficiency, researched and documented technical account' ng Issues EDUCATION THE UNIVERSITY OF TEXAS AT AUSTIN, McCombs School of Business • Austir, Texas Master of Business Administration, GPA: 3.6/4.0 • Graduate Business Council Member • Recipient of Dean's Leadership and Service Award SOUTHERN METHODIST UNIVERSITY, School of Engineering & Cox School of Business - Dallas, Texas Bachelor of Science In Engineering Management Science Bachelor of Business Administration in Accounting • University Scholar • Study Abroad Summer 2001— University of Oxford, England July 2011 May 2004 ADDITIONAL • Certlf cat ons. Certified Public Accountant, Associate Business Continuity Planner, Certified Insurance Counselor • Ucenses: Texas i nsurance License for Property/Casualty and Life/Health, Licensed Real Estate Broker • Leadership Corpus Christi Class of XL — Corpus Christi Chamber of Commerce • National Alliance Producer School Graduate • The Ark Assessment Center and Emergency Shelter for Youth Board Member • Corpus Christ` Chamber of Commerce Finance Committee ▪ Junior Achievement of South Texas Skeet Shoot Comm+ttec BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 30, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Denise First Name Email Address Gallimore Middle Last Name Suffix Initial Which Boards would you like to apply for? ADVISORY COMMITTEE ON COMMUNITY PRIDE\, ANIMAL CARE ADVISORY COMMITTED, BUILDING STANDARDS BOARD\, HOUSINGAUTHORITY\, NUECES COUNTY TAX APPRAISAL DISTRICT Street Address Suite or Apt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111.111111111111 Primary Phone Alternate Phone GROUP ONE REAL ESTATE 5302 EVERHART RD. WorkAddress - Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WorkAddress - State PROPERTY MANAGER & SALES AGENT Job Title State Postal Code 78411 WorkAddress- Zip Code 361-991-9111 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) LICENSED TEXAS REALTOR MEMBER OF CORPUS CHRISTIASSOCIATION OF REALTORS MEMBER OF NATIONALASSOCIATION OF RESIDENTIAL PROPERTY MANAGERS LICENSED MASSAGE THERAPIST Registered Voter? Yes Q No Current resident of the city? * 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. Asian or Pacific Islander 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. 17 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 ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Local Animal Welfare Organization ❑ Veterinarian ❑ Animal Shelter Operator n None of the Above Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Lawyer n Realtor ❑ Architect ❑ Engineer ❑ General Contractor Home Builder Building Materials Dealer U None of the above II II Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? • Yes 0 No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? • Yes Q No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? • Yes 0 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. BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 26, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Rosemary First Name Email Address Knippa Middle Last Name Suffix Initial Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH\, MAYOR'S FITNESS COUNCIL\, NUECES COUNTY TAX APPRAISAL DISTRICT\, TRANSPORTATION ADVISORY COMMISSION Street Address Suite or Apt City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. VIMMINNIN Primary Phone Alternate Phone VALDEZ FLEET SALES WHOLESALE VEHICLES OWNER Employer Job Title WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State State Postal Code WorkAddress-Zip Code 361-815-2008 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) SERVED ON APPRAISAL REVIEW BOARD 6 YEARS RETIRED FROM TELEPHONE CO. - MANAGER OF SALES, TRAINING ON SALES, SAFETY SETTING UP NEW OFFICES THROUGH OUT SOUTH TEXAS AND TRAINING STAFF EDUCATION - 2 YEARS BUSINESS COLLEGE- DEL MAR 2 YEARS Registered Voter? • Yes QNo Current resident of the city? (i) Yes QNo 60 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 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. 171 I Ag ree 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. [7 (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 COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * E Health and Human Services E Law Enforcement E Education n Youth and Family Services [ Nueces County District Attorney's Office E Youth Representative, 16 - 21 years of age at time of appointment U None of the above Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health Care / Medical Professionals ❑ Worksite Wellness fl Disability Networks Senior Initiatives Li Youth Initiatives U Community Outreach U None of the above II Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? �i Yes 0 No Question applies to NUECES COUNTY TAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? • Yes Q 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 Q No City Of Corpus Christi PARKS AND RECREATION ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 11 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years CONTACT 1 Hope Herrera (361) 826-3464 hopeh@cctexas.com The Parks and Recreation Advisory Committee shall advise the City Council as to all City parks and the buildings therein, public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. DETAILS COMPOSITION Eleven (11) members appointed by the City Council, who are residents of the City and serve w ithout compensation for a tw o -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. CREATION / AUTHORITY Section 2-70, Code of Ordinances. Ord. No. 11046, 8/23/72; 16511, 9/2/81; 19831, 7/2/87; 20294, 5/3/88. MEETS TERM DETAILS DEPARTMENT 2nd Wednesday of every month, 5:30 p.m., City Hall, 3rd Floor Conference Room. Two-year terms. Parks and Recreation Department Alexis Hunter PARKS AND RECREATION ADVISORY COMMITTEE Resigned District 4 2 8/23/17 Member Gary McCoig PARKS AND RECREATION ADVISORY COMMITTEE Active District 2 1 8/23/17 Member Kamlesh Bhikha PARKS AND RECREATION ADVISORY COMMITTEE Active District 1 1 8/23/17 Member Robert A. Alvarez PARKS AND RECREATION ADVISORY COMMITTEE Active District 5 1 8/23/17 Member Curtis Ford PARKS AND RECREATION ADVISORY COMMITTEE Active District 4 2 8/23/17 Member Chris Anderson PARKS AND RECREATION ADVISORY COMMITTEE Active District 2 1 8/23/16 Member Dotson Lewis, Jr. PARKS AND RECREATION ADVISORY COMMITTEE Active District 4 1 8/23/16 Member Huxley Smith PARKS AND RECREATION ADVISORY COMMITTEE Active District 5 3 8/23/16 Member Carlos Valdez, Sr. PARKS AND RECREATION ADVISORY COMMITTEE Active District 2 2 8/23/16 Member Ricardo Pedraza PARKS AND RECREATION ADVISORY COMMITTEE Active District 1 1 8/23/17 Member Jerry Plemons PARKS AND RECREATION ADVISORY COMMITTEE Active District 5 1 8/23/16 Member List of Parks and Recreation Advisory Committee Members October 13, 2015 One (1) vacancy with term to 8-23-17. List of Parks and Recreation Advisory Committee Applicants October 13, 2015 Name District Ern. lo er Work Address St. Work Phone Melissa Hofstetter District 3 THE COUNCIL ON ALCOHOL & DRUG ABUSE 1801 S. Alameda, Ste. 150 CORPUS CHRISTI TX 361-882-1008 Doug E McBee, Jr. District 4 REAGENT CHEMICAL Hwy 361 INGLESIDE Alissa Mejia District 4 TAMUCC 6300 Ocean Dr. Unit 5818 CORPUS CHRISTI TX William Bryan Menard, Jr. District 2 MENARD ELECTRONICS, INC. Kenneth Mikeman, Jr. District 1 RETIRED Tanner Twomey Tommy E. Watson, Jr. District 4 District 1 HOUSTON ASTROS/CORPUS CHRISTI HOOKS BASEBALL CLUB 734 EAST PORT AVE. SOUTHERN CYCLES CORPUS CHRISTI TX 361-561-4718 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Melissa First Name Email Address Middle Initial Hofstetter Last Name Suffix Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH\, PARKS AND RECREATION ADVISORY COMMITTED, REGIONAL HEALTH AWARENESS BOARD Street Address Suite or Apt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111.111.11111 1111111MMIN Primary Phone Alternate Phone The Council on Alcohol & Drug Program Coordinator, Tobacco Abuse Prevention E mer Job Title 1801 S. Alameda, Suite 150 WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress- City TX WorkAddress - State State Postal Code 78404 WorkAddress- Zip Code 3618821008 Work Phone mhofstetter@coada-cb.org 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: n/a Education, Professional and/or Community Activity (Present) I belong to a number of coalitions in the area: Tobacco Prevention, Safe Communities, Hooked on Health, Community Partnerships Coalition I also belong to Westside Business Association and Hispanic Women's Network of Texas Registered Voter? • Yes Q No Current resident of the city? * Yes O No 22 If yes, how many years? Melissa Hofstetter.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 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. 17 IAgree Oat h I swear that all of the statements included in my application are true and correct. I Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * F Youth and Family Services BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 04, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Doug First Name E McBee Middle Last Name Initial Jr Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE 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 Reagent chemical Loader oyEr Job Title Hwy361 WorkAddress - Street Address and Suite Number Ingleside WorkAddress - City WorkAddress- State State Postal Code WorkAddress-Zip Code Work Phone none 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) HS and some College Registered Voter? • Yes No Current resident of the city? • Yes QNo 57 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 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: Oct 04, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Alissa First Name Middle Initial Mejia Last Name Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111=11111111 11111MINININI Primary Phone Alternate Phone TAMUCC College Services Coordinator Job Title 6300 Ocean Dr. Unit 5818 Corpus Christi WorkAddress - City TX WorkAddress- State 78412 State Postal Code WorkAddress- Zip Code Work Phone alissain@gmail.com 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) Education: BA Journalism, MA English, Ed.D. Education Leadership (ABD) Professional: Texas A&M -CC communications employee (full time). Fitness journalist (part-time). Community: Director, Corpus Christi Polar Bear Plunge. Member, Corpus Christi Roadrunners, Corpus Christi Triathlon Club. Registered Voter? • Yes No Current resident of the city? • Yes QNo 12 If yes, how many years? me'i� aCV 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 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) Mejia 1 EDD1JIC TION P -esent 2007 2003 2002 1998 Cu - -iculum Vitae A CISSA M. MEJIA Student, Doctoral Program in Educational eadership (Higher Education cognate): Texas A&M University -Corpus Gi risti M.A. English (rhetoric and composition focus): Texas A&M University - Corpus Christi B.A. Journalism: Northeastern University, Boston, MA Certificate, Curso de Estudios Hispanicos (Hispanic Studies Program): Universidad Carlos III de Madrid, Spain Graduate, Dennis -Yarmouth Regional High School: South Yarmouth, MA WORK EXPERIENCE 2006-p -esent College Services Coordinator for the College of Education, Texas A&M University -Corpus Christi. Roles include managing editor of college publications, departmental web coordinator, designer/coordinator of recruitment materials, college photographer, & graphic artist. 2011-p -esent Weekly fitness columnist & freelance reporter: Corpus Christi Caller - Times 2005-2006 Technical writer, Department of Computer Services, Texas A&M University -Corpus Christi, TX. 2004-2006 Freelance writer and editor Skills include editing of creative and academic writing, web design, writing for publication, graphic design, and mass marketing. 2004.2005 Special education paraprofessional, Flour Bluff Intermediate School, Corpus Christi, TX. Taught English as a Second inguage, computer skills, and writing to fifth and sixth grade students. 2001-2003 Staff reporter, The Boston Courant, Boston, MA. Mejia 2 2000.2002 Editor of Special Sections and staff reporter, The Northeastern News, Boston, MA. Wrote articles, designed pages, and managed a staff of reporters. 2001-2002 Freelance reporter, Jamaica Plain Gazette and Mission Hill Gazette newspapers, Boston, MA. 2000 Media relations assistant, Boston Police Department, Boston, MA. Wrote press releases, monitored media coverage, and disseminated information to the media. 1999 Accounting assistant, iberty Mutual Insurance Company, Boston, MA. PROFESSIgNLL DEVELOPMENT 3/2015 Adobe Summit, Salt ike City Utah 5/2014 HOW Design the conference, Boston, MA 1/2014 Responsible Conduct of Research Curriculum completed 10/2013 EDUCAUSE conference on higher education technology (via teleconference) 10/2012 HOW Interactive Design Conference, San Francisco, CA 8/2011 An Event Apart The design conference for people who make websites," Minneapolis, MN. Fall 2010 COMM 5311: Seminar in Persuasion Theory (post -master's coursework), Texas A&M University -Corpus Christi. 6/2010 Webinar: Building and Maintaining Effective Web Sites" (by active.com) 6/2010 HOW Design Conference for graphic professionals, Denver, CO 4/2010 Webinar: Using Social Media to Market Webinars and Excite Audiences." Online (by Adobe) Fall 2009 COSC 1435: Introduction to Problem Solving with Computers (post - baccalaureate coursework), Texas A&M University -Corpus Christi. Mejia 3 8/5/09 Effective Communication" seminar by MHNet, UC Tejas Room, Texas A&M University -Corpus Christi. 4/12/09 Adobe Creative Suite seminar by SkillPath (print design track) Hilton Hotel, Houston, TX. Sp 'ling 2009 ARTS 4390: Topics in Art: Graphic Design III (post -baccalaureate coursework), Texas A&M University -Corpus Christi. 12/19/08 Adobe Creative Suite seminar by SkillPath (web design track) Omni Marina Hotel, Corpus Christi, TX. Sp -ing 2008 Introduction to PHP and MySQ I" 8 -week online professional development course. Fall 2007 Sp ing 2007 Fall 2006 Fall 2005 Writing for the Web" workshop by Stamats higher education marketing company, Texas A&M University -Corpus Christi, TX. Introduction to CSS and XHTM J 8 -week online professional development course. Creating Web Pages" 8 -week online professional development course. The Craft of Grant Writing" all -day seminar. University Center, Texas A&M University -Corpus Christi, TX PUBLICTIONS (SCH4 L RLY) Served as assistant editor of the following: Garrett, S. D. (Ed.). (2015). C D R Research Journal 2015. Corpus Christi, TX: CEDER. Zunker, N. (Ed.). (2013). Preparing effective leaders for tomorrow's schools. Corpus Christi, TX: CEDER. Ortlieb, E. & Bowden, R. (Eds.). (2012).ducational research & innovations. Corpus Christi, TX: CEDER. PUBLIC TIONS (NON-SCH4QL—RLY) Mejia 4 Mejia, A. (2014). Berserkr Games. In D. Malan (Ed.), The runner's bucket list: 200 races to run before you die. Chicago: Triumph Books. Mejia, A. (2011-2015). Running buddy. In Corpus Christi Caller -Times. (Weekly series). Available at http://www.caller.com/news/news/columnists/alissa-mejia/. PRESENT—TIONS Inman, A. M. (2012, May 15). Presentation: Communications and media relations for higher education. Workshop leader at the Texas Association of Colleges for Teacher Education Retreat, Port Aransas, TX. Inman, A. M. (2012, October 14). Poster presentation: Improving outreach through technology: A case study of the GEAR UP/STAR Pre -College Outreach Program. Presented at the annual conference of the Society of Educators and Scholars, Corpus Christi, TX. Inman, A. M. (2012, October 14). Poster presentation: Evolution in higher education marketing: 1790-1869. Presented at the annual conference of the Society of Educators and Scholars, Corpus Christi, TX. SERVICE TO THE COMMUNITY & UNIVERSITY 2014-p -esent Event Director, Corpus Christi Polar Bear Plunge, benefitting research for amyotrophic lateral sclerosis (AS) 2014-p -esent Advisor, icrosse Club, Texas A&M University -Corpus Christi 9/20/2012 Guest Speaker, Sanders Elementary School Career Day 9/22/2012 Volunteer, Conquer the Coast. Corpus Christi, TX 4/30/2012 Guest speaker, Technical and Professional Writing. Texas A&M University -Corpus Christi 2/23/2011 Guest speaker, Technical and Professional Writing. Texas A&M University -Corpus Christi 2/16/2011 Guest speaker, Technical and Professional Writing. Texas A&M University -Corpus Christi Mejia 5 8/14/2010 Guest, Call Me Ivy" radio show on 1440 KEYS, promoting the Harbor Half Marathon fundraiser for Junior Achievement of the Coastal Bend 7/26/2010 Guest speaker, Rockport chapter of the Texas Outdoor Women's Network 2006-2010 Event Director, Discover Windsurfing Day, Corpus Christi, TX (2009 & 2010); event volunteer 2006-2008 2010 fader, weekly track practice open to the community 2005-2007 & Board member, Corpus Christi Windsurfing Association 2009-2011 2007-p -esent Webmaster, board member, and event volunteer for the South Texas Area Runners, Riders, and Swimmers (STARRS) 2006-p -esent Running event volunteer, Corpus Christi Roadrunners 2009 Volunteer artist, Covenant Baptist Church, Corpus Christi, TX 2009-2010 Marketing coordinator for the Memory Ride for Jimmy Moruzzi, benefitting scholarships for Dennis -Yarmouth Regional High School graduates, Cape Cod, MA 2007-2009 Advisor, Islander Running Club, Texas A&M University -Corpus Christi, TX 2005-2008 Volunteer, beach cleanups and street sweep -ups, Corpus Christi, TX 2005-2007 Editor, Currents (monthly newsletter of the Corpus Christi Windsurfing Association) 2004-2007 Volunteer windsurfing instructor, Velocity Games/US Wind & Water Open, Corpus Christi, TX Fall 2005 Panelist, How to Get into Grad School" workshop, Texas A&M University - Corpus Christi, TX Sp ing 2005 fader, presentation series on The Mathematics of Windsurfing" for special needs students of the Flour Bluff Independent School District Mejia 6 Sp -ing 2004 Oil spill cleanup volunteer (Prestige oil spill), Galicia, Spain 2003-2004 Volunteer, Sociedad San Vicente de Paulo soup kitchen, Madrid, Spain 1999.2002 Volunteer sailing instructor, university racing team, Northeastern University, Boston, MA COMMITTEE SERVICE 2015 Planning committee, Elevating Culture Conference on Educational ladership, Texas A&M University -Corpus Christi 2015 Advisory Board Member, Antonio E. Garcia Arts & Education Center 2007-p -esent University Web Council, Texas A&M University -Corpus Christi 2011 Planning committee, 34th Annual Conference of the Society of Educators and Scholars, Corpus Christi, TX. 2007-2010 CEDER (Center for Educational Development, Evaluation, and Research) Conference Planning Committee, Texas A&M University -Corpus Christi 2008 & 2009 International teracy Summit Planning Committee, Texas A&M University -Corpus Christi 2006 & 2007 Reading Conference Planning Committee, Texas A&M University -Corpus Christi 2006 & 2007 Homecoming Planning Committee, Texas A&M University -Corpus Christi 2006 Ad Hoc Print Committee, Texas A&M University -Corpus Christi ,W—RDS 2015 Outstanding support person, Texas A&M University -Corpus Christi Islander Battalion ROTC. Mejia 7 2015 Dorothy Yeater Memorial Scholarship for academic achievement, leadership, and service, and commitment to Texas A&M University - Corpus Christi Fall 2012 Selected for and successfully completed the Employee Wellness Program 2012 Dorothy Yeater Memorial Scholarship for academic achievement, leadership, and service, and commitment to Texas A&M University - Corpus Christi Fall 2011 Graduate studies scholarship, Texas A&M University -Corpus Christi Summe 2011 Graduate studies scholarship, Texas A&M University -Corpus Christi 2009 Dorothy Yeater Memorial Scholarship for academic achievement, history of leadership and service, and commitment to Texas A&M University - Corpus Christi MEMBERSHIP N D FF1LLTIONS Corpus Christi Roadrunners Corpus Christi Triathlon Club Kappa Tau Delta Journalism honor society National Honor Society National Society of Collegiate Scholars BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile William Prefix Email Address Bryan Menard Middle Lag Initial J r. Which Boards would you like to apply for? AIRPORT BOARD\, ANIMAL CARE ADVISORY COMMITTED, BOARD OF ADJUSTMENT\, CIVIL SERVICE BOARD\, CIVIL SERVICE COMMISSION\, ETHICS COMMISSION\, HUMAN RELATIONS COMMISSION\, LIBRARY BOARD\, MAYOR'S FITNESS COUNCIL\, OILAND GAS ADVISORY COMMITTED, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1111111111011111111 Primary Phone Alternate Phone MENARD ELECTRONICS, INC. Employer WorkAddress- Street Address and Suite Number WorkAddress- City PURCHASING MANAGER Job Title State Postal Code WorkAddress- State WorkAddress-Zip Code Work Phone 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) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? QQYes QNo Current resident of the city? • Yes Q No 6 If yes, how many years? Bryan_Menard 2015_resume2 .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. 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. RI I 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. ® lAgree Oath swear that all of the statements included in my application are true and correct. IX IAgree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above Question applies to CIVIL SERVICE COMMISSION, CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? Q Yes Q No Question applies to CIVIL SERVICE COMMISSION, CML SERVICE BOARD. Have you held public office during the past 3 years? QYes C) No Question applies to CIVIL SERVICE COMMISSION, CIVIL SERVICE BOARD. Are you over 25 years of age? C) Yes No Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * M None of the Above Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * N None of the above Question applies to OIL AND GAS ADVISORY COMMITTEE . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Not Connected with Oil and Gas Well Industry Bryan Menard Jr. Experience Menard Electronics, Inc. Houston, TX/Baton Rouge, LA/Corpus Christi, TX Special Projects Manager August 2012 - Present • Managed operations of multi -branch electrical and electronics distribution business • Analyze distribution operations and formulate strategies for improvements in productivity and reduce costs • Coordinate with management on recommended changes, collaborate via presentations, meetings, and regular on-site visits • Manage relationships with third -party vendors and suppliers • Decommissioned on-site servers; Implemented and continue to manage Office -in -the -Cloud functionality • Streamlined operations, moving toward paperless system slowly and methodically in order not to disrupt ongoing operations and continuity with existing staff members • Oversaw relocation of front-office functions from Louisiana to Texas • Managed and oversaw renovation of Louisiana facility from corporate headquarters to branch location • Rewrote and continue to manage operations and procedures manuals for accounting, sales, and warehouse operations • Built team of four accounting staff to manage new operation in Texas • Administer Prophet 21 Distribution System & Wireless Warehouse • Regular travel between Corpus Christi, Houston, and Baton Rouge • Extensive use of Webex/Teleconferencing for coordination between management of multiple branches, reducing travel & related expenses Purchasing/IT Manager November 2004 -August 2012 • Managed purchasing department of a multi -branch distribution firm • Expedited orders, updated required dates • Oversaw IT -related issues, including two major server installations/upgrades as well as day-to-day operations • Manage inventory valued at more than $ 500,000 • Converted warehouses to bar-code binning • Oversaw conversion from dot matrix to laser printing • Manage relationships with numerous major vendors • Correspond daily with manufacturers and suppliers • Implemented/Maintained Site -to -Site Secure VPN • Administered Prophet 21 Distribution System Inside Sales Representative June 2000 - November 2004 • Managed assigned accounts in the Baton Rouge, LA area • Provided sales support for assigned clients • Provided technical support to all clients of the Baton Rouge branch • Established new client relationships Education: Texas A&M University - Corpus Christi Corpus Christi, TX 110 hours toward BA - Political Science (part time) 2008 -Present Estimated Graduation: May 2016 Research Emphasis: Regulatory Politics Brazoswood High School Clute, Texas Graduation - May 1999 Additional Skills: • Class B Commercial Driver License • Experienced in Windows and Mac OS environments • Proficient in Microsoft Office • Excellent penmanship • 75 wpm typing rate References: Available upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Kenneth Prefix Email Address Middle Initial Mikeman Last Name J r. Which Boards would you like to apply for? MECHANICAL/PLUMBING ADVISORY BOARD\, PARKS AND RECREATION ADVISORY COMMITTEE 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 Retired 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/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) Retired from Bay Ltd. - Rigging Superintendent - Crane Operator Member of The Grand Lodge of Texas Ancient Free and Accepted Masons Member of the Shriner Organization Member of the Corpus Christi Citizen's Police Academy Registered Voter? • Yes No Current resident of the city? • Yes QNo 70 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 'Agree Board -specific questions (if applicable) Question applies to MECHANICAL/PLUMBING ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * X Not Connected with Building Industry BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 17, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Tanner First Name Email Address Twomey Middle Last Name Initial Suffix Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION\, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION\, PARKS AND RECREATION ADVISORY COMMITTED, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX\, WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite orApt 111111Mimillmilmmillin. WIN City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone I—IUUJ 1 VIN HJ 1 KUJ/L UKVUJ CHRISTI HOOKS BASEBALL CLUB Alternate Phone ACCOUNT EXECUTIVE Employer Job Title 734 EAST PORTAVE. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State State Postal Code 78401 WorkAddress-Zip Code 361-561-4718 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) Registered Voter? C Yes QNo Current resident of the city? 0 Yes QNo 1 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. 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 ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ✓ Business Development Groups / Corporate Representative Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? • Yes No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? O Yes Q 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 PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? Q Yes Q No Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * n Scientist i.e.,Marine Biologist) n Engineer (� Environmentalist n Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island n Corpus Christi Convention and Visitors Bureau Member (� None of the above BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 24, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Tommy First Name Email Address E. Middle Initial Watson, Last Name Jr. Suffix Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTED, PARKS AND RECREATION ADVISORY COMMITTED, TRANSPORTATION ADVISORY COMMISSION Street Address Suite or Apt City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. VIOMMIMMI Primary Phone Alternate Phone SOUTHERN CYCLES Employer WorkAddress - Street Address and Suite Number WorkAddress - City WorkAddress - State SELF-EMPLOYED Job Title State Postal Code WorkAddress-Zip Code 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) FORMERLY SERVED ON TRANSPORTATION ADVISORY COMMITTEE, FOOD SERVICE ADVISORY COMMITTEE AND PARKS AND RECREATION ADVISORY COMMITTEE. Registered Voter? • Yes QNo Current resident of the city? (i) Yes QNo 66 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 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. 171 I Ag ree 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. [7 (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 ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * • None of the Above 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? O Yes 0 N City Of Corpus Christi REGIONAL HEALTH AWARENESS BOARD BOARD DETAILS SIZE 15 Seats TERM LENGTH 3 Yea OVERVIEW TERM LIMIT N/A CONTACT 1 Diane Prime (361) 826-3370 dianep@cctexas.com The Regional Health Awareness Board connects the public, government and industry on issues regarding health, safety, and the government. DETAILS COMPOSITION CREATION / AUTHORITY MEETS TERM DETAILS DEPARTMENT The Regional Health Aw areness Board is made up of fifteen (15) voting members representing a cross-section of health, environmental, and social interest. Tw o (2) community members w ill be appointed by the City Council, tw o (2) community members appointed by the Nueces County Commissioner's Court , and two (2) community members appointed by the San Patricio County Commissioner's Court for three-year terms. At -large members are appointed to three-year terms as follows: 1 - City of Corpus Christi, 1 - Nueces County, 1 - San Patricio County, 2 - Port Industries of Corpus Christi, 1 - Texas A & M - Corpus Christi, and 1 - Texas A & M - Kingsville. Also, 1 - member appointed by the Irma Lerma Rangel College of Pharmacy and 1- member appointed by the Education Service Center, Region 2 for three-year terms beginning in January. Additionally, there are four (4) ex- officio/non-voting representatives, one (1) from each of the following agencies: Texas Commission on Environmental Quality, Environmental Protection Agency, Nueces County/City of Corpus Christi Public Health District and San Patricio County Department of Public Health. Res. No. 025359 6/24/03; Res. No. 025423 8/19/03; Ord. No. 029965, 10/8/13. 4th Thursday of every month, 4 p.m., 6th Floor Conference Room, City Hall. Three-year staggered terms. Health Department List of Regional Health Awareness Board Members October 13, 2015 One (1) vacancy with term to 10-1-18 representing the following category: 1- City Community Representative. Name Board name RIMIr District End date Donna Huddleston Ambar Qureshi Susan Thorpe Deborah Preshler William Burgin REGIONAL HEALTH AWARENESS BOARD Seeking reappointment District 5 1 10/01/15 City Community Representative Member REGIONAL HEALTH AWARENESS BOARD Active District 5 1 10/01/17 City Community Representative Member REGIONAL HEALTH AWARENESS BOARD Active District 1 1 01/01/17 City Representative Member REGIONAL HEALTH AWARENESS BOARD Active 2 01/01/17 Port Industries Member REGIONAL HEALTH AWARENESS BOARD Active 1 10/01/16 Nueces County Community Representative Member Alvaro Martinez REGIONAL HEALTH AWARENESS BOARD Active 2 01/01/16 TAMU-Kingsville Member James Mobley REGIONAL HEALTH AWARENESS BOARD Active 5 01/01/18 San Patricio Community Representative Chair Wesley Stafford REGIONAL HEALTH AWARENESS BOARD Active 1 01/01/16 Nueces County Representative Member Kerry Dubose REGIONAL HEALTH AWARENESS BOARD Active 1 06/01/18 San Patricio Community Representative Member Clara L. Reider REGIONAL HEALTH AWARENESS BOARD Active N/A San Patricio County Department of Public Health Ex -Officio, Non-voting Steven Hoey REGIONAL HEALTH AWARENESS BOARD Active 1 01/01/18 Port Industries Member Agatha Benjamin REGIONAL HEALTH AWARENESS BOARD Active N/A Environmental Protection Agency Ex -Officio, Non-voting Ricardo Ramirez REGIONAL HEALTH AWARENESS BOARD Active 1 01/01/17 Education Service Center, Region 2 Representative Member John D. Bowman REGIONAL HEALTH AWARENESS BOARD Active 1 10/01/16 Irma Lerma Rangel College of Pharmacy Representative Member Susan Clewis REGIONAL HEALTH AWARENESS BOARD Active N/A Texas Commission on Environmental Quality Ex -Officio, Non-voting Annette Rodriguez REGIONAL HEALTH AWARENESS BOARD Active N/A Nueces County/City of Corpus Christi Public Health District Ex -Officio, Non-voting Mary Jane Hamilton REGIONAL HEALTH AWARENESS BOARD Active 3 01/01/16 TAMU- Corpus Christi Member Gretchen Arnold REGIONAL HEALTH AWARENESS BOARD Active 1 10/01/16 Nueces County Community Representative Member Dennis Roberts REGIONAL HEALTH AWARENESS BOARD Active 3 10/01/15 San Patricio Representative Member Work Address Work Phone List of Regional Health Awareness Board Applicants Ocotber 13, 2015 rMMIr District Employer Christy Berry District 1 KELLY'S PHARMACY AND COMPOUNDING 520 EVERHART CORPUS CHRISTI TX 361-334-4500 361-882-1008 Melissa Hofstetter District 3 THE COUNCIL ON ALCOHOL & DRUG ABUSE 1801 S. ALAMEDA, STE. 150 CORPUS CHRISTI TX BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Feb 28, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Christy Prefix Email Address Middle Initial Berry Last Name Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD\, REGIONAL HEALTH AWARENESS BOARD Street Address Suite orApt City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111=11111111 11111MINININI Primary Phone Alternate Phone KELLYS PHARMACYAND COMPOUNDING COMPOUNDING PHARMACIST 520 EVERHART CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78411 State Postal Code WorkAddress- Zip Code 361-334-4500 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 UNIVERSITY OF KENTUCKY COLLEGE OF PHARMACY 1993 MEMBER TEXAS PHARMACYASSOCIATION MEMBER OF ROTARY INTERNATIONAL (LOCAL: CORPUS CHRISTI ROTARY) GRADUATE OF WESTERN KENTUKY UNIVERSITY 1987 - CHEMISTRY/BIOLOGY-TEACHING CERTIFICATION 5 SEASONS - NATIONAL PARK SERVICE INTERPRETOR - 1983-1987 HEALTH DEPARTMENT - BARREN COUNTY, KENTUCKY 2006-2008 Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 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. 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) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Melissa First Name Email Address Middle Initial Hofstetter Last Name Suffix Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH\, PARKS AND RECREATION ADVISORY COMMITTED, REGIONAL HEALTH AWARENESS BOARD Street Address Suite or Apt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111.111.11111 1111111MMIN Primary Phone Alternate Phone The Council on Alcohol & Drug Program Coordinator, Tobacco Abuse Prevention E mer Job Title 1801 S. Alameda, Suite 150 WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress- City TX WorkAddress - State State Postal Code 78404 WorkAddress- Zip Code 3618821008 Work Phone mhofstetter@coada-cb.org 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: n/a Education, Professional and/or Community Activity (Present) I belong to a number of coalitions in the area: Tobacco Prevention, Safe Communities, Hooked on Health, Community Partnerships Coalition I also belong to Westside Business Association and Hispanic Women's Network of Texas Registered Voter? • Yes Q No Current resident of the city? * Yes O No 22 If yes, how many years? Melissa Hofstetter.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 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. 17 IAgree Oat h I swear that all of the statements included in my application are true and correct. I Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * F Youth and Family Services City Of Corpus Christi SISTER CITY COMMITTEE BOARD DETAILS OVERVIEW SIZE 15 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years CONTACT 1 Tess Allen (361) 826-3489 tessa@cctexas.com The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City Program. DETAILS COMPOSITION CREATION / AUTHORITY MEETS TERM DETAILS DEPARTMENT The committee shall consist of a Steering Committee of fifteen (15) members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City Program. There shall be a subcommittee for each Sister City authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee, plus members from the community at -large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each Sister City. The officers of the committee shall consist of a General Chairman and Vice -Chairman for each of the Sister City subcommittees established in accordance w ith Sec. 2-152. The Chairman and each Vice -Chairman shall be elected by majority vote of the Sister City Committee annually. If the General Chairman is absent, a Vice -Chairman shall be elected from the committee to serve as General Chairman during his/her absence. Section 2-150, Code of Ordinances. Ord. Nos. 10195, 14291, 18961, M86-0043 - 1/28/86; 19474 - 9/16/86; 19635 - 2/17/87; 21045 - 12/11/90; 021236 - 9/10/91; 023424 - 8-25-98; 029687 11-20-12. 1st Monday of every month, 6:00 p.m., City Hall, 6th floor Conference Room. Three-year terms. Parks and Recreation Department List of Sister City Committee Members October 13, 2015 Nine (9) vacancies with terms to 9-1-16, 9-1-17 and 9-1-18. Board Name District Term End Date Position Brenda Acevedo Charles Bass Mark Bradsher Coretta Graham Hailey Kimball John Maldonado William Menard, Jr. John Sloan Alan Thornburg SISTER CITY COMMITTEE SISTER CITY COMMITTEE SISTER CITY COMMITTEE SISTER CITY COMMITTEE SISTER CITY COMMITTEE SISTER CITY COMMITTEE SISTER CITY COMMITTEE SISTER CITY COMMITTEE SISTER CITY COMMITTEE Resigned Not seeking reappointment Resigned Resigned Resigned Seeking reappointment Resigned Resigned Met six-year term limitation District 1 1 District 4 1 District 5 1 District 3 Partial District 4 1 District 3 Partial District 2 1 District 1 1 District 2 2 09/01/16 09/01/15 09/01/17 09/01/16 09/01/15 09/01/15 09/01/17 09/01/15 09/01/15 Member Member Member Member Member Member Member Member Chair Heather Moretzsohn SISTER CITY COMMITTEE Active District 5 1 09/01/16 Member Wan Sun Kim SISTER CITY COMMITTEE Active District 5 1 09/01/16 Member Ashley Higson Simper SISTER CITY COMMITTEE Active District 5 1 09/01/16 Member Susane "Westi" Horn SISTER CITY COMMITTEE Active District 5 2 09/01/17 Member Lee White SISTER CITY COMMITTEE Active District 1 1 09/01/17 Member Misaki Berrios SISTER CITY COMMITTEE Active District 4 1 09/01/17 Member List of Sister City Committee Applicants October 13, 2015 Name District Employer Work Address City St. Work Phone William (Bill) L. Givens District 4 Isla Custom Homes, LLC 15109 Tesoro Corpus Christi TX (361) 903-5901 Shawn M. Hare District 4 Walmart 4109 S Staples Corpus Christi TX (361) 994-9010 Maria G. Rodriguez District 2 Frost 4215 S. Staples Corpus Christi TX (361) 883-3621 Kenneth R. Scott District 5 USCG TX BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jun 29, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile William (Bill) Prefix Email Address L. Givens Middle Las[ Name Initial Which Boards would you like to apply for? PLANNING COMMISSION\, SISTER CITY COMMITTEE 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 Isla Custom Homes, LLC 15109 Tesoro Corpus Christi WorkAddress - City TX WorkAddress- State 78418 Co -Owner and CFO Job Title State Postal Code WorkAddress- Zip Code (361)903-5901 Work Phone islahomesllc@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, but I have contacted my city council member about a nomination for the Planning Commission and the Sister City Committee also. Education, Professional and/or Community Activity (Present) Dual Master's degree in Management & Leadership and Human Resource Development. Adjunct Instructor (Aircraft Maintenance Technology) Del Mar College. Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 37 years (30 while in the USAF) If yes, how many years? William L. Givens Resume Summer_15.docx 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 PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? •Yes QNo William L. Givens Comprehensive leadership and resource management experience. Proven at leading/assessing both people and mission -focused cross -functional teams at operational and strategic levels. Experienced motivator and problem solver committed to short and long-term organizational success. Develops/implements policy, emergency response, safety programs and training development Strong Work Ethic/ Program Management/ Aviation Technical Advisor/ Organizational Change/ Resource Development/ Process Analysis/ Lean Thinking/ Effective Communicator/ Technical Writer/ Employee Relations/ Complex Problem Solving/Root Cause Analysis/ Policy Development/ Team Building/ MS Office Suite PROFESSIONAL EXPERIENCE Isla Custom Homes, LLC Corpus Christi, TX Co -Owner and CFO Jan 2015 to Present Responsible for planning, implementing, managing and controlling all business and financial - related activities. Paul Braly Framing (Construction) Corpus Christi, TX Site Operations Manager Nov 2014 to Present Plans, directs and coordinates residential and commercial construction projects. Responsible for resource management and safety. Preferred framing company for Caleb Custom Homes INC, Newport Custom Homes and Isla Custom Homes, LLC. Headquarters United States Air Force Pentagon, Washington DC Senior Program & Human Resources Manager May 2012 to Nov 2014 Responsible for manpower, organization and training policy for 104,000 world-wide full/part time aircraft maintenance workforce. Directly influenced AF's annual $10 billion formal training budget ensuring efficient use of funds and priorities. Routinely briefed/advised senior logistics leaders and senior corporate partners on mission and cross -functional employee matters. 30 -year United States Air Force Veteran Nov 1984 to Nov 2014 EDUCATION Dual Masters of Arts in Management & Leadership and Human Resource Development Webster University, St Louis, MO Bachelor of Science, Professional Aeronautics; minor in Business Administration & Safety Embry -Riddle Aeronautical University, Daytona Beach, FL Associates of Arts, Aircraft Maintenance Technology Community College of the Air Force Pursuing Project Management Professional Certification Syracuse University, NY CERTIFICATIONS/ SPECIALIZED TRAINING Adjunct Instructor (Aircraft Maintenance Technology) Del Mar College, Corpus Christi, TX FAA Airframe and Powerplant License Safety Program Management Certificate (Embry -Riddle) Numerous Mid and Senior Level USAF Leadership courses Active Top Secret/SCI Clearance (Expires Feb '19) PROFESSIONAL AFFILIATIONS ■ Member, Builder's Association of Corpus Christi ■ Member, Association for Talent Development (formerly ASTD) Metro DC Chapter ■ Member, Aircraft Maintenance Technology (AMT) Society ■ Member, Texas Aviation Association References and additional information provided upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 29, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Shawn Prefix Email Address M Hare Middle Last Name Initial Which Boards would you like to apply for? SISTER CITY COMMITTEE 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 Walmart 4109 S Staples WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress- State 78411 Alternate Phone Sales Associate Job Title State Postal Code WorkAddress-Zip Code (361) 994-9010 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: N/A Education, Professional and/or Community Activity (Present) I conduct research on the health of seagrass in the bays surrounding Corpus Christi. Registered Voter? QYes No Current resident of the city? • Yes Q No 4 If yes, how many years? Resume.docx 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) Shawn Hare Education Texas A&M University- Corpus Christi Bachelor of Science, Biology December 2015 Graduation Concentration on Cell/Molecular Biology Experience Undergraduate Researcher May 2013 -Present Dr. Kirk Cammarata Corpus Christi, Texas IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sales Associate April 2009 -Present Walmart Corpus Christi, Texas Leadership Police Explorers Squad Leader August 2007 -May 2009 Skills Computer: Microsoft Word, Excel, PowerPoint, Publisher Adobe Photoshop, Illustrator, Dreamweaver Business: Sales, Money Transactions Language: Fluent English, Some Spanish, Some Japanese, Some Mandarin Chinese, 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. ® 'Agree 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? * Performing Arts (music, dance, drama, film) 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 7 Attraction Industry Restaurant Industry None of the Above II BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 30, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Kenneth Prefix Email Address R. Scott Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTED, CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT\, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX\, SISTER CITY COMMITTED, WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite orApt State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone USCG Marine Investigator Employer Job Title WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress- City TX WorkAddress- State 78401 WorkAddress-Zip Code Work Phone rob.scott©coldwellbanker.com 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: I do not serve on other City boards, commissions or committees. Education, Professional and/or Community Activity (Present) Retiring from United States Coast Guard - 20 years, as Marine Investigating Officer. Studied Landscape Architecture at Virginia Polytechnic Institute and State University (VA Tech) 1991-1995 Studied Military Technical Leadership and Applied Electronics at Thomas Edison State University 2012-2013 Completed Real Estate License Courses and received Salesperson License in June, 2015. Registered Voter? QQYes QNo Current resident of the city? Yes Q No 15 months If yes, how many years? ROB_RESUME.docx 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. I 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. 0 IAgree Oath swear that all of the statements included in my application are true and correct. C I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * • Real Estate Agency Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? QQ Yes Q 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 PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? • Yes Q No Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ✓ None of the above Specialty_ -eas KENNETH R. SCOTT,LT,USCG • Microsoft Office Applications rsonality/People Skills • Innovative Data Compilation/Storing tention to detail • Time Management pedient problem solver Bachelo ''s of Landscape— 'chitectu 'e Education is Institute and State University • Internship at Shriver and Holland Architects, Norfolk, VA 3 hours remain • Internship at Anderson & Associates, Inc. Civil Engineering/Survey, Blacksburg, VA ssocia e& pplied Elect'ical Technology Thomas' dison State College, NJ Credits complete Expe 'fence sociate Coldwell Banker, Pacesetter Steel Realtors • Texas icensed Realtor® • Member, National Association of Realtors® • Member, Texas Association of Realtors® • Member, Corpus Christi Association of Realtors® Investigations Division Chief, F'eedom of Info'matip1ct Office' USCG Sector Corpus Christi, TX June 2015 to p -esent July 2014 to p -esent • Carried large investigation load as only investigator in four person division for first six months after assignment. • Frequent and expedient collaboration with Response Department upon detection of illegal passenger vessel operations or other activity by individuals suspected to be in violation of federal law or regulation. • Exercised continuous public and industry outreach to discuss changes in applicable laws and regulations to ensure that all operators in the area of responsibility were in compliance. • Worked closely with various company representatives; established rapport that afforded quick communication of emergent issues and personnel violations over which, the Coast Guard has jurisdiction. Investigations Division Chief, F 'eedom of Info 'matin ct Office USCG Sector Sault Sainte Marie, MI July 2011 to June 2014 • As sole marine investigator conducted more investigations than any other unit in District Nine in the Great ikes Area; all other units had multiple investigator billets. • id and documented multiple CG personnel administrative inquiries/investigations. Considered f, Secto - Intelligence, ,— ugust 2008 to June 2011 Expe 'fence a -ity Office - Cont'd ampton Roads, Portsmouth, VA ed 1 Civilian and 3 active duty (2 officers, one enlisted) ted Intelligence Information from human sources through consent based interviews zed and created intelligence reports d/disseminated threat assessments during various events ted risk assessment, coordination with outside agencies aw personnel security background completions during HSPD12 for more than 700 personnel with any/all personnel issues affecting security clearances; reported to CG Security Center one civilian in 2010 ersed in Human Resource procedures and regulations lty Investigato - e -vices Office - ampton Roads, Norfolk, VA June 2005 to__ ugust 2008 cted interviews with persons involved with marine casualties, olation of law or an act of negligence arly represented CG at administrative hearings to seek sanction ies ulously prepared case work for all investigations and hearings d closely with attorneys and local police detectives ed REID Interview Techniques Seminar drug/alcohol use, and against offending CG lty Investigation Case Reviewe - Decembe - 2003 to June 2005 arters, Washington D.C. wed and approved casualty investigation case work for entire CG • Real Estate icense No. 657447, National Association of Realtors, Texas Association of "orpus Christi Association of Realtors ' ,—wa 'ds, oast Guard Commendation Medal, Coast Guard Achievement Medal, Navy mt Medal chievements, .0 9000 – Trained Quality Auditor Ce'tifications & ualified Marine Investigator, Enforcement Investigator, Suspension and Revocation ir, Suspension and Revocation Hearing Investigator and Small Passenger Vessel uocnapter T) Inspector AGENDA MEMORANDUM Future Item for the City Council Meeting of September 29, 2015 Action Item for the City Council Meeting of October 13, 2015 DATE: September 24, 2015 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Amendment to Council policies regarding Ad Hoc Committees CAPTION: Resolution amending Council Policy No. 14 of the Code of Ordinances regarding limitations on committee appointments. PURPOSE: The purpose of the resolution is to amend the council policies so that service on an ad hoc committee does not prohibit appointment to or service on another City board, commission, or committee. BACKGROUND AND FINDINGS: At the September 22, 2015 Council meeting, the City Council made a motion directing staff to amend the city code to allow for this exception to the code, primarily because an ad hoc committee is formed to address a particular issue and is not considered to be a standing committee. This requirement is found in Section 2-67 of the Code of Ordinances and Council Policy No. 14. This resolution amends Council Policy No. 14. ALTERNATIVES: The Council could choose not to amend the policy. CONFORMITY TO CITY POLICY: Conforms to the City Code. ONE READING / TWO READING ITEM: One -reading item. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI 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): N/A Comments: None RECOMMENDATION: Approve the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution amending City Council Policy No. 14 regarding limitations on committee appointments Whereas City Council Policy No. 10 adopted by Resolution 21901 provides that the City Council may appoint ad hoc committees as needed to assist the Council in its business; Whereas, an ad hoc committee is a committee formed to address a particular issue and is typically not considered to be a standing committee of the City; Whereas, City Council Policy No. 10 provides that all members to City Council ad hoc committees will be appointed by the Mayor or a majority of the Council; Whereas Section 2-67 of the City Code of Ordinances and City Council Policy No. 14 provides that no person shall be appointed to serve on more than one committee of the City at the same time; Whereas, the Council desires to modify City Council Policy No. 14 so that service on an ad hoc committee does not prohibit appointment to another City board, commission or committee; Be it resolved by the City Council for the City of Corpus Christi, Texas: SECTION 1. That Council policy No. 14 which was last amended by Resolution No. 029888 is revised regarding service on ad hoc committees. The deleted text is shown in strike -through text and the new text shown in underlined text as follows: "14. - Boards, commissions, and committee procedures. All individuals considered for appointment by the City Council to a Board, Commission, or Committee must have a resume or biographical information sketch on file in the office of the City Secretary. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time unless required by charter, statute, or other ordinance, said committee is an ad hoc committee, or when such service is required by virtue of the individual's position or title as the result of employment or when such appointment involves the Mayor or Council Members. The following rules and procedures will govern standing City Boards, Commissions, and Committees: a. City Council Members may be appointed as liaison contacts to the City's Boards, Commissions, and Committees, as well as other Committees the Council makes appointments to, in order to facilitate communications. Appointments will be by the Mayor or a majority of the Council. b. City Boards, Commissions, and Committees will provide annual reports of their respective activities. Such annual reports will be for the calendar year and will be due no later than January 15th of each year for the prior calendar period. Each City Board, Commission, and Committee will be provided an opportunity, if requested, to be placed on the City Council agenda for presentation of their annual report. c. Board, commissions, or committees with rule making or quasi-judicial authority are covered by the Texas Open Meetings Act and shall comply therewith. Other boards, commissions, and committees are directed to follow the Open Meeting Act except as inconsistent with these procedures or other ordinance or directive of the Council, and failure to comply with the Act may be grounds for sanction by the Council, in its discretion. No closed session may be held without receiving advice from the City Attorney. d. Orientation manuals will be prepared and provided to all new appointees to the City's Boards, Commissions, and Committees. Orientation sessions by the Chairpersons and/or staff liaison are encouraged. e. Meetings will be held in meeting rooms nearest support staff whenever possible. f. Agendas will follow a standard one-page format. g. All Boards, Commissions, and Committees shall keep minutes of all meetings thereof. Minutes will be limited to a one-page summary when possible. The presiding officer at such meeting shall designate an acting secretary in the absence of the regular secretary of any of such bodies to discharge such duty. A copy of the minutes of the proceedings of every such meeting shall be promptly forwarded to the City Manager for his information. Minutes will be filed in the office of the City Secretary for City Council and public review. h. Regular times for meetings will be established, when possible, to avoid staff overtime. i. Chairpersons will be advised of meeting costs involved and the need to reduce costs and expedite meeting times when possible. j. Ad hoc and subcommittees will meet without staff support when possible. k. No City board, commission, or committee shall appoint persons outside its membership as advisors or to subcommittees, ad hoc committees or other accessory entities, without prior approval of the City Council. I. Recommendations for appointments will be solicited from the affected Boards, Commissions, and Committees only for the following: City Council Youth Advisory Committee; Commission on Children & Youth; Committee for Persons with Disabilities; Community Youth Development (78415); Food Service Advisory Committee; Leadership Committee for Senior Services; Oil & Gas Advisory Committee; Retired and Senior Volunteer Program Advisory Committee; Senior Companion Program Advisory Committee; and Tree Advisory Committee. m. No person may serve as a voting member of a board, commission, or committee of the City for a period longer than six (6) years consecutively unless such service is required by virtue of the person's position or title as the result of employment or to complete an unexpired term. No person may be reappointed to the same board, commission, or committee after having been appointed to terms that would provide for six (6) consecutive years of service as a voting member unless the person has not served on that board, commission, or committee for a period of twelve (12) months. The foregoing limitations do not apply to the appointment of advisory, nonvoting members to a board, commission, or committee of the City. Any such advisory, nonvoting member appointed to a board, commission, or committee of the City is prohibited from serving as an elected or appointed officer of the board, commission, or committee to which such person has been appointed. n. Unexcused absences from more than twenty-five (25) percent of regularly scheduled meetings during a term year on the part of any board, committee, or commission member shall result in an automatic vacancy, which vacancy shall be promptly reported to the City Council. An absence shall be deemed unexcused unless excused by the board, committee, or commission for good cause no later than its next meeting after the absence. Any member, otherwise eligible, shall not be precluded from reappointment by reason of such automatic vacancy. o. All members of City Boards, Commissions, and Committees must be residents of the City. A member of a City Board, Commission or Committee may file as a candidate for nomination or election to any non -city public office. Upon the election or appointment to a non -city public office or upon the filing as a candidate for any P. q. position under this Charter, such Board, Commission or Committee member shall forfeit his or her position. All board, commission, and committee appointments will be presented to the City Council by the City Secretary no earlier than ninety (90) days before a term expires unless required by law. r. No board, commission, or committee appointment will be made during the period thirty (30) days prior to a city council election and extending to the taking of office for the newly elected council. s. Provisions q and r hereinabove apply to all appointments made by City Council and are not inclusive of only City boards, commissions, or committee appointments." ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Nelda Martinez Mayor of , 2015 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 AGENDA MEMORANDUM First Reading Ordinance for the September 29, 2015 City Council Meeting Second Reading Ordinance for the October 13, 2015 City Council Meeting DATE: September 24, 2015 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Amendment to City Code regarding Ad Hoc Committees CAPTION: Ordinance amending Section 2-67 of the Code of Ordinances regarding limitations on committee appointments. PURPOSE: The purpose of the ordinance is to amend the city code so that service on an ad hoc committee does not prohibit appointment to or service on another City board, commission, or committee. BACKGROUND AND FINDINGS: At the September 22, 2015 Council meeting, the City Council made a motion directing staff to amend the city code to allow for this exception to the code, primarily because an ad hoc committee is formed to address a particular issue and is not considered to be a standing committee. ALTERNATIVES: The Council could choose not to amend the code. CONFORMITY TO CITY POLICY: Conforms to the City Code. ONE READING / TWO READING ITEM: Two -reading item. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q 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): N/A Comments: None RECOMMENDATION: Approve the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance amending Section 2-67 of the Code of Ordinances regarding limitations on committee appointments Whereas City Council Policy No. 10 adopted by Resolution 21901 provides that the City Council may appoint ad hoc committees as needed to assist the Council in its business; Whereas, an ad hoc committee is a committee formed to address a particular issue and is typically not considered to be a standing committee of the City; Whereas, City Council Policy No. 19 provides that all members to City Council ad hoc committees will be appointed by the Mayor or a majority of the Council; Whereas Section 2-67 of the City Code of Ordinances provides that no person shall be appointed to serve on more than one committee of the City at the same time; Whereas, the Council desires to modify Section 2-67 so that service on an ad hoc committee does not prohibit appointment to another City board, commission or committee Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Division 1, Generally, Section 2- 67 Limitations on appointments, is revised regarding service on ad hoc committees. The deleted text is shown in strike -through text and the new text shown in underlined text as follows: "Sec. 2-67. - Limitations on appointments. (a) No person may serve as a voting member of a board, commission, or committee of the city for a period longer than six (6) years consecutively unless such service is required by virtue of the person's position or title as the result of employment or to complete an unexpired term. No person may be reappointed to the same board, commission, or committee after having been appointed to terms that would provide for six (6) consecutive years of service as a voting member unless the person has not served on that board, commission, or committee for a period of twelve (12) months. No person shall be appointed by the mayor or city council to serve on more than one (1) board, commission or committee of the city at the same time unless required by charter, statute or other ordinance, said committee is an ad hoc committee, or when such service is required by virtue of the individual's position or title as the result of employment. The foregoing limitations do not apply to the appointment of advisory, nonvoting members to a board, commission or committee of the city. Any such advisory, nonvoting member appointed to a board, commission or committee of the city is prohibited from serving as an elected or appointed officer of the board, commission or committee to which such person has been appointed. C:\Users\ GRAN IC-1\AppData\Local \Temp\BCL Technologies\easyPDF 7\@BCL@90051 FC2\@BCL@90051 FC2.docx 2 (b) All board, commission, and committee appointments will be presented to the city council by the city secretary no earlier than thirty (30) days before a term expires unless required by law. (c) No board, commission, or committee appointment will be made during the period thirty (30) days prior to a city council election and extending to the taking of office for the newly elected council. (d) Provisions (b) and (c) apply to all appointments made by city council and are not inclusive of only city board, commission, or committee appointments." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall take effect upon final City Council approval. 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 C:\Users\GRAN1C-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@90051 FC2\@BCL@90051 FC2.docx 3 PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor C:\Users\GRAN1C-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@90051 FC2\@BCL@90051 FC2.docx AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 29, 2015 Second Reading for the City Council Meeting of October 13, 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 Public Hearing and First Reading Ordinance - Street Closure of Starry Road located east of Rodd Field and north of Yorktown Blvd. CAPTION: Ordinance abandoning and vacating a 72,222.48 -SF (1.658 Acre) portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas and being a portion of a 19.56 Acre tract of land described by deed recorded at Document No. 2006037179, Official records of said county, said 1.658 Acre tract of land for road closure as further described by metes and bounds, requiring the owner, to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of the Starry Road public right-of-way. BACKGROUND AND FINDINGS: Dorsal Development, LLC, a Texas limited liability company (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 72,222.48 -SF portion (1.658 Acre) of a 20 -foot wide public right-of-way, portion out of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, as shown on a map which is recorded in Volume A, Pages 41-43, Map records of Nueces County, Texas and being a portion of a 19.56 Acre tract of land described by deed recorded at Document No. 2006037179, Official records of said county, said 1.658 Acre tract of land for road closure as further described by metes and bounds. 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 had any facilities within the public street right-of-way, or objections regarding the proposed public right-of-way abandonment. 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. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Aerial Map Ordinance abandoning and vacating an undeveloped and unsurfaced 72,222.48 -SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179 and requiring the owner Dorsal Development, LLC, a Texas limited liability company to comply with specified conditions. WHEREAS, Dorsal Development, LLC, a Texas limited liability company ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 72,222.48 -SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 29, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; 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 72,222.48 -SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179, 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 Dorsal Development, LLC, a Texas limited liability company ("Owner"), an undeveloped and unsurfaced 72,222.48 -SF (1.658 Acre) portion Starry Road, a map which is recorded in Volume A, Pages 41-43, Map records of Nueces County, Texas and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179 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 the graphical representation for the metes and bounds description, 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 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. 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 MURRAY BASS, JR., P.E.,R.P.L.S. IVIXON M. WGLSII, P.E.,R.P.L.S. www.bass-wclsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX ?8466-6397 Road Closure Tract STATE OF TEXAS COUNTY OF NUECES § 3054 S. ALAMMEDA, zip 78404 361 882-5521— FAX 361 882-1265 e-mail: murrayjra aol.com c -mail: nixmwta:aol,com June 29, 2015 10029-M&B-Closure.doc Description of a 1.658 acre tract of land, more or Tess, for road closure, a portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nucces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179, Official Records of said county, said 1.658 acre tract of land for road closure as further described by metes and bounds as follows: BEGINNING at a point in the northeast right-of-way line of Yorktown Boulevard which bears S61'00'00"E 257.75' from the point of intersection of said northeast right-of-way line of Yorktown Boulevard and the northwest boundary line of said 19.56 acre tract, said beginning point for the westernmost corner of the tract herein described; from the common corner of Lots 9 and 24, said Section 25 and Lots 6 and 7, said Section 34, said point of beginning bears N29 00'00"E 40.00' and N61"00'00"W 20.00'; THENC1- N29 00'00"E 1805.61' along a Zine 20.00' northwest of and parallel to the southeast boundary line of said Lot 9 and along a Zine 20.00' northwest of and parallel to the southeast boundary line of said Lot 8 to a point in the northeast boundary line of said 19.56 acre tract of land for the northernmost corner of the tract herein described; THENCE S61 00'00"E along said northeast boundary line of 19.56 acre tract, at 20.00' pass the common boundary line between said Lots 1 and 8, in all a distance of 40.00' to a point for the easternmost corner of the tract herein described; THENCE S29 -00'00"W 1805.61' along a line 20.00' southeast of and parallel to the northwest boundary line of said Lot 1 and along a line 20.00' southeast of and parallel to the northwest boundary line of said Lot 6 to a point in said northeast right-of-way line of Yorktown Boulevard for the southernmost corner of the tract herein described; THENCE along said northeast right-of-way line of Yorktown Boulevard N61°00'00"W 40.00' to the POINT OF BEGINNING, a sketch showing said 1.658 acre tract of land for rr},3d closure being attached hereto as Exhibit "B". Nixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 SECT 341 SECT 25 w z J A Z 7 0 J PA I— U 3W/i 0 I I.._ J Q 0 2 r 24 9 40' S61'00' 00'E ff 257, 75' Nl T N 19. 56 AC. TRACT, DOC. NO. 2006037179, 0. R. N29° 00' 00' E 1805. 61' F� �, i' 'P R, '‘.1 • eh. S�G�O A3 1 EF 4 e• LOT 9 LOT 8 7 6 I i S29° 00' 00' W 1805. 61' ROAD CLOSURE Dv TRACT, 1, 658 AC. N61' 00' 00" W LOT 6 LOT 1 si,p1 Sly ati Q• EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI❑N 1' =300' 0 150' 300' 600' SCALE! 1'= 300' LOT 8 L0T 1 S61' 00' 00" E BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-RQAD CLOSURE, JOB NO. 10029, SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 6/29/15, SHEET 1 OF 1 'Date Created: 7/3 Rizepal-eci By: Je DepartrneratpetteloiSment SE YORKTOWN ESTATES Street Closure Notice Area Cayo Del Cleo EXHIBIT C - YORKTOWN ESTATES RIGHT-OF-WAY CLOSURE E; �. Rt /y 37 UPR/liFR 0� MAIN CF a� `- 0pliti.0 IH 37 1' 44 BEAR O X92 Vicinity Map 0°' HW ,_CR 34 d �� yt, IY () CR 26 41C 9 CR 26Qc1FM 43 �To,R©(�4� _� O'C`6g4, s��^ FM 665 @ v1 'r 0 tra 1,7r- 0 4q' 0 4,/ U U co s0 ,0S0 Oce 0 0 rJ} Q C° k CR 14 1 JZC ..S'CO IT CR 12 CO 0 FM 70 v 5 WHITECAP U WINN YORKTOWN ESTATES Street Closure Notice Area ®Closure t Closure AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 29, 2015 Second Reading Ordinance for the City Council Meeting of October 13, 2015 DATE: TO: FROM: September 16, 2015 Ronald L. Olson, City Manager Mike Markle, Interim Chief of Police mikemacctexas.com 886-2603 Accepting and appropriating the Victims of Crime Act (VOCA) Outreach Program grant within the Police Department for the 3rd project year CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $14,998.99 and an in-kind match of $6,200.00 from the No. 1020 Police General Fund; appropriating the $84,795.95 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of $14,998.99 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $105,994.94. PURPOSE: Funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The Victim Assistance Program Community Outreach is the 3rd year of a grant designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant provides funding for a Victim Case Manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi -disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant will keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes for training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. This grant period is for 13 months 9/1/2015 — 9/30/2016 as the State is aligning all grants to the State fiscal year. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $14,998.99 $14,998.99 BALANCE $14,998.99 $14,998.99 Fund(s): General Fund, Cash contribution to grants Comments: RECOMMENDATION: Staff recommends acceptance of the grant application and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $14,998.99 and an in-kind match of $6,200.00 from the No. 1020 Police General Fund; Appropriating the $84,795.95 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of $14,998.99 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $105,994.94. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $14,998.99 and an in-kind match of $6,200.00 from the No. 1020 Police General Fund. SECTION 2. That $84,795.95 grant is appropriated in the No. 1061 Police Grants Fund to continue the Victims of Crime Act (VOCA) Outreach Program in the Police Department. SECTION 3. The transfer of $14,998.99 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $105,994.94. 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 Office of the Governor Page 1 of 2 *** PREVIEW - Statement of Grant Award (SOGA) - PREVIEW *** The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division rules in Title 1, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded as well as any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 2677I03 PREVIEW - AWARD NOT ACTIVE 09.01/2015 - 09130i2016 12x29..2016 VA -Victims of Crime Act Formula Grant Program Corpus Christi, City of Victim Assistance Community Outreach Daisy Saenz-Rodriguez 069457786 CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $84,795.95 $14,998.99 $6,200.00 $105,994.94 16.575 - Victims of Crime Act Formula Grant Program U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime 8:25.'2015 2015-V'A-GX-0009 $161,830,424.00 Texas Office of the Governor Criminal Justice Division (CJD) No This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims List of Post -Award Conditions of Funding and Other Fund -Specific Requirements Condition of Funding / Project Requirement Date Created Date Met Hold ProjectIte Funds Hold Li m Funds Other Condition of Funding. Grant Period Realignment 7/28/2015 Resolution: Except for state agencies, each applicant agency must submit a resolution from the applicable governing body (such as the city council, county commissioners' court, school board, or board of directors) electronically using the 'Upload' function in the eGrants system. 6/18/2015 https://egrants.gov.texas.gov/project/awardpreview.aspx?i2-1 &i 1=8&gh=9D-37-8F-Al-1... 9/10/2015 Office of the Governor Page 2 of 2 Please be advised that OOG has added a Condition of Funding (CoF) that will hold funds on a specific budget line item(s) that must be met. You can review the CoF by going to the Summary tab and Clicking on the View Condition of Funding link. Assuming all other Conditions of Funding noted on the Statement of Grant award have been met, you will be able to request reimbursement for any line item except for the one(s) with the fund hold until that fund hold is cleared. 7.28.20I5 https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=8&gh=9D-37-8F-A 1-1... 9/1012015 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 29, 2015 Second Reading Ordinance for the City Council Meeting of October 13, 2015 DATE: TO: September 16, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikemacctexas.com 886-2603 Accepting and appropriating the Victims of Crime Act Grant (VOCA) within the Police Department for the 16th and 17th project years CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) Grant within the Police Department for the 16th and 17th project years with a City match of $43,067.05 and an in-kind match of $4,000 from the No. 1020 Police General Fund; appropriating the $188,264.42 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of $43,067.05 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $235,331.47. PURPOSE: Funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes for training, travel, supplies and miscellaneous equipment as the required match. This grant period is 9/1/2015 — 9/30/2017 a two year and one month award period. The State is converting grants to a 2 year cycle as well as aligning grants with the State fiscal year. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $20,672.18 $22,394.87 $43,067.05 BALANCE $20,672.18 $22,394.87 $43,067.05 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant application and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Office of the Governor Page 1 of 2 *** PREVIEW - Statement of Grant Award (SOCA)- PREVIEW *** The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division rules in Title 1, Part 1, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded as well as any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below. Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 1522316 PREVIEW - AWARD NOT ACTIVE 09'01: 2015 - 09:30:2017 12.29;2017 VA -Victims of Crime Act Formula Grant Program Corpus Christi, City of Victims of Crime Act Daisy Saenz-Rodriguez 069457786 CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $188,264.42 $43,067.05 $4,000.00 $235,331.47 16.575 - Victims of Crime Act Formula Grant Program U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime 8 25 2015 2015-VA-GX-0009 $161,830,424.00 Texas Office of the Governor Criminal Justice Division (CJD) No This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims List of Post -Award Conditions of Funding and Other Fund -Specific Requirements Condition of Funding / Project Requirement te Geated Date Met Hold Project Funds Hold Item Funds Grant Period Realignment. 7/27/2015 Please be advised that OOG has added a Condition of Funding (CoF) that will hold funds on a specific budget line item(s) that must be met. You can review the CoF by going to the Summary tab and Clicking on the View Condition of Funding link. Assuming all other Conditions of Funding noted on the Statement of Grant award have been met, you will be able to request 7/27/2015 https:l/egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=8&gh=D 1 -B2 -3D-71-7... 9/10/2015 Office of the Governor Page 2 of 2 eimbursement for any line item except for the one(s) with the fund hold until hat fund hold is cleared. https://egrants.gov.texas.gov/project/awardpreview.aspx?i2- 1 &i 1 8&gh D1 -B2 -3D-71-7... 9(10/2015 Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years with a City match of $43,067.05 and an in-kind match of $4,000 from the No.1020 Police General Fund; Appropriating the $188,264.42 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of $43,067.05 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same as grant matching funds for a total project cost of $235,331.47. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years with a City match of $43,067.05 and an in-kind match of $4,000 from the No.1020 Police General Fund. SECTION 2. That $188,264.42 grant is appropriated in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department. SECTION 3. The transfer of $43,067.05 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $235,331.47. 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 29, 2015 Second Reading Ordinance for the City Council Meeting of October 13, 2015 DATE: TO: September 10, 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 IMM/LOCALS Immunization Branch -Locals Grant in the amount of $241,637, and appropriation of the funds for the contract period September 1, 2015 through August 31, 2016; and ratifying acceptance of the grant agreement to begin September 1, 2015 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the IMM/LOCALS Immunization Branch - Locals grant in the amount of $241,637 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2015, through August 31, 2016; and ratifying acceptance of the grant agreement to begin September 1, 2015 PURPOSE: To be used to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637 to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. ALTERNATIVES: Refuse the grant and discontinue providing immunizations to the population of the State of Texas. OTHER CONSIDERATIONS: None 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 $241.637 $241.637 BALANCE $241.637 $241.637 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. The Department of State Health Services ("DSHS") allows the Health Department to charge fees to administer vaccines provided by the grant; however, any fees collected during each month of the grant must be deducted from each monthly grant reimbursement request made to DSHS. Annual grant program fees are estimated to be $70,000 that has been included in the FY2016 Health Department Budget. 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 September 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. 2016-000014-00 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the IMM/LOCALS Immunization Branch -Locals grant in the amount of $241,637 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2015, through August 31, 2016; and ratifying acceptance of the grant agreement to begin on September 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 $241,637 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2015 through August 31, 2016, to provide personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger. 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 September 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 2016-000014-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $241,637.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2015 and ends on 08/31/2016. 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: As applicable, DSHS enters into this Contract under the authority of Texas Health and Safety Code Chapter 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: IMM/LOCALS Immunization Branch -Locals Page 1 of 13 7. Statement of Work: Contractor shall implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three (3) years of age or younger (birth to 35 months of age). Contractor shall incorporate traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization capacity, and establish uniform operating policies, as described herein. Contractor shall be enrolled as a provider in the Texas Vaccines for Children (TVFC) and the Adult Safety (ASN) Programs by the effective date of this Program Attachment. This includes a signed Deputization Addendum Form (E6-102) and adherence to the TVFC Operations Manual and associated TVFC policy guidelines provided by DSHS (located at http://www.dshs.state.tx.us/immunize/tvfc/tvfc_manual.shtm). Contractor shall comply with written policies and procedures provided by DSHS in managing vaccines supplied through the ASN and TVFC Programs, including guidelines for proper storage, handling, and safeguarding of vaccines in the event of natural disaster. Contractor shall comply with all requirements laid out in the final, approved Work Plan (Exhibit A). • Contractor will use the current vaccine management system as described in the TVFC Operations Manual. • Contractor shall notify ASN and TVFC providers of changes to vaccine storage and handling, vaccine management reporting, and present updates and training to providers, as requested by DSHS. • Contractor shall plan and implement community-based activities and collaborations to accomplish the required tasks as specified in the final, approved Work Plan (Exhibit A). Contractor shall report all notifiable conditions as specified in 25 Texas Administrative Code (TAC) Part 1 § §97.1-97.6 and §§97.101-97.102, and as otherwise required by law. Contractor shall report all vaccine adverse event occurrences in accordance with the 1986 National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa-25 (located at http://vaers.hhs.govl or 1-800-822-7967). Contractor shall inform and educate the public about vaccines and vaccine -preventable diseases, as described in the DSHS Immunization Contractors Guide for Local Health Departments (located at http:I/www.dshs.state.tx.uslimmunizeldocslcontractor1E11-13985_FY2016 ContractorsGuide.pdf). Contractor shall conduct outreach and collaborative activities with American Indian tribes located within the boundaries of the contractor's jurisdiction. Contractor shall work to promote a health care workforce within the Local Health Department's service area (including Contractor's staff) that is knowledgeable about vaccines, vaccine safety, vaccine -preventable diseases, and delivery of immunization services. Contractor shall not deny vaccinations to recipients because they do not reside within Contractor's jurisdiction or because of an inability to pay an administration fee. Contractor shall comply with all applicable federal and state regulations and statutes, including but not limited to: • Human Resources Code §42.043, VTCA; Page 2 of 13 • Education Code §§38.001-38.002, VTCA; • Health and Safety Code §§12.032, 81.023 and 161.001-161.009, VTCA; • 25 TAC Chapter 97; • 25 TAC, Chapter 96; • 25 TAC, Chapter 100; • 42 USC §§247b and 300 aa -25; • Omnibus Budget Reconciliation Act of 1993, 26 USC §4980B; and • Senate Bill 346. Contractor shall comply with current applicable state and federal standards, policies and guidelines, including but not limited to DSHS's Standards for Public Health Clinic Services, revised August 31, 2004 (located at http://www.dshs.state.tx.us/qmb/default.shtm#public). Contractor shall be responsible for identification and case management to all surface antigen positive pregnant women and timely newborn post exposure prophylaxis (PEP) with hepatitis B vaccine and hepatitis B immune globin (HBIG) as well as timely completion of doses two and three of hepatitis B vaccine and completion of post -vaccination serology testing (PVST). Contractor shall be responsible for conducting outreach regarding vaccinations for children (19 through 35 months of age in the Contractor's jurisdiction) included on the list distributed to Contractor by the ImmTrac Group at DSHS. Lists are distributed through ImmTrac at the start of each quarterly reporting period (September 01, 2015; December 01, 2015; March 01, 2016; and June 01, 2016). Contractor shall be responsible for conducting outreach to17-year-olds included on the lists distributed to the Contractor by DSHS to explain the lifetime registry and obtain their consent as an adult to be included in ImmTrac. Lists are distributed on October 1, 2015; December 1, 2015; February 1, 2016; April 1, 2016; June 1, 2016; and August 1, 2016. Contractor shall be responsible for conducting outreach to new ImmTrac providers who have logged into ImmTrac within 30 days of registering. Lists of these providers are distributed at the beginning of each month. Contractor shall be responsible for conducting outreach to existing ImmTrac providers that have not logged in into lmmTrac in the last 90 days. Lists are distributed on September 1, 2015; November 1, 2015; January 1, 2016; March 1, 2016; May 1, 2016; and July 1, 2016. Contractor must receive written approval from DSHS before varying from applicable policies, procedures, protocols, and/or work plans, and must update and disseminate its implementation documentation to its staff involved in activities under this contract within forty-eight (48) hours of making approved changes. Contractor shall review monthly contract funding expenditures and salary savings from any contract -paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this contract before the end of the contract term on August 31, 2016. USE OF FUNDS • Funds shall not be used for purchase of vaccines, inpatient care, construction of facilities, or debt retirement. • Contractor is authorized to pay employees who are not exempt under the Fair Labor Standards Act (FLSA), 29 USC, Chapter 8, §201 et seq., for overtime or compensatory time at the rate of time and one-half per FLSA. Page 3 of 13 • Contractor is authorized to pay employees who are exempt under FLSA on a straight time basis for work performed on a holiday or for regular compensatory time hours when the taking of regular compensatory time off would be disruptive to normal business operations. • Authorization for payment under this provision is limited to work directly related to immunization activities and shall be in accordance with the amount budgeted in this contract Attachment. Contractor shall document proper authorization or approval for any work performed by exempt or non-exempt employees in excess of forty (40) hours per work week. • All revenues directly generated by this Program Attachment or earned as a result of this Program Attachment during the term of this Program Attachment are considered program income; including income generated through Medicaid billings for immunization related clinic services. The Contractor shall use this program income to further the scope of work detailed in this Program Attachment, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. Program income shall not be used for purchase of vaccines, inpatient care, construction of facilities, or debt retirement. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a monthly basis. If expenditures are below what is projected in Contractor's total Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Contractor agrees to read DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. http://www.dshs.state.tkus/contracts/cfpm.shtm. 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. SECTION II: PERFORMANCE MEASURES: The following performance measure(s) will be used, in part, to assess Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the terms of the Contract. Contractor shall: • Investigate and document, in accordance with DSHS Emerging and Acute Infectious Disease investigation Guidelines (located at http://www.dshs.state.tx.us/idcu/investigation/conditions/) and NBS Data Entry Guidelines, at least 90% of confirmed or probable reportable vaccine -preventable disease cases within thirty (30) days of initial report to public health. • Complete 100% of the follow-up activities, designated by DSHS, for NFC provider quality assurance site visits assigned by DSHS. • Ship overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Health Service Region (HSR) Immunization Program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship overstocked vaccines and Page 4 of 13 vaccines approaching expiration. • Contact and provide case management to 100% of the number of hepatitis B surface antigen -positive pregnant women identified. • Contact 3% or 250 children per FTE (whichever is more) who are not up-to-date on their immunizations according to the ImmTrac-generated client list provided to the contractor by DSHS at the beginning of each reporting period. • Perform outreach and education activities targeting adolescents 14 to 18 years of age and their parents via health-care providers, health-care clinics, hospitals, and any other health-care facility providing health care to adolescents 14 to 18 years of age to satisfy Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095 requirements. Outreach and education activities must focus on the immunization registry and the option for an individual who is 18 years of age or older to consent to having their immunization records stored within the immunization registry. Additional outreach and educational activities may focus on high schools, colleges, and universities. • Participate in at least one collaborative meeting concerning tribal health issues, concerns, or needs with American Indian tribal members during the contract term if American Indian tribes are in their jurisdiction. • Report outreach done, and collaborative efforts made, with the American Indian tribes in the contractor's jurisdiction. • Review 100% of monthly biological reports, vaccine orders (when applicable), and temperature recording forms for accuracy to ensure the vaccine supply is appropriately maintained and within established maximum stock levels. Review and approval for vaccines orders (when applicable) must be documented in the Electronic Vaccine Inventory system. • Complete 100% of child-care facility and Head Start center assessments, in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. • Complete 100% of public and private school assessments, retrospective surveys, and validation surveys, in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. • Report number of doses administered to underinsured children monthly, as directed by DSHS. • Report the number of unduplicated underinsured clients served, as directed by DSHS. Contractor shall utilize the Assessment, Feedback, Incentives, and eXchange (AFIX) on line tool and methodology, found in the Immunization Quality Assurance Tool Resource Manual, (located at http:llwww.dshs.state.tx.uslimmunizeldocslQA_slte _isit.pdf) to assess immunization practices and coverage rates for all sub -contracted entities and non -local health department clinics. Immunization provider coverage rates will be generated using the Comprehensive Clinic Assessment Software Application (CoCASA), as specified by DSHS. Contractor shall utilize the Centers for Disease Control and Prevention (CDC) Provider education, Assessment, and Reporting (PEAR) system and directly enter data into PEAR to document NFC quality assurance site -visits for all sub -contracted entities and non -local health department clinics. The Contractor shall submit the final assessment results in the PEAR system within twenty-four (24) hours of conducting the visit. Page 5 of 13 Contractor shall utilize the CDC PEAR system and directly enter data into PEAR to document TVFC unannounced storage and handling visits conducted at TVFC provider offices. The Contractor shall submit the final unannounced storage and handling visit results in the PEAR system within twenty-four (24) hours of conducting the visit. Contractor is required to complete and submit Immunization Inter -Local Agreement (ILA) Quarterly Report form, utilizing the format provided by the DSHS Program and available at http://www.dshs.state.tx.ustimmunizelproviders.shtm, by the report due date. See programmatic Reporting Requirements section for required reports. SECTION 111: SOLICITATION DOCUMENT: Governmental Entity SECTION IV: RENEWALS: There are no renewals. SECTION V: PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List. SECTION V: BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. The Form B-13 can be found at the following link http://www.dshs.state.tx.uslgrants/formslb13form.doc. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit MC 1940 1100 West 49th Street P. O. Box 149347 Austin, Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 458-7442. The email address is invoices@dshs.state.tx.us. SOURCE OF FUNDS: STATE and CFDA# 93.268 HCR Immunization and Vaccines for Children Program Page 6 of 13 8. Service Area Nueces County Page 7of13 This section intentionally left blank. Page 8of13 10. Procurement method: Non -Competitive GST -2012 -Solicitation -00022 Interagency/Interlocal DCPS "GOLIVE" IMMUNIZATION LOCALS PROPOSAL 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2016 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.268, 93.268, 93.268, 93.268, 93.268, 93.268, STATE 14. DUNS Number: 069457786 Page 9 of 13 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date LHD ILA Quarterly Quarterly 09/01/2015 11/30/2015 12/31/2015 Report LHD ILA Quarterly Quarterly 12/01/2015 02/29/2016 03/31/2016 Report LHD ILA Quarterly Quarterly 03/01/2016 05/31/2016 06/30/2016 Report LHD ILA Quarterly Quarterly 06/01/2016 08/31/2016 09/30/2016 Report Financial Status Quarterly 09/01/2015 11/30/2015 12/31/2015 Report Financial Status Quarterly 12/01/2015 02/29/2016 03/31/2016 Report Financial Status Quarterly 03/01/2016 05/31/2016 06/30/2016 Report Financial Status Quarterly 06/01/2016 08/31/2016 10/15/2016 Report Submission Instructions: LHD ILA Quarterly Reports should be submitted electronically to dshsimmunizationcontracts@dshs.state.tx.us according to the time frames stated above. Financial Status Reports shall be sent to invoices@dshs.state.tx.us. Page 10 of 13 16. Special Provisions General Provisions, ARTICLE 111 SERVICES, Section 3.02 Disaster Services, is revised to include the following: In the event of a local, state, or federal emergency the Contractor has the authority to utilize approximately 5% of staffs time supporting this Program Attachment for response efforts, as pre-approved in writing by DSHS. DSHS shall reimburse Contractor up to 5% of this Program Attachment funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Contractor shall maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre-event time period. Contractor shall notify the Assigned Contract Manager in writing when this provision is implemented. General Provisions, ARTICLE XIV. GENERAL TERMS, Section 14.12 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 11 of 13 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-000014-00 b. General Provisions Subrecipient General Provisions c. Attachments Budget d. Declarations Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification yhti o - A Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: e. Exhibits 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. 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 pproved as to form:AilI S r/L ' 94, sista y arney For City Attorney Page 12 of 13 Budget Summary Organization Name: Corpus Christi Public Health District Program ID: IMM/LOCALS Contract Number: 2016-000014-00 Budget Categories Budget Categories Personnel Fringe Benefits Travel Equipment Supplies Contractual Other Total Direct Costs DSHS Funds Requested $176,197.00 $40,719.00 $6,211.00 $0.00 $8,142.00 $4,368.00 $6,000.00 $241,637.00 Indirect Costs $0.00 Cash Match $0.00 Totals $241,637.00 $0.00 v In Kind Match Contributions $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Category Total $176,197.00 $40,719.00 $6,211.00 $0.00 $8,142.00 $4,368.00 $6,000.00 $241,637.00 $0.00 $0.00 $241,637.00 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 any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress 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 -1 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 $10,000 and not more than $ I00,000 for each such failure. Signature Date Print Name of Authorized Individual 8301 (rfir r't 00 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: 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.usps.com DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date 1 Department of State Health Services Form 4734 - June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, t 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 ❑ No If your answer is "Yes" to this question, where can this information be accessed? if your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000; Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 Fiscal Year 2016 Department of State Health Services Contract General Provisions ARTICLE I CONTRACT COMPONENTS 4 SEcrlo\ 1.01 CONTRACT CON' PON u rs 4 SECTION 1.02 ORDER OF PRECEDENCE 4 ARTICLE 1I COMPLIANCE AND REPORTING 4 SECTION 2.01 CoMPL1INCE 4 SECTION 2.02 PRECEDENCE OF CONTRACT TERMS 4 SECTION 2.03 EFFECT OF LEGISLATIVE CHANGES 4 SECTION 2.04 COMPLIANCE \%ITII REQUIREMENTS OF SOLICITATION DOCUMENT 4 SECTION 2.05 REPORTING 4 SECrIoN 2.06 APPLICABLE CONTRACTS LAW ;OM VENUE FOR DISPUTES 4 SECTION 2.07 STATUTES AND STANDARDS OF GENERA I. APPLICABILITY 4 SECTION 2.08 APPI.ICABI1.rr1 or GENERAL PROVISIONS TO INTERAGENCY AND I\TERIOCAI. CONTRACTS 6 SrcrION 2.09 Cum. RIGHTS POLICY AND COMPLAINTS 7 SccTION 2.10 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS.\\n ArrROvA1 5 7 SECTION 2.11 FUNDING OBLIGATION 7 SECTION 2.12 WII1sTLEBLo\A ER Acr PROTECTION 7 ARTICLE III SERVICES 7 Srcrlo\ 3.01 EDUCATION TO PERSONS IN RESIDENTIAL FAC II.ITIES 7 SECTION- 3.02 DISASTER SERVICES 8 Srcriox 3.03 CONSENT TO MEDICA1. CART: OF A MINOR 8 SFe-rIoN3.04 TELEUFnICINETTFI.FrSYCIIIATRYMEDICAL SERVICES 8 Sicrtox 3.05 SERVICES AND INFORMATION FOR PERSONS WIT II LI\IrrED E'SGLIs11 PICOIICILticY 9 ARTICLE IV FUNDING 9 SECTION 4.01 DEBT TO STATE ,I\) CORPORATE STATUS. 9 SECTION 4.02 APPLICATION OF PAYMENT DISE 9 ARTICLE V PAYMENT METHODS AND RESTRICTIONS 9 SECI to 5.01 PAYMENT METHODS. 9 SECTION 5.02 INVOICE/BILLING SUBMISSION 9 SECT ION 5.03 FINAL IsvoicEBILLING SUBMISSION. 10 SECT ioN 5.04 THIRD PARTY PAYORS.. 10 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 10 SECTION 6.01 PROMPT PAYMENT 10 SECTION 6.02 PAI NIENT B\ DEPARTMENT 10 SECTION 6.03 WITHHOLDING PAYMENTS. 11 ARTICLE Vll CONFIDENTIALITY 11 SECTION 7.01 MAIN rENANCE OE CONFIDE \murk' I I SECTION 7.02 DEPARTMENT ACCESS TO PHI AND OTHER CONFIDENTIAL INFORMATION. 11 SECTION 7.03 EXCHANGE OFCLIENT-IDE.TIFYING INFORMATION. 11 SECTION 7.04 SECT. RITZ' OF PATIENT OR CLIENT RECORDS. 1 I SECTION 7.05 HIV/AIDS MODEL WORKPLACE GUIDELINES 12 ARTICLE VIII PUBLIC INFORMATION ACT 12 General Provisions (September 1, 2016) SEcTiox 8.01 TEXAS Pt RUC INFOR►IATION ACT 12 ►RTICLE 1X RECORDS RETENTION 12 ST:CTlo19.01 RETENTION 12 -MITI( LE X ACCESS, INSPECTION AND AUDIT OF RECORDS 12 SECTION 10.01 ACCESS ANI) INSPECTION 13 SECTION 10.02 STATE At DITOR'S OFFI['E 13 SECTION 10.03 RESPONDING TO DEFICIENCIES 13 ARTICLE XI REPORTING REQUIREMENTS 13 SECTION 11.01 CHILD ARISE RETORTING REQLIREIIE\T 13 SECTION 11.02 SIGNIFICANT INC [DENTS 14 Si:CTION 11.03 LITIGATION. 14 SECTION 11.04 CONTRACT OR LICENSE ACTION AGAINST THE COtiTR.ACTOR. 14 SECTION 11.05 INSOLVENCY 14 SECTION 11.06 PERFORMANCE MAI FEASANCF 14 SECTION 11.07 CRIMINAL. ACTIVITY AND DISCIPLINARY AcT1ox 15 SLLTION 11.08 RETALIATION PROHIBITED 15 SECTION 11.09 Doc t'MENTATION 15 ARTICLE XII ASSURANCES AND CERTIFICATIONS 15 SECTION 12.01 CERTIFICATION 15 SECTION 12.02 CIHI.D SUPPORT DELINQUENCIES 16 SECTION 12.03 AUTHORIZATION 16 SFCTtoN 12.04 GIFTS ANI) BENEFITS PROHIBITED 16 SEci ION 12.05 INELIGIBIL1Ty TO RECEIVE THE CON 'I1L►C716 SEc l7oN 12.06 ANTI'I RI SI 17 ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR 17 SEcrioN 13.01 PROGRAM SITE 17 SECTION 13.02 HiS'I'ORICALLY UNIIERIrIILI/EI) BUSINESSES {HUBS) 17 SECTION 13.03 Buy TEXAS 17 SECTION 13.04 STATI 5 OF SpRcoNTIL►CroRs 17 SECTION 13.05 INDEPENDENT CONTRACTOR 18 SECTION 13.06 TAX LIABILITY 18 SECTION 13.07 Nat ICE OF'ORGANIZATIONAL CIL►NGE 18 SEcrION 13.08 No ENDORSEMENT 18 SECTION 13.09 E-VERIET SYSTEM 18 ARTICLE XIV GENERAL TERMS 18 SECTION 14.01 ASSIGNMENT 18 SECTION 14.02 LoBBYtNc 19 SECTION 14.03 CONFLICT OF INTEREST 19 SECTION 14.04 TRANsACTuoNs BETWEEN RELATED PARTIES 20 SECTION 14.05 INTELLEC7'i Al. PROPERTY 20 SECTION 14.06 OTHER INTANGIBLE PROPERTY 21 SECTIoN 14.07 SEVEILUIILill AND AMB1GUITY 21 SECTION 14.08 LEGAL NOTICE 21 SECTION 14.09 SuccEssotts 21 SECTION 14.10 SURVIVABILITY OF TERMS 21 SECTION 14.11 CUSTOMER SERVICE INFORMATION 21 General Provisions (September 1, 2016) 2 SECTION 14.12 SFcTtoN 14.13 SECTION 14.14 SECTION 14.15 SECTION 14.16 SEcrIoN 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SrcT1ox 15.03 SECTION 15.04 :ART ICLE XVI SFrrION 16.01 SI CTioN 16.02 St crios 16.03 ARTICLE XVII SECTION 17.01 SrcTION 17.02 SECTION 17.03 SEcr1°N 17.04 SECTION 17.05 SECT ION 17.06 .1R1 ICLE X\'Ill SEA 1 [oN 18.01 SECTIoN 18.02 SEcrION 18.03 :ARTICLE XIX SECTION 19.01 SF_cr[os 19.02 SECT ION 19.03 SECTION 19.04 SECTION 19.05 AMENDMENT 21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL 21 UNILATERAL Az►1E.ND\IENT 21 INTERIM EXTENSION ANIENDMENT 22 I\tMUNITV NOT WAIVED 22 HOLD HAR\ILESS %ND 1NDE\INIFICATION. 22 WAIVER 22 ELECTRONIC AND INFORMATION RESOURCES At [ ESSIRILITI AND SECURITY STANDARDS 22 FORCE MAJEURE 24 COOPERATION AND COMMUNICATION, 24 INSURANCE 24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 25 ACTIONS CONSTITUTING BREACH OF CONTRACT 25 GENERAL REI1EDIESAND SANCTIONS 25 NOTICE OF RporntES OR SANCTIONS. 26 EMERGENCY ACTION 26 CLAIMS AGAINST THE DEPART,\) ENT -NOTICE OF DISPUTE 27 BREACI I of CoNTITACE CLAIM 27 NOTICE 27 PERFORMANCE NOT SUSPENDED. 27 TERMINATION AND TEMPORARY SUSPENSION 27 EXPIRATION OF CONTRACT OR PROGRA\I ATTACHMENTS 27 EFFT.CT OF TERMINATION OR EXPIRATION. 27 TERMINATION OR TEMPORARY SUSPENSION WITHOUT CAUSE. 27 IMMEDIATE TEIIIIIIXATION 28 TERMINATION FOR CAUSE 28 NOTICE OFTER\ILEATION 28 VOID, SUSPENDED AND TERMINATED CONTRACTS 28 Volt) CON rR Arrs 28 EFFECT OF VOM, SUSPENDED, OR INVOLUNTARILY TERMINATED CONTRACT iuc r 28 AI'PE.ALS RIGHTS FOR DSHS FUNDED BLOCK GRANTS 28 CLOSEOUT 28 CESSATION OF SERVICES AT' CLOSEOUT 28 ADMINISTRATIVE OFFSET 29 DEADLINE FOR CLOSEOUT 29 PAYMENT OF REFUNDS 29 DISALLOWANCES AND ADJUSTMENTS 29 General Provisions (September 1, 2016) 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 I1 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 DSI -IS. 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 I, 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'freatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 12. Public 1-lealth 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 1 101 et seq., as amended by Public Law113-4 (March 7, 20I3), 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 of2001_ 20 USC § 7183, regarding the non-use of all tobacco products; d National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and 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; b. 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; j, The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq.. pertaining to the treatment of laboratory animals, 1, Environmental standards pursuant to the following: 1. Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247). "Protection and Enhancement of Environmental Quality;" 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 1I 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 I listoric Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Ilistoric Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSI 1S 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. 5151 Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 HHSCivilRightsOfficet 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 DSI IS 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 I, 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 1n -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 Invoice/Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than 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; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department 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 health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state 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 http://www.hhsc.state.tx_us/about hhsc/BusOpp/data-use- aQreement.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 I II IS Data Use Agreement (Version 8.3). Section 7.02 Department Access to P111 and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PI II and other confidential information under this Contract, without the consent of the individual to whom the P111 relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy Iaws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange P111 without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Texas Ilealth 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 to special needs offenders, to an agency described in Texas Health and Safety Code § 614 017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall 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/policy/policies.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 I0.01 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 DSIIS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSIIS or, if directed by DSI IS, a corrective action plan to document and resolve the deficiency. A DSHS or IIIiSC 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 (I-11VISTD), b. Family Planning (Titles V, X and XX); c. Primary 1-lealth 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 tram 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.uslchildabuserenorting 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, if any. 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 (3i 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 http://sao.fraud.state.tx.us, and to the HHS Office of Inspector General at http://www.oig.hhs.eov/fraud/hotline/ 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 ar has been convicted ofa 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. 1-las 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 ar have direct contact with clients, unless otherwise directed in writing by DSIIS. 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 ali notices and reporting to DSI -IS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section I2.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts. a. 1t 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 (I-IUBs). If Contractor was not required to submit a I IUB 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 reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's IIUB Coordinator before proposed changes shall be effective under this Contract. Contractor shall make a good faith effort to subcontract with I-IUBs 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 DSIIS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSI IS 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 DSFIS 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: I. 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 111-1SC, 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. lf, 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 potentia! 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 I, 2016) I9 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 DSIIS use is a "work made for hire." DSI -IS 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 DSI IS, 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 DSIIS 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 TIIIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR TI IE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR TME STATE OF TEXAS MAY 1-IAVE BY OPERATION OF LAW. Section 14.17 Ilold Ilarmless 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. 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 Standards" 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, DS1IS 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. DSI -IS 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. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the 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 all 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 DSI -IS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSI -IS 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 severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure 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 I, 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 refunds 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 General 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 DSI -IS 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 I. 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; I. 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 DSUS. If DSI -IS 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 aeainst 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 DSI -IS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable to DSI IS or another entity designated by DSIIS. 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 I, 2016) 27 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. 1f Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition 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 DSAS 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 DSE-IS. Section 18.03 Appeals Rights for DSIIS 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 L 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 appl icable_ 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 ARTICLE XXI Section 21.01 Section 21.02 Section 21.03 Section 21.04 Section 21.05 Section 21.06 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS PROGRAM OPERATIONS 3 1 Client Financial Eligibility. 31 Contracts with Subrccipient and Vendor Subcontractors. 31 Incorporation of Terms in Subrecipient Subcontracts. Quality Management. 32 Contractor's Notification of Change to Certain Contract Provisions. .. ...... .......... ,...„32 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees -32 ........ , ...... ........ 31 ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES 33 Section 22.01 Section 22.02 Section 22.03 Section 22.04 Section 22.05 ARTICLE XXIII Section 23.01 Section 23.02 Section 23.03 Section 23.04 Section 23.05 Section 23.06 Section 23.07 Section 23.08 Section 23.09 Section 23.10 Equipment 33 Equipment List. 33 Supplies. 34 Property Inventory and Protection of Assets 34 Assets as Collateral Prohibited. 34 PROGRAM FUNDS AND PAYMENTS 34 Use of Funds. 34 Use for Match Prohibited. 34 ProgramIncome. .._,...................... ........... ,.._ ..... .,,... ................................................. , 35 Nonsupplanting. 35 Payment Methods. 35 Financial Status Reports (FSRs) 35 Working Capital Advance. 35 Condition Precedent to Requesting Payment 36 Management and Control Systems . 36 Effect or Grant Close Out 36 ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 36 Section 24.01 Section 24.02 Section 24.03 Section 24.04 Section 24.05 Section 24.06 Allowable Costs 36 Property Acquisitions 37 Cost Allocation Plan 38 Overtime Compensation 38 Independent Single or Program -Specific Audit 38 Submission of Audit 39 ARTICLE XXV INSURANCE AND BONDS 39 Section 25.01 Insurance. 39 Section 25.02 Fidelity Bond, 40 Section 25.03 Liability Coverage 40 ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT. Section 26.01 Section 26.02 Section 26.03 Section 26.04 Section 26.05 .40 Final Budget 40 Bankruptcy 40 Title to Property. 41 Disposition of Property. 41 Closeout of Equipment 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS .......... ...... .... .. 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 DSI -IS 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 Subrecipient 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 -DSI -IS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSI -IS 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 leve! 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 DSI IS, 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 8. 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 must be 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 Tater than October 15'h 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. Section 23.01 ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS 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 eamed 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: I . 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. DSI IS 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 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 obl igations. Annlicable Cost nrincinles. Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-1 10 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 21 5) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 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:coscapedshs.state.bc.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 g. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http://www.dshs.state.tx.us/contractsllinks.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: COSContractAdministrationedshs state.tx.us Electronic submission to 1IHSC should be addressed as follows: Oueenah.Teamah(a7hhsc. 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 DS1IS sanctions and remedies for non-compliance with this Contract. 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 DS1IS 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 DSI -IS 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 in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. 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 DSI -IS 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 httpa/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 Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A ❖ UNIT A Program Stewardship and Accountability Contractor General Requirement Unit A-1: Implement a comprehensive immunization program. Activities under this requirement shall be conducted in accordance with the Department of State Health Services (DSHS) Immunization Contractors Guide for Local Health Departments. Activities: • Adhere to Standards for Child and Adolescent Immunization Practices and Standards for Adult Immunization Practices found at http://www.cdc.govivaccinesirecs/vac-admin/rev-immz-stds.htm • Maintain current policies in compliance with the DSHS Immunization Contractors Guide for Local Health Departments and have them available to Contractor's staff. • Lapse no more than 5% of total funded amount of the contract. Maintain and adjust spending plan throughout the contract term to avoid lapsing funds. Account for and use Program Income appropriately throughout the contract term. Maintain staffing levels to meet required activities of the contract and to ensure that all funds in the personnel category are expended. The funded amount of the contract may be reduced if more than 5% of the funded amount of contract is lapsed in the previous fiscal year. • Submit required Quarterly Local Health Department (LHD) Inter -Local Agreement (ILA) Reports to DSHS Immunization Contracts at dshsimmunizationcontracts(c�dsh5.state.tx.us by Close of Business (COB) Central Standard Time (C.S.T.) on December 31, 2015; March 31, 2016; June 30, 2016; and September 30, 2016 or the next business day if the date falls on a weekend or state approved holiday. • Submit Corrective Action Plan (CAP) letter to DSHS Contract Management Unit (CMU) within fifteen (15) business days after On -Site Evaluation if findings are not resolved at time of site visit to the satisfaction of the HSR Immunization Program Manager and DSHS Immunization Branch Contracts staff. Contractor General Requirement Unit A-2: Complete Texas Vaccines for Children (TVFC) site visits, TVFC unannounced visits, and follow-up visits assigned by DSHS Immunization Branch or DSHS Health Service Region (HSR) Immunization Program staff within prescribed timeframes outlined in the TVFC Operations Manual. Activities under this requirement shall be conducted in DSHS Stock Number: El 1-13986 Rev. 04'2015 1** TEXAS d Si A, Alwebt 11 Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 12016 accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Conduct TVFC site visit follow-up and submit results following the process described and within deadlines established in the TVFC Operations Manual. • Conduct TVFC site visits in 100% of subcontracted entities as listed in the Inter - Local Application and non -Local Health Department immunization clinics, if applicable. • Conduct TVFC unannounced storage and handling visits at TVFC enrolled provider offices within the jurisdiction following the process described and within deadlines established in the TVFC Operations Manual. Contractor General Requirement Unit A-3: Ensure that expired, wasted, and unaccounted-for vaccines do not exceed 5% in Contractor's clinics. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and TVFC Operations Manual. Activities: • Ensure that expired, wasted, and unaccounted-for vaccines do not exceed 5% in Contractor's clinics. • Ensure that all expired, spoiled/wasted vaccines is appropriately identified and entered into the Electronic Vaccine Inventory (EVI) system. • Maintain storage and handling policies and procedures according to the TVFC Operations Manual. (http://www.dshs.state.tx.us/immunize/tvfetvfc.manual.shtm) • Ensure that appropriate routine and emergency vaccine storage and handling plans are in place at each clinic location. • Ship overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Health Service Region (HSR) Immunization program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. Contractor General Requirement A-4: Implement a plan to assure that vaccines provided through the TVFC program are not provided inadvertently to fully privately insured individuals, including children covered by the State Children's Health Insurance Program (S -CHIP). Establish and maintain protocols for screening individuals for eligibility and insurance coverage before administering vaccines provided through the TVFC program. DSHS Stock Number: E I 1-13986 Rev. 04/2015 2IPaL, Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 12016 Contractors may use the TVFC Program Patient Eligibility Screening Record (C-10) and the Adult Safety Net (ASN) Program Adult Eligibility Screening Record (EFI 1-12842) or electronically store this information. Any child who, upon screening, meets one of the eligibility criteria listed below and is 18 years of age or younger qualifies for state or federal vaccine through the TVFC program: a. Eligible for Vaccine For Children (VFC) Vaccine: • Medicaid Enrolled, • No Health Insurance, • American Indian or Alaskan Native, or • Underinsured* served by a Federally Qualified Health Center (FQHC), Rural Health Clinic (RHC), or a deputized provider. b. Eligible for State.'Federal Vaccine: • Enrolled in CHIP**, or • Other Underinsured***. * Underinsured includes children with health insurance that does not include vaccines or only covers specific vaccine types. Children are only eligible for vaccines that are not covered by insurance. In addition, to receive VFC vaccine, underinsured children must be vaccinated through a FQHC or RHC or under an approved deputized provider. The deputized provider must have a written agreement with an FQHC RHC and the state, local territorial immunization program in order to vaccinate underinsured children. ** Children enrolled in separate state CHIP. These children are considered insured and are eligible for vaccines through the TVFC Program as long as the provider bills CHIP for the administration of the vaccine. *** Other underinsured are children that are underinsured but are not eligible to receive federal vaccine through the VFC Program because the provider or facility is not a FQHC RHC or a deputized provider. However, these children may be served if vaccines are provided by the state program to cover these non-VFC eligible children. ❖ Unit B Assessing Program Performance Contractor General Requirement Unit B-1: Conduct educational, promotional, and outreach activities for the general public to enhance immunization awareness, including distribution of DSHS-provided materials. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. DSHS Stock Number: E 11-13986 Rev. 04.2015 3 P Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A Activities: 12016 • Contractor will provide vaccine and immunization education to target audiences and to the general public on the benefits of vaccination, the risk of vaccine -preventable diseases, staying on the Advisory Committee on Immunization Practices (ACIP) Recommended Immunization Schedule(s), and the importance of not missing any vaccines. • Inform and educate parents of infants, children, adolescents, adults (men and women), grandparents, seniors, health-care providers, and the general public about vaccines for all age groups and vaccine -preventable diseases. Information should include the importance and benefits of being fully vaccinated, vaccine recommendations, and the location of community vaccination clinics. • Conduct at least one monthly immunization education activity specifically directed to one of the target groups as directed by DSHS. • Conduct at least twelve (12) outreach and educational activities during the contract period in accordance with Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095, to each of the following audiences: health-care providers, health-care clinics, hospitals, and any other health- care facility providing health care to adolescents 14 to 18 years of age and report results on the Quarterly Report. Outreach and education activities must focus on the immunization registry and the option for an individual who is 18 years of age or older to consent to having their immunization records stored within the immunization registry. Additional outreach and educational activities may focus on high schools, colleges, and universities. • Document the activity with the number and type of participants and evaluate activity by obtaining feedback from participants. • Use national immunization observances as opportunities to conduct specific education and promotional activities to give emphasis to the importance and benefits of vaccines: National Infant Immunization Week (NIIW), National Immunization Awareness Month (NIAM), National Adult Immunization Week (NAIW), and National Influenza Vaccination Week (NIVW). • Develop and implement a written communications and customer service plan to assure customers receive consistent, correct immunization information and services in a courteous and friendly manner on a timely basis. • Participate in special initiatives as directed by DSHS, such as the Dairy Queen Coupon project, the Hallmark Card Governor's Program, and others. • Participate in statewide media campaigns by distributing DSHS-developed and produced public service announcements and materials to local DSI -IS Stock Number: El 1-13986 Rev. 04:2015 • TEXAS 4 Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 2016 television and radio stations, newspapers, parent publications, university newspapers, high school newspapers, and neighborhood newspapers. • Promote www.ImmunizeTexas.com, the Immunization Branch's website; The Upshot, an electronic newsletter; and the Vaccine Advisory, a vaccine newsletter, to providers in the Contractor's jurisdiction. • Promote and distribute immunization literature for the public to TVFC providers and Contractor's clinics. • Provide information to clients, families, health-care providers, and the general public on the purpose of the Texas immunization registry, ImmTrac; the benefits of ImmTrac participation; and the importance of maintaining a complete immunization history in ImmTrac. • Inform the general public about the TVFC and ASN Programs and the eligibility criteria for participating in the programs. • Distribute TVFC information and educational materials at venues where parents of TVFC-eligible children might frequent. • Distribute ASN information and educational materials at venues and clinics that serve eligible adults. • Inform and highly recommend to the medical community and local providers within the Contractor's' jurisdiction the most current Centers for Disease Control and Prevention (CDC) Epidemiology and Prevention of Vaccine -Preventable Disease (EPI -VAC) training. The most current pink book, titled Epidemiology and Prevention of Vaccine -Preventable Disease can be found on the CDC website at: (htto://www.cdc.govVaccines/oubsninkbook index.html) Establish collaborative efforts with appropriate community entities regarding promoting immunizations and the reduction of vaccine -preventable diseases. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Identify providers, hospitals, schools, child-care facilities, social service agencies, and community groups involved in promoting immunizations and reducing vaccine -preventable diseases. • List and maintain contact information of group members and collaborations and identify the best practices they are promoting. • Maintain written agreements and updates of group members and collaborations. • Document communications, group meetings, and planning of activities that promote the Best Practices identified in contract agreement. Documents are to be accessible during site visits. • Report new group members on the Quarterly Report. Contractor General Requirement Unit B-2: DSHS Stock Number: E11-13986 Rev. 04.2015 • • irxAS 1.t- YSRawWabihort kss•.f4+ Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 12016 When assigned by DSHS, complete 100% of child-care facility and Head Start center assessments and child-care audits. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. When assigned by DSHS, complete 100% of public and private school assessments, retrospective surveys, and validation surveys. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. Activities: • Complete and report 1001?0 of required audits/assessments as assigned by the Immunization Branch, DSHS. These will include: o Texas Child -Care Immunization Assessment o Child -Care Audit o Annual Report of Immunization Status (school self -assessments) o School Audit o Texas School Immunization Validation Survey o Texas County Retrospective Immunization School Survey (TCRISS) • Assigned surveys/assessments must be completed utilizing the instructions in DSHS Immunization Contractors Guide for Local Health Departments and the Population Assessment Manual. • Monitor vaccination and exemptions per respective areas for completed audits/assessments. • Analyze, provide feedback, and monitor vaccination trends for public school districts, private schools, licensed child-care facilities, and registered family homes to increase vaccination coverage using audit/assessment data. • Identify trends and areas of need for local health department jurisdictions and coordinate interventions. • Collaborate with schools, licensed child-care centers, and registered child- care homes to identify needed improvements. Report these results/findings to the DSHS Immunization. Contractor General Requirement B-3: Work with TVFC providers to develop quality improvement processes to increase coverage levels and decrease missed opportunities using Assessment, Feedback, Incentives, and eXchange (AFIX)components, as appropriate, and move toward use of Immunization Information System (IIS) as primary source of data for provider coverage level assessment Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and the Texas Vaccine for Children (TVFC) Program Provider Manual. DSHS Stock Number: E11-13986 14 .TEXAS Rev. 04.`2015 Ik.q Ude IMS #resins 61 Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 12016 Activities: • Conduct immunization coverage level assessments utilizing the AFIX online tool and (CoCASA) in 100% of subcontracted entities as listed in the Inter -Local Application and non -Local Health Department immunization clinics, if applicable. • Conduct TVFC compliance site -visits for all sub -contracted entities and non- focal health department clinics utilizing the CDC Provider Education, Assessment, and Reporting (PEAR) system and directly enter data into PEAR to document TVFC quality assurance compliance site visits for all sub -contracted entities and non -local health department clinics. If contractor encounters problems with directly entering data into PEAR, the contractor shall submit the final assessment results in the PEAR system within twenty-four (24) hours of conducting the visit. • Conduct TVFC unannounced storage and handling visits at TVFC provider offices utilizing the CDC PEAR system and directly enter data into PEAR to document TVFC storage and handling visit results into PEAR. If contractor encounters problems with directly entering data into PEAR, the contractor shall submit the final unannounced storage and handling visit results in the PEAR system within twenty-four (24) hours of conducting the visit. Contractor General Requirement B-4: Investigate and document at least 90% of reportable confirmed or probable vaccine - preventable disease (VPD) cases within thirty (30) days of initial report to public health in accordance with DSHS Infectious Disease Control Unit Guidelines for Investigation and Control of Invasive, Respiratory, Foodborne, and Vaccine -Preventable Disease at:http://www.dshs.state.tx.us/idcu/healthlinfection control•Investigation-Guidances ---. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Adhere to the DSHS Infectious Disease Control Unit Guidelines for Investigation and Control of Invasive, Respiratory, Foodborne, and Vaccine -Preventable Disease (http://www.dshs.state. tx. us/i do u/health/infection_control/Investigation- Guidancel), NBS Data Entry Guidelines, and current Epi -Case Criteria Guide (both found at: (https:l/txnedss.dshs.state.tx.us:8009: PHINDox/UserResources/Zin conducting this General Requirement and the associated activities. • Complete all data entry into NEDSS Base System (NBS) following the NBS data Entry Guidelines at: (https://txnedss.dshs.state.tx.us:8009.PHINDox/UserResources/). • Verify and enter complete vaccination history in NBS on all VPD investigations with case status of confirmed or probable. Complete 71 'age DSHS Stock Number: E11-13986 Rev. 04/2015 *4* i TEXAS Mpanneeri KJaF Haan LrMw, Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A vaccination history should be assessed through ImmTrac, provider offices, school records, or patient records. • Routinely review and follow up on all VPD laboratory reports received, including electronic lab reports (ELRs) sent from DSHS through NBS and Health Alert Network (HAN). • Provide feedback on any unmet performance measures during each Quarterly Report review. • All new VPD surveillance staff will attend Introduction to NBS training and complete the certification process in order to gain access to the NBS system. Contractor General Requirement Unit B-5: Educate, inform, and train the medical community and local providers within Contractor's jurisdiction on immunization activities listed below. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Provide training on TVFC requirements and updates (as described in the TVFC Operations Manual) to TVFC providers annually at a minimum. • Document annual training in PEAR for each Provider Identification Number (PIN) in jurisdiction. • Ensure that the TVFC providers have the most up-to-date, DSHS- produced immunization information in their offices. • Provide training, information, and technical assistance to promote the effective use of ImmTrac by private providers (which includes education regarding the benefits of ImmTrac participation). • Educate private providers about the ImmTrac enrollment process and the statutory requirement to report immunizations. • As directed by DSHS identify first responders and their immediate family in the community and inform them of the opportunity to be included in ImmTrac. • Conduct educational training for hospital and health-care providers within the Contractor's jurisdiction, to increase mandatory screening and reporting of hepatitis B surface antigen (HBsAg -positive women. • Provide training on the prevention of perinatal hepatitis B to providers within the Contractor's jurisdiction. • Educate physicians, laboratories, hospitals, schools, child-care staff, and other health providers on VPD reporting requirements. • Educate and update providers on the most currentACIP recommendations for all age groups, as well as on applicable regulatory vaccination requirements. • Provide training relating to Standards for Child and Adolescent DSHS Stock Number: E1 1-13986 Rev. 04/2015 8 Y I* TEXAS Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 12016 Immunization Practices and Standards for Adult Immunization Practices (http:ffwww.cdc.govfvaccinesfrecs/vac-admin/rev-immz-stds.htm) to all immunization providers within Contractor's jurisdiction. • Inform all private providers on the federal requirement that the most current Vaccine Information Statements (VIS) must be distributed to patients at: (http:!'www.cdc.gov/vaccinesihcpivislindex.html) • Promote a healthcare workforce that is knowledgeable about vaccines, vaccine recommendations, vaccine safety, vaccine -preventable diseases, and the delivery of immunization services. • Educate healthcare workers on the need to be vaccinated themselves. • Provide information to community health-care employers (hospitals, clinics, doctor's offices, long-term care facilities) about the importance of vaccination of health-care workers. • Educate private providers to send National Immunization Surveys (NIS) to the Contractor for research prior to returning the survey to CDC, if applicable. • Coordinate educational and other activities with local WIC programs to assure that children participating in WIC are screened and referred to their "medical home" for vaccination using a documented immunization history in accordance with the Standards for Child and Adolescent Immunization Practices at: http:;;°www.cdc.gov/vaccines.•'recsfvac-admin/rev-immz- stds.htm. • Offer educational opportunities to all WIC programs in the service area, including information about on-line and satellite -broadcast continuing education opportunities from the CDC Continuing Education web site at http:,'•'www.cdc.gov'vaccinesied.'default.htm. • Report on education, training, outreach activities or collaborative efforts conducted to the medical community and local providers in the Contractor's jurisdiction and the outcomes on each Quarterly Report. ❖ Unit C Assuring Access to Vaccines Contractor General Requirement Unit C-1: Engage American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations located within contracted local health department boundaries in immunization activities. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. DSHS Stock Number: E11-13986 Rev. 04'2015 !TIl TEXAS 9P Page Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A Activities: • Perform education, training, outreach activities and provide technical assistance for American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations. • Report on education, training, outreach activities, or collaborative efforts conducted to American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations and the outcomes on each Quarterly Report. Contractor General Requirement Unit C-2: Provide immunization services and ACIP -recommended vaccines in Contractor's clinics to children, adolescents, and adults to maximize vaccine coverage levels within Contractor's jurisdiction. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Ensure that all ACIP recommended vaccines are routinely available to TVFC patients. • Ensure that all vaccines listed on the ASN vaccine formulary are available to eligible adult patients. • Recommend the simultaneous administration of alI needed vaccines for the patient. • FoIlow only medically supportable contraindications to vaccination. • Verbally educate patients and parents/guardians about the benefits and risks of vaccination and distribute DSHS educational materials, as applicable, as part of this conversation. • Discuss, and attempt to schedule, the next immunization visit at each client encounter. • Explain the benefits of a "medical home" and assist the parent/guardian in obtaining or identifying the child's medical home. • Use a Reminder/Recall system (manual, Texas Wide Immunization Client Encounter System {TWICES}, ImmTrac, or other system). • Establish "standing orders" for vaccination in Contractor's clinics, consistent with legal requirements for standing orders (including, but not limited to, those found in the Texas Medical Practice Act). • Implement an employee immunization policy according to CDC recommendations in Contractor's clinics. 10 DSHS Stock Number: El 1-13986 Nr,T Rev. 04.2015 �YCC+91�1►►11`` La rlsam Mwkxa Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 2016 Enroll and sustain a network of TVFC providers to administer federally funded vaccines to program -eligible populations according to CDCACIP and National Vaccine Advisory Committee (NVAC) standards. Conduct recruitment to increase the number of ImmTrac providers, TVFC providers, ASN providers, and Perinatal Hepatitis B providers. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Conduct recruitment activities as defined in the TVFC Operations Manual with providers on the DSHS-supplied provider recruitment list. • Target adolescent health-care providers for recruitment and emphasize adolescent vaccine requirements and recommendations Contractor General Requirement Unit C-3: Assure compliance with Health and Human Services (HHS) Deputization Guidance. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Annually sign Deputization Addendum, and provide immunization services to underinsured children. • Report monthly the number of vaccine doses administered to underinsured clients by age categories 0-6 years and 7-18 years of age as directed by DSHS. • Report monthly the number of unduplicated underinsured clients served by age categories 0-6 years and 7-18 years of age as directed by DSHS. Contractor General Requirement Unit C-4: Work with partners, as appropriate, to assure coordination of the following activities in order to prevent perinatal hepatitis B transmission. a.) Identification of HBsAg -positive pregnant women. b.) Timely newborn post -exposure prophylaxis with hepatitis B vaccine and hepatitis B immune globulin (HBIG). c.) Timely completion of doses two and three of hepatitis B vaccine. d.) Timely completion of post -vaccination serology testing. Ensure all pregnant women are screened for HBsAg and that all HBsAg -positive pregnant women are reported to DSHS. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. DSHS Stock Number: Ell -13986 Nr'TEXAS, Rev. 04, 2015 Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A Activities: 2016 • Develop a surveillance system that includes prenatal care providers, obstetrical and gynecological care providers, family practitioners, and labor and delivery facilities to assure all HBsAg -positive pregnant women are reported to DSHS within one week of diagnosis. • Educate prenatal care providers to ensure they are screening pregnant women for HBsAg status during each pregnancy; implement procedures for documenting HBsAg screening results in prenatal care records, and forward original laboratory results to the delivery facility. • Educate delivery hospitals to ensure they verify prenatal HBsAg test results of pregnant women on admission for delivery and test for HBsAg at delivery. • Provide DSHS produced educational materials on how to prevent perinatal hepatitis 13 transmission for distribution to appropriate clients in agencies that include WIC, religious organizations, refugee/immigration assistance programs, and other community-based organizations. • Provide trainings, as directed by DSHS, to delivery hospitals on reporting HBs -Ag positive test results for women who have delivered at their facilities. • Submit all Perinatal Hepatitis B educational training conducted each quarter on the Education, Training, Information, and Collaborations (EITC) tab of the quarterly report. Ensure that all infants born to HBsAg -positive women and women whose HBsAg status is unknown will receive the first dose of the hepatitis B vaccine and HBIG within 12 hours of birth. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Ensure all labor and delivery facilities develop standing orders and policies to administer the first dose of the hepatitis B vaccine and HBIG to at -risk infants within 12 hours of birth. • Identify labor and delivery facilities that do not have standing orders and/or policies and educate providers to establish standing orders and policies to administer to at -risk infants the first dose of the hepatitis B vaccine and HBIG within 12 hours of birth. • Determine the number of newborns that do not receive the first dose of the hepatitis B vaccine and/or HBIG and work with those facilities to ensure all at -risk infants receive the hepatitis 13 vaccine series and HBIG within 12 hours of birth. • Report to DSHS all infants born to HBsAg -positive women within fifteen (15) calendar days of the event. 12 DSHS Stock Number: Eli -13986 tkii �j TEXAS Rev. 04:2015 �'�1`��� Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A Ensure that 100% of the number of identified infants born to HBsAg -positive women will complete the hepatitis B vaccine series and post -vaccination serology testing. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Administer or obtain from the provider or ImmTrac the complete hepatitis B vaccine series. Infants shall complete the hepatitis B vaccine series by 6 — 8 months of age if the infant receives a single antigen or Pediarix® vaccine. • Perform post -vaccination serology testing or obtain from the provider the post -vaccination serology testing results to determine immunity against hepatitis B. Post vaccination serology testing shall be done by 9 months of age if the infant received a single antigen or Pediarix® vaccine. • For all cases documented as a lost to follow-up on the Perinatal Hepatitis B case management form, report the number and types of attempted activities performed in locating the mother or guardian of the infant to DSHS on the Perinatal Hepatitis B case management form. Contractor General Requirement C-5 All household contacts over 24 months of age and sexual partners of reported HBsAg - positive women shall be referred for serologic testing to determine susceptibility status in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Household contacts over the age of 24 months and sexual contacts are not eligible for the program. They should be referred to health care providers for screening and vaccination if susceptible. The number of contacts over age 24 months identified and referred to a health care provider is to be documented on the woman's case management form. Ensure all household contacts below or equal to 24 months of age are case managed as appropriate to ensure the infant completes the hepatitis B vaccine series and receives post -vaccination serology testing as scheduled. A contact case management form should be completed for all contacts under or equal to 24 months of age and case management activities performed. DSHS Stock Number: E I 1-13986 Rev. 04.2015 her ,'TEXAS 131Page Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A ❖ Unit D 201.+6 Immunization Information Technology Infrastructure -Assure that the immunization information technology infrastructure supports program goals and objectives. Contractor General Requirement Unit D-1: Promote provider site participation and assure immunization record completeness, timeliness, accuracy, efficiency, and data use to support immunization program goals and objectives. Effectively utilize ImmTrac, the statewide immunization registry, in Contractors' clinics. Work in good faith, and as specified herein, to increase the number of children less than six (6) years of age who participate in ImmTrac. Work in good faith and as specified herein, to ensure ImmTrac registered private providers use ImmTrac effectively as defined in the DSHS Immunization Contractors Guide for Local Health Departments. Activities under the requirements above shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments Activities: • Recruit new private provider sites for ImmTrac. • Search for the client's immunization history at every client encounter. • Review the client's record for vaccines due and overdue according to the CDC Recommended Schedules at: http://www.cdc.gov/vaccines/schedules/index.html. • Report to ImmTrac all immunizations administered to children (younger than 18 years of age) and consented adults in Contractor's clinics, either directly into ImmTrac or through TWICES. • Follow and explain recommended guidelines for obtaining and submitting ImmTrac consent forms according to the instructions found at http:l/www.dshs.state.tx.uslimmunizeldocs;consent guidelines.pdf. • Offer updated Immunization History Report to the client or client's parent or guardian at every client encounter. • At every client encounter, compare all immunization histories (ImmTrac, TWICES, validated patient -held records, clinic medical record) and enter into ImmTrac or TWICES any historical immunizations not in ImmTrac. DSHS Stock Number: El 1-13986 Rev. 04/2015Suer liesin TEXAS ry 141 P Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 2016 • Verbally and with DSHS produced literature, inform parents presenting at Contractor's clinics about ImmTrac and the benefits of inclusion in ImmTrac. • Provide orientation to all ImmTrac providers at least once a year and maintain documentation of all technical assistance provided (e.g., telephone logs). • Explain and demonstrate the effective use of ImmTrac according to the instructions located in the DSHS Immunization Contractors Guide for Local Health Departments. • Conduct follow-up with registered ImmTrac providers who are inactive or not using ImmTrac effectively. • Train ImmTrac providers' staff on ImmTrac data entry and quality standards. • Update all demographic information, including address and telephone number, at every client encounter. • Conduct outreach (including, but not limited to, the specific outreach described in the DSHS Immunization Contractors Guide for Local Health Departments) to families of children 19 to 35 months of age who are not up-to-date on their immunizations according to ImmTrac; locate additional immunization histories; and enter history data into ImmTrac. • Collaborate with prenatal health-care providers, birth registrars, hospital staff, pediatricians, and other entities to educate parents, expectant parents, and providers about ImmTrac and the benefits of participation. Includes the dissemination of DSHS educational materials as appropriate. • Identify and contact families of children for whom ImmTrac consent has been granted but who do not have complete immunization records in ImmTrac. • Identify all providers who administer vaccine in awardee's jurisdiction, including both pediatric and adult immunization providers. • Collaborate with partners and develop a provider recruitment strategy to include complementary vaccinators, such as pharmacists and school - located vaccination clinics. • Encourage ImmTrac participation among providers. • Use and train providers on the use of the new IIS as the system becomes available. Contractors General Requirement Unit D-2: Assure provider participation in vaccine ordering and inventory management using the EVI system. • Educate providers regarding vaccine ordering policies. • Train providers to use the EVI system for inventory and order entry. DSHS Stock Number: EI 1-13986 Rev. 04.2015 1 rocas 3 15 Page Texas Department of State Health Services Immunization Branch Inter -Local Agreement Work Plan - Exhibit A 12016 • Train providers on the use of the new IIS system as the system is available. Assist all other TVFC providers in local jurisdiction with maintenance of appropriate vaccine stock levels. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and the current TVFC Operations Manual. Activities: • Evaluate maximum vaccine stock levels twice a year in alI TVFC provider clinics under Contractor's jurisdiction and assess providers' inventories when visiting clinics. • Review 100% o of monthly biological reports, vaccine orders (when applicable), and temperature recording forms for accuracy and to ensure that the vaccine supply is appropriately maintained and within established maximum stock levels. Review and approval for vaccine orders (when applicable) must be documented in the Electronic Vaccine Inventory system. • Ship overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Health Service Region (HSR) Immunization Program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. • If vaccine is available locally, submit Vaccine Transfer Authorization Form (EC - 67) to DSHS HSR Immunization Program Managers for approval prior to conducting transfers and/or deliveries to support the TVFC providers requesting assistance. • Educate and assist all TVFC providers with TVFC Provider Choice, as directed by DSHS. • Offer provider updates, training, and information as changes to vaccine management occur. DSHS Stock Number: E11-13986 Rev. 04/2015 TEXAS 16�i AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 29, 2015 Second Reading Ordinance for the City Council Meeting of October 13, 2015 DATE: TO: September 22, 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 Regional Local Services System/Local Public Health System (RLSS/LPHS) Grant in the amount of $328,736, and appropriation of the funds for the contract period September 1, 2015, through August 31, 2017 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant in the amount of $328,736, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide essential public health services for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to improve and strengthen local public health infrastructure within the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $328,736, to provide funding for public health services beginning September 1, 2015, through August 31, 2017, to fund personnel, fringe benefits and supplies to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. ALTERNATIVES: Refuse the grant and discontinue the local public health services program that enables the Health District to provide for local public health services including disease investigation and surveillance, laboratory services, and environmental health services. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: III Operating III 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 $328,736 $328,736 BALANCE $328,736 $328,736 Fund(s): Grants Comments: No fiscal impact to General Fund. Grant award does not require any cash or 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 September 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. 2016-000023-00 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 Regional Local Services System/Local Public Health System (RLSSILPHS) grant in the amount of $328,736, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide essential public health services for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 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 $328,736, from. the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2015, through August 31, 2017, to provide essential health 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 September.1, 20.15..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 2016-000023-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $328,736.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/0112015 and ends on 08131/2017. 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: As applicable, DSHS enters into this Contract under the authority of Texas Health and Safety Code Chapter 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: RLSSILPHS RLSSILocal Public Health System-PnP Page 1 of 12 7. Statement of Work: Statement of Work: A. CONTRACTOR will improve or strengthen local public health infrastructure within the State of Texas by: 1. Developing objective(s) to address a public health Issue; 2. Utilizing resources provided through this Program Attachment to conduct activities and services that provide or support the delivery of essential public health services; 3. Assessing, monitoring, and evaluating the essential public health activities and services provided through this Program Attachment; and 4. Developing strategies to improve the delivery of essential public health service(s) to identified service area. B. These tasks shall be performed in accordance with Department of State Health Services (DSHS) Division for Regional and Local Health Services Interlocal Application. The assessment and/or evaluation activities must include measurable standards. Acceptable standards include the National Public Health Performance Standards approved by the Centers for Disease Control and Prevention Healthy People 2020 (Healthy People) related goals and objectives, and DSHS Programmatic grant guidance and performance standards relative to the contractors identified scope of work, as well as any federal, state or local law or regulation governing the delivery of essential public health services. Other evaluation methods utilizing standards not listed in this Program Attachment must be pre -approved by DSHS. C. CONTRACTOR will comply with ail applicable federal and state laws, rules, regulations and standards including, but not limited to, the following: 1. Chapter 23-11 of the Healthy People 2020; 2. Section 121.002 of Texas Health & Safety Code; 3. Section 403.1055 of Texas Government Code. D. CONTRACTOR will not use funds from the Permanent Fund for Children and Public Health for lobbying expenses under the Texas Government Code Section 403.1067. E. CONTRACTOR will comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Program Attachment. F. DSHS will Inform CONTRACTOR in writing of any changes to applicable federal and state laws, rules, regulations, standards and guidelines. CONTRACTOR shall comply with the amended law, rule, regulation, standard or guideline except that CONTRACTOR shall inform DSHS Program in writing if it shall not continue performance under this Program Attachment within 30 days of receipt of an amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. G. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor CONTRACTOR's expenditures on a quarterly basis. If expenditures are below that projected in CONTRACTOR's total contract amount, CONTRACTOR's budget may be subject to a decrease for the remainder of the contract term. Vacant positions existing after 90 days may result in a decrease in funds. H. Contractor agrees to read DSHS Contractor Financial Procedures Manual (CFPM) and work with Page 2 of 12 DSHS staff regarding the management of funds received under this Contract. http:llwww.dshs.state.tx.uslcontractslcfpm.shtm. PERFORMANCE MEASURES A. CONTRACTOR will complete the Performance Measures as stated in the CONTRACTOR'S FY16 Local Public Health Service (LPHS) Service Delivery Plan, and as agreed upon by DSHS, hereby attached as Exhibit A. B. CONTRACTOR will provide activities and services required under this Program Attachment in the Service Area designated in the most recent version of Section 8,"Service Area" of this contract. See Programmatic Reporting Requirement section for required reports. BILLING INSTRUCTIONS: CONTRACTOR will request payment using the State of Texas Purchase Voucher (Form B-13) on a monthly basis with acceptable supporting documentation for reimbursement of the required servicesldeliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number listed below. Claims Processing Unit, MC1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form 8-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us. Page 30E12 8. Service Area Nueces County Page 4 of 12 This section intentionally left blank. Page 5 of 12 10. Procurement method: Non -Competitive interagency/Interlocal GST -2012 -Solicitation -00025 RLHS GOLIVE LPHS PROPOSAL 11. Renewals: Number of Renewals Remaining: 1 Date Renewals Expire: 08/31/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.991, 93.991, STATE 14. DUNS Number: 069457786 Page 6 of 12 15. Programmatic Reporting Requirements; Report Name Frequency Period Begin Period End Due Date Project Service Quarterly 09/01/2015 11/30/2015 12/31/2015 Delivery Plan Project Service Quarterly 12/01/2015 02/2912016 03/31/2016 Delivery Pian Project Service Quarterly 03/01/2016 05131/2016 06/30/2016 Delivery Pian Project Service Quarterly 06/01/2016 08/31/2016 09/30/2016 Delivery Plan Financial Status Quarterly 09/01/2015 11/30/2015 12/31/2015 Report (FSR) Financial Status Quarterly 12/01/2015 02/29/2016 03/31/2016 Report (FSR) Financial Status Quarterly 03/01/2016 05/31/2016 06/30/2016 Report (FSR) Financial Status Quarterly 06/01/2016 08/31/2016 09/30/2016 Report (FSR) Project Service Quarterly 09/01/2016 11/30/2016 12/31/2016 Delivery Plan Project Service Quarterly 12/01/2016 02/28/2017 03/31/2017 Delivery Plan Project Service Quarterly 03/01/2017 05/31/2017 06/30/2017 Delivery Plan Project Service Quarterly 06/01/2017 08/31/2017 09/30/2017 Delivery Plan Financial Status Quarterly 09/01/2016 11/30/2016 12/31/2016 Report (FSR) Financial Status Quarterly 12/01/2016 02/28/2017 03/31/2017 Report (FSR) Financial Status Quarterly 03/01/2017 05/31/2017 06/30/2017 Report (FSR) Financial Status Quarterly 06/01/2017 08/31/2017 10/15/2017 Report (FSR) Submission Instructions: Contractor shall submit Project Service Delivery Plan (Exhibit A) report on a quarterly basis, as noted on the Exhibit A, to the contract manager by the end of the month following the end of each quarter. Submit to: LocalPHTeam@dshs.state.tx.us ; Fax #: 512/776-7391 Contractor shall submit quarterly FSRs to Fiscal -Claims Processing Unit by the last business day of the month following the end of each quarter. Contractor shall submit the final FSR no later than 45 calendar days following the end of the applicable term. Submit to: invoices@dshs.state.tx.us ; Fax #: 512/776-7442. Page 7 of 12 16. Special Provisions General Provision, ARTICLE XIV, General Terms, Section 14.12, Amendment is revised to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. General Provisions, ARTICLE II COMPLIANCE AND REPORTING, Section 2.05 Reporting, are revised to include the following paragraph: CONTRACTOR shall submit quarterly and final performance reports that describe progress toward achieving the objectives contained in approved Contractor's Service Delivery Plan and any written revisions. Contractor shall submit the performance reports by the end of the month following the end of each quarter, in a format to be provided by DSHS. Failure to submit a required report of additional requested information by the due date specified in the Program Attachment (s) or upon request constitutes breach of contract, may result in delay payment, and may adversely affect evaluation of Contractor's future contracting opportunities with the department. Programmatic Reporting Submission Requirements: Reports and Report signature page should be sent electronically to: LocaIPHTeam@dshs.state.tx.us, or the signature page can sent by facsimile to 512-776-7391. A copy of the report should be sent to the respective DSHS Health Service Region, Attention: Deputy Regional Director. See Programmatic Reporting Requirements section for required reports. General Provisions, ARTICLE XXI Program Operations, Section 21.06 Responsibilities and Restrictions Concerning Goveming Board, Officers and Employees, is not applicable to this program Attachment. General Provisions, ARTICLE XXII Program Equipment and Supplies, Section 22.01 Equipment, is revised to include the following: For the purpose of this Program Attachment, equipment is not approved as part of the base budget for RLSS/LPHS. The funds are for direct services. Although, at mid year of the contract term, if funds are identified as not being used, the funds may be used to purchase equipment in the 3rd quarter of the contract or program attachment term. Contractor must submit proposal to redirect funds with justification as to how the equipment helps achieve the goals, objectives, and deliverables outlined in Exhibit A (Project Service Delivery Plan). The proposal must be submitted to the contract manager assigned to the program attachment. Page 9 of 12 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-000023-00 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 FY16/17 Project Service Delivery Plan Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi Public Health District By: By: Signature of Authorized Official Signature of Authorized Official Date Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 78756-4204 City, State, Zip City, Stale, Zip Telephone Number Telephone Number E-mail Address E-mail Address Page 9 of 12 Budget Summary Organization Name: Corpus Christi Public Health District Program 1D: RLSS/LPHS Contract Number. 2016-000023-00 Budget Categories Budget Categories Personnel Fringe Benefits Travel Equipment Supplies Contractual Other Total Direct Costs AY Indirect Costs Totals DSHS Funds Requested $231,264.00 $78,630.00 $6,305.00 $0.00 $12,537.00 $0.00 $0.00 $328,736.00 $0.00 $328,736.00 Cash Match $0,00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 In Kind Match Contributions $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Category Total 5231,264.00 $78,630.00 $6,305.00 $0.00 $12,537.00 $0.00 $0.00 $328,736.00 $0.00 $328,736.00 Page 10 of 12 FY16117 Project Service Delivery Plan Organization Name: Corpus Christi Public Health District Contract Number. 2016-000023-00 Program ID: RLSS/LPHS Contract Term: 09/01/2015 - 08/31/2017 Program Name: RLSS/Local Public Health System -R Local Health Department: Corpus Christi-Nueces Co. Public Health District Contract Term: September 1, 2015 through August 31, 2017 Indicate in this plan how requested Local Public Health Services (LPHS) contract funds will be used to address a public health issue through essential public health services. The plan should include a brief description of the public health issue(s) or public health program to be addressed by LPHS funded staff, and measurable objective(s) and activities for addressing the issue. List only public health issues/programs, objectives and activities conducted and supported by LPHS funded staff. List at least one objective and subsequent required information for each public health issue or public health program that will be addressed with these contract funds. The plan must also describe a clear method for evaluating the services that will be provided, including identification of a specific evaluation standard, as well as recommendations or plans for improving essential public health services delivery based on the results of the evaluation. Complete the table below for each public health issue or public health program addressed by LPHS funded staff. (Make additional copies of the table as needed) Public Health Issue: Briefly describe the public health issue to be addressed. Number issues if more than one issue will be addressed. 1. Reduce risk of disease transmission within Nueces County. 2. Public health planning and policy development. Essential Public Health Service(s): List the EPHS(s) that will be provided or supported with LPHS Contract Funds #2 Diagnose and investigate community health problems and community health hazards. #5 Develop policies and plans that support individual and community efforts to improve health. Objective(s): List at least one measurable objective to be achieved with resources funded through this contract Number all objectives to match issue being addressed. Ex: 1.1, 1.2, 2.1, 2.2, etc.) 1. Perform appropriate public health investigation, disease detection, prevention, intervention, and documentation for reportable diseases identified within Nueces County. 2. Ensure that policies and protocols for disease control are complete and current. Performance Measure: List the performance measure that will be used to determine if the objective has been met. List a performance measure for each objective listed above. 1. All reportable disease identified in Nueces County will be investigated, will receive appropriate public health intervention, and will be accurately recorded in the Health District database. 2. All policies and protocols related to disease prevention, surveillance, investigation, reporting, and outbreak response will be current, complete, and in compliance with DSHS and CDC standards. Activities List the activities conducted to meet the proposed objectives. Use numbering system to designate match between issuestprograms and objectives. 1.1 Diagnose and investigate cases of communicable diseases within Nueces County. 1.2 Provide immunizations for vaccine preventable diseases. 1.3 Provide outreach and education related to risks for disease transmission. Page 11 of 12 1.4 Provide appropriate laboratory testing and laboratory services to diagnose and identify diseases. 1.4.1 Water microbiology testing will be offered to the public to ensure drinking water safety. 1.4.2 Environmental samples will be tested to assure safety or as indicated due to disease outbreak. 1 Review and update policies and protocols for communicable diseases at least yearly. 2.2 Develop protocols or newly identified diseases and health risks in a timely manner. 2.3 Fully inform staff of protocol additions, changes and updates. Evaluation and Improvement Plan List the standard and describe how it is used to evaluate the activities conducted. This can be a local, state or federal guideline. 1.1 DSHS policies and guidelines related to communicable disease investigation and reporting will be followed. 1.2 Number of vaccinations given. 1.3 Number of outreach activities or clinics focused on public health education and/or immunizations. 1.4 Number of STD tests performed. Number of drinking water tested for potability. Environmental samples tested as indicated. 1.4.1 Total number of drinking water specimens 1.4.2 Number of environmental samples tested 2.1 Policies reviewed annually to insure that they comply with current DSHS and CDC recommendations. 2.2 Policies will comply with DSHS and CDC recommendations. 2.3 Ali communicable disease staff will be provided with information and training concerning any addition, deletion, or change to any communicable disease protocol or policy. Deliverable Describe the tangible evidence that the activity was completed. 1.1 Database of reportable communicable diseases will be maintained and updated continuously. 1.2 Monthly totals of immunizations provided will be calculated and maintained. 1.3 Records of community events will be maintained, with date, topic(s), and numbers of participants recorded. Counseling will be completely documented in 100% of communicable disease client records. 1.4 100% of communicable disease documented will indicate appropriate lab testing was performed. 1.41 Monthly numbers of specimens tested will be recorded. 1.4.2 Monthly numbers of specimens tested will be recorded. 2.1 Evidenced by signed protocol manuals. 2.2 New policies will be generated within 15 days of identification of new diseases or health risks within the community, as evidenced by signed SOP. 2.3 Documentation of all staff training will be maintained. Page 12 of 12 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 any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewnl, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) if an} funds other than federal nppropriated 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 °Nicer or employee of congress. or an employee of a member of congress in connection with this Standard Form -11, "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 ducumcnts for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, la..tns 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 C2DIcp— cpa6423 ,.Qv 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 Iaw. 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. Iaw. 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: CO /7,41.r eA,-.r4'- ee cc es- Ccm" 7)e. r G -11)/ea l4 ,rd,, c (Ci 90 CQ�pu1 Cr4. Primary Address of Contractor: 7 U .2 '!� D//? e a a.d C o e r Ch r' r; 7 ZIP Code: 9 -digits Required www.usps.com T FFATA Contact # 1 Name, Email and Phone Number: I( / VA:.'', /21. 1'A le? 4"/WaA-114.2BCcZ exar,Cep.- 24/ • ep.- 2 /• cF.?e - /2VF FFATA Contact #2 Name, Email and Phone Number: e Xacir uez a/7'7 e to r CC Z exa.r. cm -04 .361- �,2(- 7,26S DUNS Number: 9 -digits Required www.sam.gov ;7S +'/ / ?O.z 1 raffia State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits / 7 0 0 7 1 Printed Name of Authorized Representative /7aryi c o.rc Signature of Authorized Representative Title of Authorized Representative L9 e, ceZ5 Ct LeyG1 4f r, 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, l 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 gNo 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 ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Er!c Gant:400000; Todd Piatt:300000; Sally Tom:300000 Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 ARTICLE I 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 SECTIOY 2.11 SEcrioN 2.12 ARTICLE 111 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 SECTION 7.01 SECTION 7.02 SECTION 7.03 SECTION 7.04 SECTION 7.05 Fiscal Year 2016 Department of State Health Services Contract General Provisions CONTRACT COM PON ENTS»................»..».....».».».»........„..» ...4 CONTRACT.....»..........„»....»..».»....« ...„.„....„..„....»..»....4 ORDER OF PRECEDENCE ..«..... «.._...».«.«........ _._.»....».»..„...«.»._.«.»...»............ «....««..........................�) COMPLIANCE AND REPORTING ..„.«.....«.» COMPLIANCE_.._......»....„. .......„.„.„..».»...»....« ..... ».........«...»......»........_._».._.».»....».._......4 PRECEDENCE OF CONTRACT TERMS......»._.».......».......».».......»...»...........»..»........»_..».......... ».....«».4 EFFECTOF LECISL►T!S E CI ANCES»..._.».».».»._.„..........»....... .„.....».. ....»«.».....„.«...._..„......4 COMPLIANCE w Tru REOLIREIIE_\T5 OE SOLICITATION DOCUMENT ........_........».....» ....«_.....«... ». »..» .4 APPLICABLE CONTRACTS LAW AND VENUE FOR UISPUiES...»»..»... «...».»..»....„.... ... .„» 4 ST.tTVrts AND STAND IRDS OF GENERAL APPLICABILITY ...„....„.„..».».».......».».».».....».»»»....4 APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS ............»».......6 CIA1L RIGHTS POLIC► AND COMPLAINTS. ........_...........„„....„.„.»....».....»...»..»._....»....»»..»7 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROV.tLS._ „..,.„....»....„........ «. 7 FUNDING OBLIGATION ....».... .....„.».»....«,•. „..„.... 66•11•6141•••••• ........... inrir 7 WIIISTI.EBLOAVER ACI PnoTECrtlov....„....„„.........»...».......»....«.»............ ......„.»..»...» 7 SERVICES..».......»..»»...»._....„._.„.....».„.».„ • „.„ ». ».. EDUCATION TO PERSONS 1N RESIDENTIAL F,ACILlTIES.».„.„..»»»..«.« ........ ...._ „....»..„.„.. ...»..»»..7 DISASTERSER VI CES..........„...».................».„.............»..»....»....»...».»...»»........».»..„.»...«.....» ».«...8 CDNSENTTO M EDICAL C•\RE OF.t{411NOR.._.._..........„.»...„....»..»„....»....» ...........«....«. 8 TELEMEDICINE( ELEPSYCUUATRY MEDICAL SER% ICES „.........................».».._.._........,»..».».».».».». 8 SERA ICES AND INFORMATION FOR PERSONS 151711 LISIITED ENGLISH PROFICIENCI . ..»».»„......».»..» 9 FUNDING . ..9 DEBTTO STATE AND CORPORATE ST ATI5 ••••••••••••••••••• ....... „..........».....».»..».»» »».».».....»....,. „..9 APPLICATION OF PAYMENT ...... .... 6....6...._...6..».«..«...»9 PAYMENT METHODS AND RESTRICTIONS.«... ....... «....«.»...»....».».».._.» ... 9 PAA'MENT MET1IODS.»....»....„.».».._.........»......».......».......».».».» .„.„.„ .»_..».„.»..» 9 INS OICEIBILLvvc SUBMISSION ...»»..».._.»......».»......„..„»....„..«..»«».»«»..»..«.».......«....».......... »..9 FINAL INA OICEIBILLING SI RMISSIO'i ....».«.«..»»............._».....»..»....»..»..».....»..»..... »..»» 10 THIRDPARTY PAYORS .».»..... „.„.......».«..»....».».»....»....».«....».«.«.««........ «....»..».......»..»....»..... ».»......10 TERMS AND CONDITIONS OFPAYMENT . ».......„.....„.„........»._»..»..„.«.»....._«. 10 PROMPTPAYMENT ......«.».»....„.....».«..........».„.»....„.»..»...».»....»....... ».».«..».„......... .»....10 P.►A'IENT HI DEPARTSIENT ...........„...._.......„....»...„..„.„..««...„.„..«..«.....«.........«..».„..»..............10 WITIIIIOLDr4CPAYMENTS »». CONFIDENTIALITY .».«.....».....»»............. ....„...»...........»..„......11 DEPARTMENT ACCESS TO PHI AND OTHER CONFIDENTIAL INFORM.►TION .......»........_ ..»....... .... I ENCHANGEOFCLIENT-IDENTIFIINGINFORMATION ».«.».«....«.».«.».......».„............_ .....»..........»...»_11 SECURITIOF PATIENT OR CLIENT RECORDS »....»».».».».»«..„.».».»».».»..«..»..«»„..„....„.»..„....»..I 1 HIV/AIDS MODEL WORKPLACE GI General Provisions (September 1, 2015) - Applicable to Local Health Departments Only ARTICLE VIII SECTION 8.01 ARTICLE IX SECTION 9.01 ARTICLE X SECTION 10.01 SEc riot/ 10.02 SECTION 10.03 ARTICLE XI SECTION 11.01 SECTION 11.02 SECTION 11.03 SEc rioN 11.04 SECTION 11.05 SECTION 11.06 SECTION 11.07 SECTION 11.08 SECTION 11.09 ARTICLE XII SECr1ON 12.01 SECTION 12.02 SECTION 12.03 SECTION 12.04 SECTION 12.05 SECTION 12.06 ARTICLE XIII SECTION 13.01 SECTION 13.02 5ECrIoN 13.03 SECTION 13.04 SECTION 13.05 SECTION 13.06 SECTION 13.07 SECTION 13.08 SECTION 13.09 ARTICLE XIV SECr1ON 14.01 SECTION 14.02 SECTION 14.03 SECTION 14.04 SECTION 14.05 SECTION 14.06 SECTION 14.07 SECTION 14.08 SECTION 14.09 SECTION 14.10 PUBLIC INFORMATION ACT..«............................._.._................._...._......_........». ...._........ »«.12 TEXAS Pt BLIC INFORM tTIO%ACT . ..«......«....... _....._....._.12 RECORDS RETENTION._...._.._.«.«.»...._.._..__._._.«.»....«.«».».....................«..«.... ......12 RETENTION.«.«....«...»«.....O......«..._..... _...» _12 ACCESS, INSPECTION AND AUDIT OF RECORDS .» ........ ....«.«.»....»..»..... _______ ........... ....._...._t2 ACCESS AND INSPECTION . ........................»..» STATEALDITOR'sOFFICE .«..................«..........».......»............._................... ..._...._..............»............13 RESPONDING TO DEFICIENCIES ......».,«...«..«.».....«........... ».«.»»..».».»..».»........_.........._ ............._.I3 REPORTING REQUIREMENTS ..« .......«....».0.................».».».«.....».»..».«.....«.«...«.....».......».».13 CHILDADL SE REPORTING REQL I REM ENT.»....«....«.».....»...«.«...».............................._.._...,_. 13 SIGNIFICANT INCIDENTS ......_.....................»._.._...................... _.......«............. ...»«.»....... »1� LITIGATION.. ......_.._._...».................................... .. 14 CONTRACT OR LICENSE ACTION AGAINST THE CONTRACTOR ...«.........« ..........«....».«.» 14 PERFORMANCE M.►LFE 1SANCE «..».».».«.«.«. .«.««.««..».........«......». .....» ......14 CRIMIINALACTIVITY AND DISCIrL1NARYAcrioN «....«,.«.«........«.......«..«....«..... ....«.».....»».IS RETALIATIONPROIIIBITED «..».. «.»....».»......«»...,, ............. .. »_........15 DOCUMENTATION . _......._................._,......_._....«. .......IS ASSURANCES AND CERTIFICATIONS...«».»..«...«..«.».»....».»...»..»..»....«............_._._......._.....Olt. 15 CERTIFICATION..«....«..«.«.......«..».....«....................._...._...._ ._........... ..........»..._....... .»15 CIIILDSI PPORTDELrrQI EIICIES...._._...._._..........................».»..........«..... ... .««.».16 AUTHORIZATION ... ........ «.16 GIFTSAND BENEFITS PROHIBITED.....••••••••••••••••••••••••••••.•••••••••••••••••••••••• »«....««.«..«.«.............16 INELIGIBILITY TO RECW. ETIIE CONTRACT .......«.«.».....«...»....«.«..« ........._............_.. 16 ANTITRUST.be. ««......»......»......«».».«..«.«....».............«....«..«.«»........« ..... ...«....«._..17 GENERAL BUSINESS OPERATIONS OF CONTRACTOR ..... ..17 PROGRAMSITE .... ..........«.«.«.«. HISTORICALLY UNDER'. TIMED Bt SINESSES{HUBs) ...«....».»..»..»................ «.«.....»_........17 ButTEXAS_._..w.._....__._._._........_.».«._.»...._....»....._._...... _««..... «.«..«..».».«..«« «....17 STATLSOF SUBCONTRACTORS .»«....«.««..»«..»....».«.«._...._.._......_............._......_._.__._....._._._.....17 1NDErENDENTCONTRACTOR_....._ ._._ ....._.._ ........_._._.« ...».».«.«....«.........».«.«. 18 TAX LL►BILm ....«w18 NOTICE OF ORGANIZATIONAL CHANGE ...«.«.._...._..._...«._..._......................_........... _... ...........«18 NoENDORSEMENT........._.._.......W.»._._._._......._... ..... _..•_..«....«.«.«...»._.........»..........«._.«.......«.....««.18 E -VERIFY SYSTEM ...»...» .«.«.....»....«............«.«....»..........».»....»....»..».».«•.._._._._......18 GENERAL TERMS ASSIGNMENT ... 18 .....«....... «.»...........«..........»....«..... .....».«.»..».»....«....».»..«........»..........».»...............18 LOBBYING.................................«..........».«..««.«..«.«.«....«.«....«....«.«.«.« ....«....... »..«...19 CONFLICT OF INTEREST ...._.._.. _._.»._._._._._._._.......«............................ .«....«»..»...«. I9 TRANS.►CrIOVS BETWEEN RELATED PARTIES »....«.«._....................._......_..»._._........««».«. INTELLECTUALPROPERTA»._.«.«..«.«.«.«.«.«._.«._.».«..«....«.«.«.......«._.«.....«....... »...... « ...«..««..».«.20 OTHERINTANGIBLE PROPERTI .».«..«............««....»._........................_......_._...._ ..............»....21 SEVERABILITY AND AMBIGVITI ............. .... ................. »....».» ......«.».........«.». ....».««.....«..2 LEGALNOTICE«..«............_.....................»..«...._._.............» ............«.........».».» SUCCESSORS............... ............................._................._._......_...............................»_._..........»_ .2l SUR%IYAEuun OFTERNS..................._.........._..._........_._._._.._......_...................«....«.«««.2l General Provisions (September 1, 2015) Applicable to Local Health Departments Only SECTION 14.11 SECTION 14.12 SECTION 14.13 SECTION 14.14 SECTION 14.15 SECTION 14.16 SECTION 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SECTION 16.01 SECTION 16.02 SEcrioN 16.03 ARTICLE XVII SECTION 17.01 SECTION 17.02 SECTION 17.03 SECTION 17.04 SECTION 17.05 SECTION 17.06 ARTICLE XVIII SECTION 18.01 SECTION 18.02 SEcrioN 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SECTION 19.03 SECTION 19.04 SECTION 19.05 CUSTOMERSER1 ICE INFORMATION ««..».«.».».._.«._.._.«.».».._...».....«.».«_««_.».»....».»».....».......»..»«2I AME,ND'1EST •••••••••••••••••••••••••••••••••••••••••••••• ......... ••••••••••••••••••• ............. .......»..........._...._...._._._....... sem 21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEA PERSONNEL ...._............ 21 UNILATERAL ANI ENDMENT ...........»..».».»..... «....«.».»».».....«.«....».»....»..«..«.».».».».».»»«.«..«.........21 INTERIMEXTENSION AMENDMENT ...«............«.«...........«..«..« ...«...««....«...22 1 MUNt- YNOTWAIVEn _...._._...._.._......_...._..__._._..........._................._...._....»....................»_...22 HOLD HARMLESS AND 1NDES1NIF1CATION .._...._.«......._.._....._........_.._.............._.... _...._...»...........22 WAIVER.. .» ............».».«»»...»......«..........«..»...........»...».....22 ELECTRONIC AND INFORAIATION RESOURCES ACCESSIBILITY AND S£CURlTn STANDARDS . _ ....22 FORCE MAJEIIRE.._._...._._.».».....»«..... »..«.».»....»....... «....... MN. ...... ....»......... «...... ».................... «.....»..«24 COOPERATION AND CO1L11INIC.►TIO\ .........._ ».............»._ .»...»....._._ ».. _._......».».......,»....24 INSURANCE.....»......... ».......».....».».........«_........... »._.«...».»..».......... _ ...... ..................._._.....................24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE ............«..« ..... 25 ACTIONS CONSTITUTING BREACH OF CONTRACT ...«..«............ «..... ««..... «....»..«.»....... «......»......»..»».....25 GENERAL REMEDIES AND SANCTIONS.........».«...«......._....»......................«..»...... NOTICEOF REMEDIES OR SANCTIONS ...»....».«.»»..» ...»»..»..»...... ... ».».»..«»..».».».«.».».».».»..«.26 E,<1ERG ENc► ACTION .».»....»....»...»..».».....»..._.».».».«.».»._...»._..... _....«..«.«.«.».».....«....»....».».»..... 26 CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE ..»».«..«.« ......................».»....»...27 BREACH OF CONTRACT CL►Itl......... ...... NOTICE.».».».»..»..«.......»»..«....» .........».»....««..«»....».»..».....«.«........«..........»...»«...27 PERFORM INCE NOT SUSPENDED ........................._.._.................. ......_...... ................._....27 TERMINATION AND TEMPORARY SUSPENSION .........»............................_._._ ....._ .__......27 EXPIRATION OF CONTRACT OR PROGRAM ATTACHMENTS ........ ..... .......... ».27 EFFECT OFTERMINATION OR EXPIRATION ..27 TERMINATION OR TEMPORARY SUSPENSION %VIT11ol1T CAUSE »....... ............. ............»........ «.....27 IIIXIEDIATETERMIN.ATION ...»...........»................................».....»..........................._......._.. 28 TERMI.N.►TION FOR CAUSE ..»..« »...« .«.«.. «...»....».«......«...«.»..».».».»..».».«.«...................« 28 NOTICEOF TERMINATION ...».......« «..«.......».».».»..»..... ».....«.»...» .» ......»....«.» .»..»..»2$ VOID, SUSPENDED AND TERMINATED CONTRACTS 28 EFFECT OF VOID, SUSPENDED. OR 1NVOLUNT.►RILY TERMINATED CONTRACT ........_........ .............28 APPEALS RIGHTS FOR DSHS FUNDED BLOCK GRANTS ..«».....«...». CLOSEOUT. CESSATION OF SERVICES AT CLOSEOUT..«....«....».«..»..........«.»......».......«.».....« ...�.»..«.»._._.28 ADMINISTKATIVEOFFSET ».....».»»..».».»...».....».»....».».».....«....»..».».....» ......»....».......24 DEADLINE FOR CLOSEOUT ..».....»....«...........»«..«..........«.. ............ 29 PAI ME\T OF REFUNDS .»....«..«»..».... .».».».».».«.«.».».....»».».»..».»....«.....».».».».».».».»..««24 DISALLOWANCES AND ADJUSTMENTS .»« ....».. ...........».... 29 General Provisions (September 1, 2015) Applicable to Local Health Departments Only 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; 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 hs 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 I, 2015) - Applicable to Local Health Departments Only 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 (bx 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 -50I8, 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 Law113-4 (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; d. National Research Service Award Act of 1971, 42 USC §§ 289a -I et seq., and 6601 (P.L. 93-348 and 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; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; I. 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, 2015) Applicable to Local Health Departments Only 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. 2695 I 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 111 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 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (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 4.01; General Provisions (September 1, 2015) Applicable to Local Health Departments Only 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: I. 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 111ISCI ilRightsOlrcefhhhsc.statc.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 111 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, 2015) — Applicable to Local Health Departments Only 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. 1n -hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; I. 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, 2015) - Applicable to Local Health Departments Only 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 ofa 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 ofa 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, ifa 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 or 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 ofa specified unit of service) as stated in the Contract. Section 5.02 Invoice/Billing Submission. General Provisions (September 1, 2015) Applicable to Local Health Departments Only 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 Iegal 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; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department 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, 2015) Applicable to Local Health Departments Only 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 health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state 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, executed by the Parties, 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. Section 7.02 Department Access to P11! 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 to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall 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, 2015) 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 HIVAIDS (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: hum w%M..dshs.statc.tx.usf hivstd policy policics.slum . 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. lithe 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, 2015) 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 (010) 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 010, 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; 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, 201 S) 13 Contractor shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.Lx.us/childabusereportine 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, if any. 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, 201 S) 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:/tsao.fraud_statc.tx.us, and to the HHS Office of Inspector General at httn: www.oik.hhs.eovfraud'hotline/ 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 af, 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-1), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) 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 Gilts 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, 2015) 16 a. Pursuant to Texas Government Code § 2155.004 and federal law, Contractor k 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 13.0I 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.statc.h.us procurcmcnllproe/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed 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 156 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 or Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1, 2015) 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 I, 2015) 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 finds 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. lf, 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, 2015) 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 Flealth 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: i . 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, 2015) 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.I1 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 21 14 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, 2015) 11 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. DSHS/HHSC 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 (b)(I) 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. I An interim extension under Section (b)(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 THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 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 atter completion of the Agreement. General Provisions (September I, 2015) 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 Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative 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 I 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. 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. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 ii. If the Products will be in the custody of the state or a 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. 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 all 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 severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure 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, 2015) ?4 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 refunds 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 General 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, 2015) 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 I, 2015) 25 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 §§4.11-424 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 17.0I 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, 2015) 27 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. if Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition 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 or 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, 2015) 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 retum any funds due as a result of later refunds, corrections or other transactions. General Provisions (September 1, 2015) 29 ARTICLE XX ARTICLE XXI Section 21.01 Section 21.02 Section 21.03 Section 21.04 Section 21.05 Section 21.06 Section 21.07 2016 FEDERAL GRANT SUBREC[PIENT ADDITIONAL PROVISIONS DSHS GENERAL PROVISIONS ._,,.,31 PROGRAM OPERATIONS .............,..� ,,.._._,....,, Client Financial Eligibility. 31 31 Contracts with Subrecipient and Vendor Subcontractors.. ;,_.,,,,__,..,,,.,,.. m,„ 31 Incorporation of Terms in Subrecipient Subcontracts n.,., 31 Quality Management. . 44-44-,9.,......,..,.9.,,..,, 32 Contractor's Notification of Change to Certain Contract Provisions. ._.,..,,.,,,,......» 32 Responsibilities and Restrictions Concerning Governing Body. Officers and Employees. ,. 32 Direct Operation. ARTICLEXXII PROGRAM EQLIPMENTAND SUPPLIES _ Section 22.01 Section 22.02 Section 22.03 Section 22.04 Section 22.05 Equipment. EquipmentList......................M1,,,..,........,.., Supplies. 4-44-999-1 41-14.9 .,..33 .,.44-91,.»,.......»,,,,,,, ,,,,,,,,»»„»,,....,,..49 44-,.,,,,944911.494-4-4-4-4-.,. 33 Property Inventory and Protection of Assets. 4-1-49 Assets u Collateral Prohibited. .............. . .. ., ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS Section 23.01 Section 23.02 Section 23.03 Section 23.04 Section 23.05 Section 2.3.06 Section 23.07 Section 23.08 Section 23.09 Section 23.10 Use of Funds......... 1 IA . 33 33 34 34 444,.94 34 »........... . ... .. 34 34 Use for Match Prohibited.. 34 Program Income. __.......... 4...,..,.4.1-491. 35 Nonsupplaating.....,, .,..._ — ,. 35 Payment Methods .. ,...,....., . ,.,..,. 35 Financial Status Reports (FSRs). 35 Working Capital Advance. »_. 44-44- 4444 ». » ...„ 35 Condition Precedent to Requesting Payment. 36 Management and Control Systems. ......... ......... ....,.,.,,,., 36 Effect of Grant Close Out. 9-4 ...»» 4-4-4-4- _4-444-... 36 G i3 IDiAr RIAS 11E.S S AND AUDIT REQU IREMENTS . ,. ,. , ...,_ 4-»444,,.»4.4..9,.94. ,, 36 30 Section 14.01 Allowable Costs , , , ., „...— — 36 Section 24.02 Property Acquisitions , , . 37 Section 24.03 Cost Allocation Plan. . ,,, . . ........... ,,, . ,, .. ......... . 38 Section 11.04 OvertinteCompenintion. , _ „. _ 38 Section 24.05 Independent Single or Progrom-Specific Audit. . --. r. +-I, • Fe 4, 38 Section 24.06 Submission of Audit 39 ARTICLE XXV INSURANCE AND BONDS 39 Section 25.01 Insurance. .—...... 444•4 1-9,-1 .1.4 i-1 1-99 , , 39 Section 25.02 Fidelity Bond 1 414 .141 44-1-14 • .69-I—.-94 .1...9i. -.1. F 40 Section 25.03 Liability Co% erne 40 ARTICLE XXVI TERMINATION. BANKRUPTC1 AND CLOSEOUT — —,-- . Section 26.01 Final BudgeL i 4 . I 9 40 Section 26.02 Bankruptcy. 4 r 9 9 9 p y y- 40 Section 26.03 Title to Property. .11 Section 26.04 Disposition of Property . 41 Section 26.05 Closeout of Equipment 4-41-,44-11-1-9 1 -Y -Y-1-1,9114 I FY . Y4 4.4444-1.1-1-1-94.6 14 4411.....91-14; 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS 41 General Provisions (September 1, 2015) 31 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 statures, 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: I. 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 10 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 Subrecipient 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 Xll of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September I, 2015) 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 Sections 14.03 and 14.04, or any of the certifications stated in Article X11 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 Tess 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, 2015) 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 deny 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 n 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: I. 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 8. 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 must be 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, 2015) 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 22.04. 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 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 191' of each year. The report is located on the DSHS website at: littn://www.dslis.state.tx.us 'con frac tslforms.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, 2015) 34 Section 23.03 Program Income. a. Gross income directly generated from Department funds through a project or activity performed under a Contract andor 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 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 Nonsuppinnting. 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, Wallowed 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, 2015) 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. DSI -IS 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, 2015) 36 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 dale(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obl igations. Applicable Cost principles, Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-IO2, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A -I33 OMB Circular A-110 (2 CFR, Pail 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A -I22 (2 CFR, Part 230) OMB Circular A -I33 and UGMS UGMS; OM13 Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at httn:f`w•ww.dshs.state.tx.usi contracts:`links.shtm OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 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, 2015) 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: coscan(Rdslis.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, 2015) 38 f. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. g• 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. COSContractAdmin istrat ion ri dslis.staie.tx.us Electronic submission to HHSC should be addressed as follows: Qucenalt.Tcamah a hhsc.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. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 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, 2015) 39 Section 25.02 Fidelity Bond. a. For the benefit of DSHS, Contractor is required to cavy 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 in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 40 Section 26.03 Tide 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 (AI -IA) "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 licensure 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.t.L.us:contracts'Iinks.shtm Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in 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 httn://mw.dshs.statc.tx.us/contracts/linl.s.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 4 AGENDA MEMORANDUM lst Reading of an Ordinance for the City Council Meeting of September 29, 2015 2"d Reading of an Ordinance for the City Council Meeting of October 13, 2015 DATE: September 3, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director of Development Services dang@cctexas.com 361-826-3595 First Reading Ordinance - Annexation of Seven Tracts in Industrial District No. 1 CAPTION: An ordinance annexing seven tracts of land located in Industrial District No. 1; Namely, Tract 1: owner being ABTEX, 1.09 acres northeast of the Veterans Cemetery; Tract 2: owner being Coastal State Petroleum, 0.96 acres northeast of Up River Road and Navigation Blvd.; Tract 3: owner being Coastal States Petroleum, 0.58 acres northeast of Up River Road and Navigation Blvd.; Tract 4: owner being Coastal Liquids Partners, 0.10 acres northeast of Up River Road and Navigation Blvd.; Tract 5: owner being Coastal Liquids Partners, 0.92 acres northeast of Up River Road and Navigation Blvd.; Tract 6: owner being Exxon Pipeline, 0.18 acres, south of the intersection of Buddy Lawrence and Oak Park Roads; and Tract 7: owner being Koch Gathering Sys Inc., 0.25 acres, south of the intersection of Buddy Lawrence and Oak Park Roads and next to Tract 6; providing for a Municipal Services Plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; designating area to be added to City Council District Number 1; providing for severance; and providing an effective date. PURPOSE: The purpose of this item is to annex seven tracts of land in Industrial District No. 1 and approve a Municipal Services Plan for the newly annexed areas. BACKGROUND AND FINDINGS: In accordance with Ordinance 029958, companies in the Industrial District have the option of entering into an Industrial District Agreement (IDA) for payment in lieu of taxes at a reduced rate, or being annexed. After extensive efforts to accommodate the five companies below, staff is recommending annexation of seven tracts, encompassing 4.08 acres of land, located in the Industrial District No. 1 as follows: • Coastal States Petroleum — indicated preference for annexation on two tracts. • Coastal Liquids Partners — disclaimed land ownership by all parties, no one to sign IDA on two tracts. • ABTEX — defunct company, no one to sign IDA. • Exxon Pipeline Co. — indicated preference for annexation. • Koch Gathering Sys Inc. — indicated preference for annexation In order to comply with the Local Government Code which allows the City to have an Industrial District, the City may annex properties that do not enter into an IDA. There are no known dwellings or residents on these seven tracts. In addition, these tracts do not currently have Nueces County Appraisal District agricultural, timber land or wildlife management property tax exemptions. Since there are no residents of the seven tracts, due to the small size of the properties to be annexed and due to the fact that the properties can be served by existing city services, the city proposes no capital improvements for the area at this time. However, as the properties develop the City will prioritize and incorporate public improvement needs for the tracts into the City's Capital Improvement Program. Upon annexation, police, fire, emergency services, and solid waste services (residential uses only) will be provided by the City. Due to the small size of the annexation areas, lack of dwellings and location near existing served areas, costs to service the areas will be absorbed into the existing departmental budgets. Upon annexation, development of the properties will be subject to all land development codes of the City, including but not limited to the City's Unified Development Code and building permit codes. Extension of water, wastewater and gas services shall be extended by any of the methods that the City normally uses to extend these services through the City's platting regulations or the City's Capital Improvement Program. ALTERNATIVES: To not annex some or all of the areas. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed annexation is consistent with the adopted Future Land Use Plan and the City's Industrial District Agreement (Ordinance 029958). EMERGENCY / NON -EMERGENCY: Non -emergency reading. DEPARTMENTAL CLEARANCES: Legal City Manager's Office 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 Comments: Due to the lack of residents and small size of the areas, costs to provide services will be absorbed into the City Budget. Similar to other parts of the City, as growth occurs, improvements will be placed in the City's Capital Budget as needed. RECOMMENDATION: Approval of the Ordinance and attached Municipal Services Plan LIST OF SUPPORTING DOCUMENTS: Annexation Schedule Proposed Ordinance and Municipal Services Plan Presentation ORDINANCE ANNEXING SEVEN TRACTS OF LAND LOCATED IN INDUSTRIAL DISTRICT NO. 1; NAMELY, TRACT 1: OWNER BEING ABTEX, 1.09 ACRES NORTHEAST OF THE VETERANS CEMETERY; TRACT 2: OWNER BEING COASTAL STATE PETROLEUM, 0.96 ACRES NORTHEAST OF UP RIVER ROAD AND NAVIGATION BLVD.;TRACT 3: OWNER BEING COASTAL STATES PETROLEUM, 0.58 ACRES NORTHEAST OF UP RIVER ROAD AND NAVIGATION BLVD.;TRACT 4: OWNER BEING COASTAL LIQUIDS PARTNERS, 0.10 ACRES NORTHEAST OF UP RIVER ROAD AND NAVIGATION BLVD.;TRACT 5: OWNER BEING COASTAL LIQUIDS PARTNERS, 0.92 ACRES NORTHEAST OF UP RIVER ROAD AND NAVIGATION BLVD.;TRACT 6: OWNER BEING EXXON PIPELINE, 0.18 ACRES, SOUTH OF THE INTERSECTION OF BUDDY LAWRENCE AND OAK PARK ROADS;AND TRACT 7: OWNER BEING KOCH GATHERING SYS INC., 0.25 ACRES, SOUTH OF THE INTERSECTION OF BUDDY LAWRENCE AND OAK PARK ROADS AND NEXT TO TRACT 6; PROVIDING FOR A MUNICIPAL SERVICES PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; DESIGNATING AREA TO BE ADDED TO CITY COUNCIL DISTRICT NUMBER 1; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex land, located in Industrial District No. 1, where the property owners have not executed an Industrial District Agreement with the City; WHEREAS, on August 25th and September 8th, 2015, public hearings were held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection, including on the City's website on August 24, 2015, and made available for public discussion at public hearings on August 25th and September 8, 2015; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi or properties in Industrial District No. 1 that have signed an Agreement and are considered as making the properties being annexed contiguous and adjacent under the law; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, this annexation will leave out property where the property owner has signed a Development Agreement with the City of Corpus Christi as per Local Government Code Chapter 43; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that annexing seven tracts of land in Industrial District No. 1, where the owners of the tracts of land have declined to enter into an Industrial District Agreement with the City of Corpus Christi, is in the public interest. SECTION 2. That the seven tracts of land consisting of 4.08 acres of land, more or less, out of Industrial District No. 1, and located between Nueces Bay and IH -37 and between Carbon Plant Road and Corpus Christi Bay, are annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The seven tracts of land are described by metes and bounds and a map for each tract are in the Municipal Services Plan attached to this ordinance. SECTION 3. That there is approved, as part of this annexation ordinance, a Municipal Service Plan. The Service Plan, attached to this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 5. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm and Rural District. SECTION 6. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 7. That the territory annexed to the city shall be added to City Council District No. 1; SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, .subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. This ordinance goes into effect at a.m,_, 2015. 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 day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Municipal Services Plan for Industrial District No. 1 Tracts Overall Existing Land Uses Vacant Residential Industrial Public Semi Public Rig ht -of -Way Total Acres 1.34 0 3.74 0 0 4.08 There are no dwelling units, residents, or streets in the annexation areas. Specific Information Tracts Tract 1 Tract 2 Tract 3 Tract 4 Tract 5 Tract 6 Tract 7 Owner ABTEX Brinkerhoff Oil Co Coastal States Petroleum Co Coastal States Petroleum Co Coastal Liquids Partners LP Coastal Liquids Partners LP Exxon Pipeline Co Koch Gathering Sys Inc NCAD Acreage Value 1.09 0.96 0.58 0.10 0.92 0.18 0.25 4.08 19,710 121,403 73,347 11,863 115,000 8,138 8,174 357,635 Percent 33% 0 67 0 0 100% Ag, Timber or Wild Life Exemption No No No No No No No Improvements Vacant Ind. Building Gas Tank Gas Tank Ind. Building Ind. Building Vacant ICL TRACT 1 1.09 ACRES INDUSTRIAL DISTRICT NO. 1 ICL TRACT 4 .10 ACRES OUTSIDE 8 cv LIMITS SEOWICK 00 5N 44 INSIDE CITY LIMITS (ICL) 8 0 TRACT 2 & 3 1.55 ACRES AGNES ST — JOE FULTON INTL TRADE OOP LEOPARD ST TRACT 6 .18 ACRES F� TRACT 5 .92 ACRES 141 37 TRACT 7 .25 ACRES Lewd -m,IORn 3.31.3113131Prt MUNICIPAL SERVICES PLAN FOR THE INDUSTRIAL DISTRICT NO. 1 TRACTS INTRODUCTION This Municipal Services Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of approximately 4.08 acres of land generally located in Industrial District No. 1, located between the south shores of Nueces Bay and IH -37 and Carbon Plant Road and Corpus Christi Bay. Exhibit A, attached to this Plan contains a metes and bounds description and a map of each of the t r a c t s . This plan will be attached to the ordinance annexing the Industrial District No. 1 Tracts. The proposed annexation of the Industrial District No. 1 Tracts will follow all of the requirements contained in the Texas Local Government Code Chapter 43 required for annexation, including but not limited to, requirements for public notice and public hearings. In addition, this proposed annexation satisfies Chapter 43, Section 43.052.h, that exempts an area or areas proposed for annexation from the requirement that an area to be annexed must first be included in the City's Annexation Plan for three years prior to adoption of an annexation ordinance. Section h. specifies that if an area contains Tess than 100 residential units on separate tracts, then the area to be annexed is "exempt" from the plan requirement. Based on a land use analysis and appraisal district records for the area there are no dwellings on any of the tracts proposed for annexation. Therefore, the tracts of land proposed for annexation are "exempt" from the annexation plan requirement. EFFECTIVE TERM This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. INTENT The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation areas than were in existence in the annexation areas at the time immediately preceding the annexation process. The service plan will provide the annexed areas with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the areas. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. SERVICE ELEMENTS 1. General Municipal Services. The subject properties are located within the City's extraterritorial jurisdiction and are more particularly described in the Ordinance to which this service plan is attached. Pursuant to this Plan, the following services shall be provided immediately from the effective date of the annexation: a. Police protection as follows: Routine patrols of areas, radio response to calls for police service and all other police services now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. b. Fire Protection Services as follows: Fire protection by the present personnel and equipment of the City fire fighting force with the limitations of water available at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. c. Emergency Medical Services as follows: Radio response for Emergency Medical Services with the present personnel and equipment at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. d. Solid waste collection services as follows: Solid waste collection and services as now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. e. Operation and Maintenance of Water and Wastewater Facilities Water and wastewater service will be provided in accordance with the Corpus Christi Code of Ordinances, Utility Department Policies and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. f. Operation and Maintenance of Roads and Streets, including Street Lighting No public streets are proposed for annexation, however the City will maintain public streets over which the City has jurisdiction at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. g. Street Department services include: • Emergency pavement repair; • Maintenance of public streets; and • Traffic Engineering. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including pavement roughness, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Street Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re -striped and remarked and signage replaced as needed. Immediately following annexation, all properties will be subject to the City's monthly street fee program. The street fee is a monthly fee which is collected from Corpus Christi residents and business owners and which appears on their monthly utility bills. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. At this time there are no public recreational facilities in the annexation area including parks, playgrounds, and swimming pools. h. Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service. At this time there are no such other publicly owned facilities. If the City acquires any facilities and buildings within the annexation area, a City department will provide maintenance services at the same level of service now being provided to other areas of the City with similar topography, land use and population density. i. Other Services. All other City Departments with jurisdiction in the area will provide services according to City policy and procedure. 2. CAPITAL IMPROVEMENTS PROGRAM The City will initiate the construction of capital improvements for providing municipal services for the annexation area as necessary. Each component of the Capital Improvement Program is subject to the City providing the related service directly. In the event that the related service is provided through a contract service provider, the capital improvement may not be constructed or acquired by the City but may be provided by the contract provider. The City may also lease buildings in lieu of construction of any necessary buildings. a. Police Protection. No capital improvements are necessary at this time to provide police services. b. Fire Protection. No capital improvements are necessary at this time to provide fire services. c. Emergency Medical Service. No capital improvements are necessary at this time to provide EMS services. d. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services. e. Water and Wastewater Facilities. The annexation area will be included with all other areas of the city in the City's Capital Improvements Program. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. f. Roads and Streets. No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. 9. Parks. Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. h. Street Lighting. No capital improvements are necessary at this time to provide services. Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. i. Other Publicly Owned Facilities, Building or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. j. Capital Improvements Planning. The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan. AMENDMENT: GOVERNING LAW This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. FORCE MAJEURE In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. EXHIBIT A METES AND BOUNDS INDUSTRIAL DISTRICT NO. 1 TRACTS Seven tracts of land encompassing approximately 4.08 acres out of Industrial District No. 1, generally located between the south shore of Nueces Bay and IH -37 and between Carbon Plant Road and Corpus Christi Bay and more particularly described as follows save and except a portion of the property described in Exhibit B and attached herein in accordance with City Council approved Development Agreements per Local Government Code 43.035: Tract 1: ABTEX Brinkerhoff Oil Co. Nueces County Appraisal District Tax Id.: 0266-0000-0105 Nueces County Appraisal District Legal Description: Assessors Map 137, 1.095 acres out of Tract 11 Metes and Bounds Description: Warranty Deed filed in the Nueces County Deed Records, Volume 1956 Page 913-914 A 1.095 acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572, in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, page 1029, Deed Records of Nueces County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a point on the Western boundary line of said 34.54 acre tract, from whence 3/4" iron pipe bears North 00° 14' 26" West, 211.31 feet; THENCE, South 46° 25' 30" East, 285.38 feet for the most easterly corner of such 1.095 acre tract; THENCE, South 38° 02' 56" West, 100.24 feet; THENCE, South 33° 56' 10" West, 100.25 feet; THENCE, South 39° 45' 45" West, 50.02 feet; THENCE, South 48° 27' 50" West, 71.95 feet to a point in the Western boundary line of said 34.54 acre tract for the Southern corner of this 1.095 acre tract; THENCE, North 00° 48' 52" West, a distance of 126.91 feet to a 1-1/2" iron pipe; THENCE, North 00° 14' 26" West, 318.09 feet to PLACE OF BEGINNING, and containing 1.095 acres of land; Together with that right of ingress and egress over and across that 34.54 acre adjoining tract of land out of Survey 421, Abstract 572, Nueces County, Texas, granted by Robert E. Jenkins as Grantor to T. M. Allen as Grantee in that certain Warranty Deed dated March 26, 1984, a copy of which is recorded in Volume 1912, pages 355-357, Deed Records, Nueces County, Texas, to which warranty Deed and the record thereof reference is here made for all purposes. Tracts 2 and 3: Coastal States Petroleum Co Nueces County Appraisal District Tax Id.: 3875-0000-0273 (Tracts 2 and 3 have the same NCAD Tax Id. Number) Nueces County Appraisal District Legal Description: Kaler Tract 1.558 Acs out of 20.99 tr Legal Description: 0.96 acres out of a 20.99 acre Kaler Tract Coastal States Petroleum — Tract 2 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 42,000 SQ. FT. (0.96 Acre) of land out of a 3.23 Acre Tract as recorded in Volume 1722, Page 552 of the Deed Records of Nueccs County, Texas. This 42,000 SQ. FT. tract being more particularly described by metes and bounds as follows: COMMENCING at the most Northerly Northwest corner of a 20.99 Acre tract as described by Warranty Deed dated April 12, 1966 and recorded in Volume 1198, Page 8 of the Deed Records ofNueces County, Texas; THENCE S06"22'33"E a distance of 384.00' to the northeast corner and Point of Beginning of this tract; THENCE S06°22'33"W through said 3.23 Acre Tract a distance of 140.00' to a westerly angle point therein, being the southeasterly corner of this tract; THENCE S83"37'29"W along a southerly boundary line of said 3.23 Acre Tract a distance of 300.00' to a Point, being the southwest corner of this tract; THENCE N06"22'33"W along a westerly boundary Zine of said 3.23 Acre Tract a distance of 140.00' to the most Westerly Northwest corner thereof, being the northwest corner of this tract; THENCE N83°37'29"E along a northerly boundary line of said 3.23 Acre Tract a distance of 300.00' to the POINT AND PLACE OF BEGINNING and containing 42,000 SQ. FT. of land. Bearings are based on the east boundary line of an 82.23 Acre Tract as described in Volume 1116, Page308 of the Deed Records of Nueces County, Texas. State of Texas County of Nueces I, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from instruments of record. This the 09r"' day of July, 2015 6L„„,,sA 4). oct Russell D. Ochs State of Texas License No. 5,241 Coastal States Petroleum — Tract 3 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 25,185 SQ. FT. (0.58 Acre) of land out of a 3.23 Acre Tract as recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas. This 25,185 SQ. FT. tract being more particularly described by metes and bounds as follows: COMMENCING at the most Northerly Northwest comer of a 20.99 Acre tract as described by Warranty Deed dated April 12, 1966 and recorded in Volume 1198, Page 8 of the Deed Records of Nueces County, Texas; THENCE S06°22'33"E a distance of 554.79' to the northwest corner and Point of Beginning of this tract; THENCE S85°05'33"E through said 3.23 Acre Tract a distance of 134.67' to a Point on the easterly boundary line thereof, being an angle point adds tract; THENCE S02°15'23"W along the easterly boundary line of said 3.23 Acre Tract a distance. of 20.20' to a Point, being an angle point of this tract; THENCE N89°54'03"E continuing along the boundary line of said 3.23 Acre Tract a distance of 106.85' to a Point, being the northeast comer of this tract; THENCE S00°00'21 "W continuing along a easterly boundary line of said 3.23 Acre Tract a distance of 97.24' to the southeast corner thereof, being the southeast corner of this tract; THENCE S89°44' i 0"W along the southerly boundary line of said 3.23 Acre Tract a distance of 165.04' to a Point, being an angle point of this tract; THENCE N67°38'49"W continuing along a southerly boundary line of said 3.23 Acre Tract a distance of 68.79' to a southwesterly corner thereof, being the southwest corner of this tract; THENCE N06°22'33"W along a westerly boundary line of said 3.23 Acre Tract a distance of 104.01' to the POINT AND PLACE OF BEGINNING and containing 25,185 SQ. FT. of land. Bearings are based on the east boundary line of an 82.23 Acre Tract as described in Volume 1 1 16, Page308 of the Deed Records of Nueces County, Texas. E, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from instruments of record. This the 09111day of July, 2015 Russell D. Ochs State of Texas License No. 5,241 C11 Md 'LUZ 1011 01 =All Ls M.&__ 4.1 k k £ I| } Tract 4: Coastal Liquids Partners LP Nueces County Appraisal District Tax Id.: 3875-0000-0276 Nueces County Appraisal District Legal Description: Kaler Tract 0.095 acres out of 20.99 ac tract Metes and Bounds Description: An excerpt from Nueces County Deed # 2007056308 Field note description for a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records, said 0.095 acre tract of land being more particularly described as follows: COMMENCING at a 518 inch iron rod found for the most southerly southwest corner of said 6.985 acre tract of land, and the most southerly southeast corner that certain 3.23 acre tract of land described in a Warranty Deed to Coastal States Gathering Company and recorded in Volume 1722, Page 552, Nueces County Deed Records; THENCE North 00800'21" East, along the common line of said 6.985 acre tract and said 3.23 acre tract of land, a distance of 97.24 feet to a 5/8 inch iron rod with cap stamped R.P. L.S. #3808 set at the most northerly southeast corner of said 3.23 acre tract of land, an interior corner of said 6.985 acre of land, the southeast corner and POINT OF BEGINNING for the herein described tract of land; THENCE South 89°54'03" West, a distance of 106.85 feet to an iron rod found the most westerly southwest corner of said 6.985 acre tract of land, an interior corner of said 3.23 acre tract of land and the southwest corner of the herein described tract of land; THENCE North 02°15'23" East, at 20.20 feet passing a set 518 inch iron rod with cap stamped R.P.L.S. #3808, in all a total distance of 39.11 feet to a 5/8 inch iron rod with cap stamped R.P.L.S. #3808 set for the northwest corner of the herein described tract of land; THENCE North 89°54'03" East, a distance of 105.31 feet to a 5/8 inch iron rod with cap stamped R.P.L.S. #3808 set for the northeast corner of the herein described tract of land; THENCE South 00°00'21" West, a distance of 39.08 feet to the POINT OF BEGINNING and containing 0.095 of an acre of land, more or less. Bearings are based on the East line of that certain 82.23 acre tract of land per Volume 1116, Page 308, Nueces County Deed Records, further described by Mustang Engineering, L.P., Plat No. 2191-9407, attached hereto and made a part hereof as Exhibit A-1. NUECES COUNTY, TEXAS RINCON DEL OSO GRANT Tract 4: Coastal Liquid Partners, .095 acres COASTAL STATES CRUDE GATHERING CO. 3.2.3 ACRES VOL. 1722, PG. 552 N.C.D.R. \----TTRACT 9 r71 0.96 AC. SEE DETAIL "C' COASTAL STATES PETROCHEMICAL CO. 6.02 AC. VOL. 1722, PG. 357 N.C.D.R. //2% 0.053 AC. SEE DETAIL "A" Jr/it dirj TRACT 4 0.34 AC. SEE DETAIL a TRACT 3 0.013 AC. SEE DETAIL "B" TRACT 6 0.06 AC. SEE DETAIL TRACT 7 "H" 0.006 AC. SEE DETAIL "E" VALERO ENERGY CORPORATION 6.985 AC, VOL. 2327 PC. 543 N.C.D.R. VALERO ENERGY CORPORATION 1,279 AC. VOL. 2327, PG. 543 N.C.D.R. EXISTING ACCESS RD. l EGNEID a = SET 5/8" IRON ROD HATH CAP STAMPED $ .3808 IRON ROD FOUND r,7772 - CONVEY TO VALERO BASIS OF BEARING: EAST LINE OF THAT CERTAIN 82.23 ACRE TRACT PER 1 OF VOL. 1116. PC. 308. NUECES COUNTY DEED RECORDS. OTRACT8 SEE DETAIL "F" x— $---- COASTAL STATES PETROCHEIAICAL CO. 3.46 ACRES VOL. 1722. PC. 557 N.C.p.R. RAC' 5 0.095 AC. SEE DETAIL G.•�G� 7 -13 -Of Wil Cosh Registered Frofessiorad Surveyor No. 3808 2 REV: 12 3 ®r DATE ADO OEfALS AD15 tASiMENTS & TRACT 4 Wrc PROJECT N0. 2191 46. wow saimart mourn* LP. MOWS COUltat �911A1w MAID paso Services ORIGIN STATION OATC:S/02 01E040 9Y:AAP DAIE1/82 SCALE: 1.410(r APP.: sue D'NiG. NO. /� 2191-9407 REV.. 2 Tract 5: Coastal Liquids Partners LP Nueces County Appraisal District Tax Id.: 3875-0000-0277 Nueces County Appraisal District Legal Description: Kaler Tract 0.92 acres out of 20.99 ac tract Metes and Bounds Description: An excerpt from Nueces County Deed #2007056299 Field note description fora 0.92 acre tract of land situated in Rincon Del Oso Grant, Nueces County, Texas, out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records, said 0.92 acre tract being more particularly described as follows: COMMENCING al a 5/8 inch iron rod found for the southeast comer of said 6.985 acre tract of land; THENCE North 89841'38" West, along the south line of said 6.985 acre tract of land, a distance of 361.79 feet to a 5/8 inch iron rod set for the POINT OF BEGINNING and the southeast corner of the herein described tract of land; THENCE North 89°41'38" West, continuing along said south line, a distance of 66.24 feet to a 5/8 inch iron rod found for an angle point; THENCE North 85°34'50" West, along said south line a distance of 34.76 feet to a 5/8 inch iron rod set for the southwest corner of the herein described tract of land, said iron rod bears South 85°34'50" East, a distance of 70.04 feet from the southwest corner of said 6.985 acre tract of land; THENCE North 12°26'56" East, a distance of 103.25 feet to a 5/8 inch iron rod set; THENCE North 00°27'11" East, a distance of 51.45 feet to a 5/8 inch iron rod set; THENCE North 10°34'51" East, a distance of 66.01 feet to a 5/8 inch iron rod set; THENCE North 14°21'20" West, a distance of 122.61 feet to a 5/8 inch iron rod set; THENCE North 03°07'11" West, a distance of 117.73 feet to a steel fence post found in the most westerly north line of said 6.985 acre tract of land for the northwest corner of the herein described tract of land, said post bears North 87°46'05" East, a distance of 16.78 feet from a northwest corner of said 6.985 acre tract of land; THENCE North 87°46'05" East, along said north line, a distance of 105.45 feet to a 5/8 inch iron rod set for the northeast comer of the herein described tract of land, said iron rod bears South 87°46'05" West, a distance of 75.31 feet from a steel fence post found for an interior corner of said 6.985 acre tract of land; THENCE South 009 18' 17" West, a distance of 460.64 feet to the POINT OF BEGINNING and containing 0.92 of an acre of land, more or less. Bearings are based on the South line of that certain 6.985 acre tract of land per Volume 2327, Page 543, Nueces County Deed Records, further described by Mustang Engineering, L.P., Plat No. 2191-9407, attached hereto and made a part hereof as Exhibit A-1. Tract 5: Coastal Liquid Partners, .92 Acres EXHIBIT A-1 NUECES COUNTY, TEAS RINCON DEL QSO GRANT 2 COASTAL STA ,oS PETROC11EU CAL. CO. Volum 1722. Page 557 ACRES nk.C.D.R. 587'46'05"W 75.31' N•87'46'05"E 16.78 COASTAL STATES CRUDE GATHERING CO. 3.23 ACRES VOL. 1722, PG. 552 N.C.O.R. Mad 1.606 AC. TR ACT 44 0.3,4 AC. SEE DETAIL "J NI 4'21'20"W 122, 61' N10'34'51"E 66.01. N00-27'11'6 51.45' TRACT 5 N 2726'561 0.095 AC. 103.25' SEE DETAIL "C" 58514'50"E 70,04` N8746'05"E 105,45" 03'07'11"W 117.73' TRACT 10 0.92 AC. b U/G ES1AT 6 0.06 AC. SEE DETAIL 0 POINT OF U/G QMHC 6 POINT OF BEGINNING N8514'50"W N89'41'3/4"W 34.76 55.24 COASTAL STATES PETROCHEMICAL CO. 3.46 ACRES Volume 1722. Page 557 N.C.D.R_ N14"21'20"W 34.55' E - 86.05' VALERO ENERGY CORPORATION 6.985 ACRES VOL. 2327, PC. 543 N.C.D.R. POINT OF COMMENCEMENT TRACT 10 N89'41'38`W-361.79' 20.20" s0o-1 s"17"w aGlalia o SET 8" IRON R00 WITH CAP SjTANPE0 j 3805 ✓ ROM ROO FOUND • roup STEEL FENCE POST N8409'23 "W - 77 DETAIL "Q■ u/G ESMT 6 N.T.S. 30 33.34' N89 54'03"E - 105.31' 10215'23'E TRACT 5 39-11' 0.095 AC. 58954'03"W - 106.85' POINT OF BEGINNING DETAIL "C" POINT of TRACT 5 BEGINNING N.T S. BASIS or BEARING: SOON LINE OF THAI CERTAIN 6.985 ACRE TRACT PER VOL. 2327. PG. 543, Ni%ECES CO» TY DEED RECORDS. 4 POINT OF COMMENCEMENT S00'00'21"w 2 z OF 6 2 Alp DETAILS �9YrIC .403 EASEMENTS & TRACT 4 WJ A aso Field Services 06S01011011 CHIC PROJECT NO. 21 opworms sommaaL r I#7UN014 WAS ORIGIN STATION Tr Mew !x; vo DA1EijV2 F WC. NO. +3IEPI= IT A11P 0A1E_114/D2 1".100" APP 2191-9407 REV. 2 Tract 6: Exxon Pipeline Co Nueces County Appraisal District Tax Id.: 5933-0003-0078 Nueces County Appraisal District Legal Description: Oak Lawn 0.187 ac out of Lt 7B Bk 3 Metes and Bounds Description: An excerpt from Nueces County Deed #946716 Legal Description of Citgo/Southwestern Meter Station 0.432 -acre Fee Tract Out of Block 3, Lot 7-B Out of Webb 1,000 -acre Tract in the City of Corpus Christi, Nueces County, Texas SAVE AND EXCEPT FOLLORING TRACT: 0.187 Acre: (8,138.1 4 Sq. Ft) out of Lot 7-8, Block 3 of the Oak Lawn Subdivision u recorded in Volume 33, Page 43 • f the Map Records of Nueces County, Texas. Being more fully de . . by metes and bounds as follows: BEGINNING at a 5 : iron rod set on the Northwest Line of said Lot 7-8, Block 3 for the West corner of this tract . the Southeast R.O.W. Line of Oak. Park Avenue from which a 5/8 inch iron rod found for the W. st corner of said Lot 7-13, Block 3 bears S30' 12'00" W - 58.50 feet. THENCE: N 30" 1 5/8 inch iron rod fo THENCE: With a length of 25.90 feet Block 3. E -154.73 feet along the Southeast R.O.W. Lane of Oak Park Avenue to a d for a corner of this tract also being a corner of said Lot 7-8, Block 3. to the right, having a delta angle of 148` 22' 42", a radius of 10.00' and a 5/8 iron rod set for a sorter of this tract also being a corner of said Lot 7-8, THENCE: S 01° 39' t w E - 81.14 feet along the West R.O.W. line of Buddy Lawrence Drive and the East Linc of Lot 7-8, Block 3 to a 5B inch iron rod set for the East corner of this tract on the East Line of said La 7-B, Block 3. THENCE: S 33° 42' S" W - 91.23 feet to a 5/8 inch iron rod set for the South corner of this tract. ?HENCE: N 59° 48 00" W . 55.75 feet to the PLACE OF BEGINNING and containing 0.187 Acres (8.138.134 Sq. Ft.), E Tract 6: Exxon Pipeline Co., 0.18 Acres p Tract 7: Koch Gathering Sys Inc Nueces County Appraisal District Tax Id.: 5933-0003-0079 Nueces County Appraisal District Legal Description: Oak Lawn 0.25 ac out of Lt 7B Bk 3 Metes and Bounds Description: An excerpt from Nueces County Deed #946716 modified to exclude annexation Tract 6 as follows: A 0.25 acre tract of land, out of a 0.437 acre tract of land, more or less, and excluding 0.187 acres in Nueces County Deed Records # 946716, being a portion of the DeRyee 50 acre tract out of the Webb 1000 acre tract in the City of Corpus Christi, Nueces County, Texas, conveyed to Johanna Kosar Foundation, Inc., by Paul Snyder and Frances Kosar Snyder by deed recorded in Volume 987, at Page 342, Deed Records, Nueces County, Texas, which property is more fully delineated on Plat of Survey of Everett Hooper, Registered Public Surveyor, dated November, 13, 1967, and recorded in Map Volume 33, at Page 63, in the Deed Records of Nueces County, Texas and described by metes and bounds as follows, to - wit: BEGINNING at an iron pipe set against the fence comer post, the West comer of a 19.07 acre tract, for the West comer of this survey, and said point being on the East line of Oak Park Avenue, formerly Texas Avenue; THENCE North 31 degrees 36' 45" East along the East line of said Oak Park Avenue a distance of 247.28 feet to a point where the East Line of said Oak Park Avenue intersects the West line of Lawrence Drive; THENCE in a southerly direction with the West line of said Lawrence Drive a distance of 291.3 feet; THENCE North 58 Degrees 53' 15" West to the PLACE OF BEGINNING and containing 0.25 acres land, more or less, and being a portion of the same land conveyed by Johanna Kosar Foundation, Inc. to Humble Pipe Line Company, in Deed dated the 14th day of September, 1967, and recorded in Deed Volume 1234, at Page 484, in the Deed Records of Nueces County, Texas. Tract 7: Koch Gathering Sys Inc., 0.25 acres W �15 I �_ Exhibit B Property Owner Signed and City Council Adopted Development Agreements Per Local Government Code 43.035 Currently there are no signed development agreements and none of the properties proposed for annexation currently qualify for a development agreement. To qualify for a development agreement a property must be appraised by the Nueces County Appraisal District as agricultural, timber land or wild life management exempt property. Annexation Schedule 7-14-2015 — Future Item on City Council Agenda - Completed 7-21-2015 — City Council Annexation Resolution - Completed 7-24-2015 — Letter to Property Owners - Completed 8-25-2015 — 1st City Council Public Hearing - Completed 9-08-2015 — 2nd City Council Public Hearing - Completed 9-23-2015 — Planning Com. Public Hearing on zoning - Completed 9-29-2015 — 1St Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 11-10-2015 — City Council Public Hearing and 1St Reading on zoning 11-17-2015 — City Council 2nd Reading on zoning Industrial District No. 1 Annexation (7 Tracts, 4.08 acres) Annexation Ordinance with an attached Municipal Services Plan For 1St and 2nd Readings City Council Meetings September 29, 2015 October 13, 2015 Aerial Overview TRACT 1 1.99 ACRES Iri Industrial District No. 1 7 Tracts, 4.08 acres INDUSTRIAL DISTRICT NO. 1 ICL 0 0 25 95 MaJ JOE FGLTON INT.' OWE COP d OUTSIDE] CITY LIMITS Alm Ip QngRO SF SEGwsK RD SH INSIDE CITY LIMITS (ICL) TRACT 4 .10 ACRES TRACT 5 TRACT 283 .92 ACRE 1.55 ACRES AGNES ST LEOPARD ST TRACT 6 .18 ACRES S J] TRACT 7 15 ACRES Legend m Anne.. 5 I . tI P9PLI C05,9955 N 2 Background • Industrial District Properties • Oct 2013 — Council Approved Industrial District Agreement. • Agreements needed signatures by Jan 2015. • After extensive communication and efforts to accommodate, seven tracts of land owned by five owners have not signed an Industrial District Agreement • Public hearing notices were sent to each property owner on July 24th Municipal Services Plan • Unilateral annexation by the City requires preparation of a Services Plan for the areas proposed for annexation • Due to the small size of the areas, close proximity to existing services and no residents, cost to serve the areas will be absorbed by the existing departmental budgets. • Immediately after annexation, the proposed Municipal Services Plan provides for: • Emergency Services, including Police Protection, Fire Protection and Ambulance Service • Solid Waste services for any residential uses in the annexation area (there are no known residences) Municipal Services Plan continued • Utility services will be provided through the City's normal platting process. • No capital improvements are proposed in the Municipal Service Plan. • Utility projects for each annexation area, if needed, will be incorporated into the City's Capital Improvement Plan and prioritized with all other city projects. Annexation Schedule 7-14-2015 — Future Item on City Council Agenda - completed 7-21-2015 — City Council Annexation Resolution - completed 7-24-2015 — Letter to Property Owners - completed 8- 25-2015 — 1st City Council Public Hearing - completed 9-08-2015 — 2nd City Council Public Hearing- completed 9-23-2015 — Planning Commission Public Hearing on Zoning - completed 9-29-2015 — 1st Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 11-10-2015 — City Council Public Hearing and 1st Reading on zoning 11-17-2015 — City Council 2nd Reading on zoning Questions? Location Maps Aerial —Industrial District Tracts Tract 1: ABTEX, 1.09 acres northeast of the Veterans Cemetery Company Defunct, Taxes Delinquent Tract 2: Coastal State Petroleum, 0.96 acres northeast of Up River Road and Navigation Blvd. Prefers Annexation N Aerial —Industrial District Tracts Tract 3: Coastal States Petroleum, 0.58 acres acres northeast of Up River Road and Navigation Blvd. Prefers Annexation Tract 4: Coastal Liquids Partners, 0.10 acres northeast of Up River Road and Navigation Blvd. No Claim of Ownership N Aerial —Industrial District Tracts Tract 5: Coastal Liquids Partners, 0.92 acres northeast of Up River Road and Navigation Blvd. No Claim of Ownership Tract 6: Exxon Pipeline, 0.18 acres, south of the intersection of Buddy Lawrence and Oak Park Roads Prefers Annexation N Aerial —Industrial District Tracts Tract 7: Koch Gathering Sys Inc., 0.25 acres, south of the intersection of Buddy Lawrence and Oak Park Roads and next to Tract 6 Prefers Annexation N AGENDA MEMORANDUM First Reading for the City Council Meeting of September 29, 2015 Second Reading for the City Council Meeting of October 13, 2015 DATE: September 16, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Exemption from the Wastewater Acreage/Lot Fees for CAH -DHL Commercial Tracts, Block 1, Lot 1 located east of IH -69 within the Allison Service Area (Wastewater Collection System Master Plan). CAPTION: Ordinance exempting the CAH -DHL commercial tract, Block 1, Lot 1 subdivision located east of Interstate Highway 69 and South of Interstate Highway 37, from the payment of the wastewater lot/acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the Owner/Developer to comply with the specified conditions. PURPOSE: Exempt the developer of CAH -DHL Commercial Tracts, Block 1, Lot 1 from paying $9,253.19 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: The developer, CAH -DHL Properties, LLC, Mr. Charles A Hicks - Manager, is requesting the City to waive the Sanitary Sewer (Wastewater) Lot and Acreage Fees for CAH -DHL Commercial Tracts, Block 1, Lot 1 by providing an exemption for this area. The subject property is located east of Interstate Highway 69 and south of Interstate Highway 37, in the northwest portion of the City. Currently, this section of the Allison Service Area does not have any wastewater services available. The Wastewater Collection System Master Plan for the Allison Service Area requires a lift station, its associated force main and several trunk mains to serve the subject property. It is Staff's opinion that wastewater facilities will not be available within the next 15 years unless these improvements are included in a bond project. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine (C \USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@F8055850\@BCL@F8055850.DOC) whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: Require the developer to pay the applicable wastewater lot and acreage fees in the amount of $9,253.19 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5'/2 percent interest per annum from the date of filing of the final plat. Exempt the developer from payment of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. Conditions in the agreement are that when public wastewater services become available, the property owners would connect to the wastewater line and pay the applicable pro -rata fee, tap fee and surcharge fee. If public water services become available within the next 15 years, the property owners would also be required to pay the applicable wastewater lot and acreage fees. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On September 9, 2015, the Planning Commission recommended City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 111: 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 (C \USERS\GRANIC-1 APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@F8055850\@BCL@F8055850 DOC) RECOMMENDATION: On September 9, 2015, the Planning Commission and Staff recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement (C \USERS\GRANIC-1 APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@F8055850\@BCL@F8055850.DOC) Page 1 of 2 ORDINANCE EXEMPTING THE CAH -DHL COMMERCIAL TRACT, BLOCK 1, LOT 1 SUBDIVISION LOCATED EAST OF INTERSTATE HIGHWAY 69 AND SOUTH OF INTERSTATE HIGHWAY 37, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, CAH -DHL Commercial Tract, Block 1, Lot 1 (Subdivision) is located east of Interstate Highway 69 and south of Interstate Highway 27 and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that CAH -DHL Commercial Tract, Block 1, Lot 1 (Subdivision), located east of Interstate Highway 69 and south of Interstate Highway 37, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Charles A. Hicks, Manager CAH -DHL Properties, LLC, 218 Lorraine Drive, Corpus Christi, Texas 78411 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for CAH -DHL Commercial Tract, Block 1, Lot 1, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement CAH -DHL Commercial Tract, Block 1, Lot 1 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement CAH -DHL Commercial Tract, Block 1, Lot 1 Page 3 T] EXECUTED original, this / day of EfrTt 422015. DEVELOPER/OWNER: 101---11 TIVik Charles A. Hicks Manager CAH -DHL Properties, LLC STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this I 0 , day of St 'T tT 1 GT1 , 2015, by Charl ,s A. Hicks. ;;;;;:;;;;;CiLTii10 commissionExpires 02-27-2017 4 www�w'Lw.y...rw�r+wwrww APPROVED: This day of Notary Public, State of Texas , 2015 By: Daniel M. Grimsbo, P.E., AICP Development Services Director APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement CAH -DHL Commercial Tract, Block 1, Lot 1 Page 4 1 I 1! 111 11 II 11 f I I hit FIT 1t • • • . .11101 ti' =f hmi 1•4.y4 EXHIBIT 1 CAH -®HL COMMERCIAL TRACTS SANITARY SEWER CONNECTION AGREEMENT LOCATION MAP N AGENDA MEMORANDUM Future item for the City Council Meeting of September 29, 2015 Action item for the City Council Meeting of October 13, 2015 DATE: September 11, 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 Daniel McGinn, Assistant Director, Environmental and Strategic Initiatives DanielMc@cctexas.com (361) 826-3245 Texas Commission on Environmental Quality Grant for Air Quality Planning CAPTION: Ordinance appropriating $405,243.32 in grant funds from the Texas Commission on Environmental Quality (TCEQ) in the Community Enrichment Fund No. 1071; increasing expenditures by $405,243.32 in the Community Enrichment Fund No. 1071; and authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $405,243.32 from the TCEQ for air quality planning activities. PURPOSE: The purpose of this agenda item is to obtain authority to accept and appropriate a grant for air quality planning services. BACKGROUND AND FINDINGS: Since the mid -1990's the City of Corpus Christi has received grant funds with no City match from the Texas Commission on Environmental Quality (TCEQ) to administer the grant and oversee activities associated with air quality planning, monitoring and modeling. The TCEQ has made an additional $405,243.32 available to the City. The City's Rider 7 Air Quality Planning grant provides for the city to sub -contract near non -attainment assessment and planning with Texas A&M University Corpus Christi and the University of North Texas. The grant agreement must be executed by the City and TCEQ in order to ensure the funds are obligated and to accept the additional funding. ALTERNATIVES: 1. Authorize the execution of the grant. 2. Do not authorize the execution of the grant. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Department Legal FINANCIAL IMPACT: Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $405,243.32 $0.00 $405,243.32 Encumbered / Expended Amount This Item Future Anticipated Expenditures This Project $0.00 $405,243.32 $405,243.32 BALANCE $405,243.32 $0.00 $0.00 Fund(s): Community Enrichment Fund No. 1071 Comments: Grant funds will be used before FY 2016-2017. RECOMMENDATION: City Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance TCEQ Grant Agreement Ordinance appropriating $405,243.32 in grant funds from the Texas Commission on Environmental Quality (TCEQ) in the Community Enrichment Fund No. 1071; increasing expenditures by $405,243.32 in the Community Enrichment Fund No. 1071; and authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $405,243.32 from the TCEQ for air quality planning activities BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Grant funds in the amount of $405,243.32 from the Texas Commission Environmental Quality are appropriated in the Community Enrichment Fund No. 1071 for air quality planning activities. SECTION 2. Expenditures in the amount of $405,243.32 are increased in the Community Enrichment Fund No. 1071. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary to accept a grant in the amount of $405,243.32 from the Texas Commission on Environmental Quality for air quality planning activities. 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 Nelda Martinez Mayor City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Texas Commission on Environmental Quality Cooperative Reimbursement Grant for State Agencies and Local Governments GRANT SIGNATURE PAGE Grant Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Grant Number: 582-16-60182 Performing Party: City of Corpus Christi Performing Party Identification Number: 17460005741 Maximum Authorized Reimbursement: $ 405,243.32 Effective Date: ® the latter of September 1, 2015 or the latest date of signature Expiration Date: ® December 31, 2017 ❑ Last day of Fiscal Year in which the Grant was signed ❑ If checked, this Grant requires matching funds. Match Requirement: ❑ If checked, this Grant is funded with federal funds. CFDA Number: Federal Grant Number: This Grant is entered under: ❑ Gov't Code ch. 771 ❑ Gov't Code ch. 791® Water Code § 5.124 The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, a state agency or local government of the State of Texas, enter this Grant (Contract) to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The parties agree as follows: (a) to be effective, the Grant must be signed by an authorized official of the TCEQ and the Performing Party; (b) this Grant consists of all documents specified in the list of Grant Documents following this page; (c) as authorized by TCEQ, Performing Party will conduct Grant Activities as part of its own authorized governmental functions; and (d) The Texas Uniform Grant Management Standards (UGMS) apply to this Grant and TCEQ will reimburse allowable Costs subject to UGMS and this Grant. The parties agree to follow any new version of UGMS that is issued, unless the parties agree otherwise in writing. Any citations included in this Grant, will be deemed to refer to the comparable provision in the newest version of UGMS. Texas Commission on City of Corpus Christi Environmental Quality (TCEQ) (Performing Party/Grantee) By: By: Authorized Signature Authorized Signature Steve Hagle, P.E. Ronald L. Olson Printed Name Printed Name Deputy Director City Manager Title Title Date Date Procurements & Contracts Representative Sylvia Ordeman, CTPM Printed Name with Certification Date Page 1 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 GRANT DOCUMENTS LIST Cooperative Reimbursement Grant for State Agencies and Local Governments This Grant between TCEQ and Performing Party consists of the Grant Documents listed on this page and marked by an "X." Documents on this list include all amendments. In the event of a conflict of terms, the Grant Documents, as amended, control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Grant provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules and regulations. All documents that are included in the list below, but are not attached to this Grant, are incorporated by reference. • Grant Signature Page • Grant Documents List (this page) • Scope of Work • Procedures for Proposals for Grant Activities (PGAs) • General Terms and Conditions • Proposals for Grant Activities (PGAs) (Including Work Plans and Notices to Commence) created during the Grant, includes Budget Revision Requests (BRR) approved by TCEQ and approved PELs • Cost Budget Form (In the event of a conflict of terms, a completed Cost Budget Form included in a PGA signed by TCEQ and the Performing Party controls over the blank form included in the Grant documents, as to that specific PGA.) • Personnel Eligibility List (PEL) Form • Notices, Project Representatives and Records Locations • Attachment A: Release of Claims Form (form and completed forms provided under the Grant) • Attachment B: Financial Status Report (FSR) (Form 269a/ TCEQ Form 20248) and Supplemental Financial Status Report forms (Supplemental Form 269a/TCEQ Form 20248-1 through 20248-4). FSR Forms may be updated by TCEQ during the Grant Period. (forms and completed forms provided under the Grant) • Attachment C: Budget Revision Request Form • Attachment D: Progress Report Template (template and completed reports provided under the Grant) • Attachment E: Other documents that are delivered or issued, in accordance with the Grant, after the effective date of the Grant Page 2 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 SCOPE OF WORK 1. Introduction. This Scope of Work is a general description of Performing Party air quality planning activities that may be agreed to in Proposals for Grant Activities (PGAs) under this Grant in accordance with Rider 7, Commission on Environmental Quality, Article VI of the General Appropriations Act of the 84th Legislature. TCEQ and the Performing Party will agree to activities by signing a PGA(s), which shall include the Performing Party's Work Plan (WP) for specific Grant Activities and a Notice to Commence (NTC). 2. Description of Activities 2.1. The Grant Activities funded with the Rider 7 funding may include identifying, inventorying, and monitoring of pollution levels; modeling pollution levels; and the identification, quantification, and implementation of appropriate pollution reduction controls. TCEQ shall allocate the Rider 7 funding to those activities that are most beneficial to the State Implementation Plan (SIP). The Performing Party shall expend Rider 7 funding solely on activities related to ozone and its precursors, which are primarily nitrogen oxides (NOX) and volatile organic compounds (VOCs). 2.2. The Grant Activities funded with Rider 7 funding may include community outreach activities designed to change behaviors to those that could reduce emissions of ozone precursors. 2.3. The Performing Party must obtain written approval from TCEQ prior to using these funds to model or prepare emissions inventories based in whole or part on existing control strategies with compliance and/or control effectiveness rates that differ from those currently used by TCEQ. This provision applies to all emissions inventory development and photochemical modeling of base case, baseline, and future modeling scenarios. 2.4. In order to maintain consistency with the SIP, the Performing Party and its sub -grantees and subcontractors shall use mobile source emissions factors and existing program assumptions used by TCEQ when working with mobile source emissions inventories (for any purpose) or existing mobile source control strategy programs. These assumptions include compliance and/or control effectiveness parameters. 3. Specifications and Standards for Performance 3.1. Timeliness: The Performing Party shall take all available measures to ensure that deliverables are submitted to TCEQ on or before their due dates. Failure by the Performing Party to meet deliverable due dates may result in the use of any or all remedies described in the Grant. 3.2. Completeness: The Performing Party shall ensure that all deliverables are complete with regard to the scope and purpose of their associated tasks. Failure by the Performing Party to deliver complete deliverables may result in the use of any or all remedies described in the Grant. 4. Conference Calls and Meetings. If determined by TCEQ or the Performing Party to be necessary, a conference call will be scheduled. TCEQ or the Performing Party will submit an agenda one week before the scheduled conference call. The Performing Party shall have any technical documents, budget documents, and any other related documents for use during the call, as necessary to address the agenda. 5. Deliverables. TCEQ's Grant Manager may grant an extension of a deliverable due date in a PGA without amending the PGA. The Performing Party must request an extension of a deliverable due date, via email, no later than 15 business days prior to the conclusion of the deliverable due date. The TCEQ Grant Manager will confirm acceptance or denial of the extension via email within 10 business days. Draft and Final deliverables may be submitted in electronic format by electronic mail, file transfer protocol (FTP), external hard drive, or on CD or DVD by mail. If the Performing Party sends the data on an external hard drive, TCEQ will return the external hard drive after the large electronic data files have been obtained. The Performing Party agrees to submit final deliverables within 10 business days of receiving comments from TCEQ. If provided by electronic mail, the PGA number, fiscal year, task number, and the Amendment number, if applicable, shall be included in the subject line of the email. Page 3 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 The deliverable report or document shall clearly identify on its cover page in the top right hand corner the PGA number and the specific task or subtask number for which it was created. Example follows: PGA 582-16-XXXXX-01 Task 1.1 6. Quality Assurance Program and Procedures. A Quality Assurance Project Plan (QAPP) addresses the quality assurance process the Performing Party will undertake to ensure the adherence of data or other products to established criteria. QAPPs will be supplied by the Performing Party as stated in the PGA. The QAPP shall address each task in the PGA in accordance with criteria, being neither arbitrary nor capricious, set by TCEQ. The QAPPs are approved via electronic mail from the Grant Manager to the Performing Party. The Performing Party is responsible for the QAPP and its implementation. 7. Reporting. Quarterly progress reports shall be submitted within 10 business days after the end of each State of Texas fiscal quarter, except that no quarterly progress report is due after the end of a partial quarter at the end of the Grant. 8. Additional Information. TCEQ representatives may attend the Performing Party's Air Quality Committee meetings or related meetings to provide technical guidance and/or to ensure compliance with the requirements of the Grant. Page 4 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 PROCEDURES FOR PROPOSALS FOR GRANT ACTIVITIES (PGAs) 1. Purpose. TCEQ intends to provide funds under this Grant to reimburse Performing Party for agreed Grant Activities. However, there is no guaranteed minimum level of funding for the Grant. All reimbursed Grant Activities must be agreed upon between TCEQ and Performing Party according to the procedures specified here. All Grant Activities must be within the Scope of Work described in this Grant. 2. Proposals for Grant Activities (PGAs). At any time during the Grant, TCEQ and the Performing Party may agree to Grant Activities to be performed by the Performing Party by signing a PGA, which includes a Work Plan and a Notice to Commence. The Performing Party shall obtain written approval from the TCEQ Grant Manager before preparing a draft PGA. The PGA shall be prepared on a template provided by TCEQ. TCEQ may also prepare draft PGAs. Each final and draft PGA shall include: • The Grant Number and title of this Grant; • The PGA Number and PGA title; • A maximum dollar amount for reimbursement of the Grant Activities described in the PGA; • Instructions to the Performing Party relating to the preparation of a QAPP; • Tasks and deliverables for the Grant Activities described in the PGA; • Start and end dates for the tasks and deliverables; • Schedule of deliverables for the Grant Activities described in the PGA; • Cost Budget: The PGA shall include a Cost Budget; • The names of TCEQ Project Representatives and the names of any other TCEQ staff contacts for the Grant Activities described in the PGA; • The names of the Performing Party's Project Representatives and other Performing Party contacts for the Grant Activities described in the PGA; • Personnel Eligibility List (PEL); • Signature: TCEQ and Performing Party shall have the PGA signed and dated by a person with the authority to bind TCEQ and Performing Party to the performance of the PGA; and • Notice to Commence: The latest signature date of the parties on the PGA will be the date that the Performing Party may commence performing the Grant Activities included in the PGA, unless a different date is indicated in the PGA. Except as specifically authorized otherwise in the PGA, TCEQ will not fund Grant Activities performed by Performing Party prior to the commencement date indicated in the PGA. The PGA may include a limited notice to commence authorizing reimbursable expenditures for only a portion of the PGA. The PGA may also include matters such as: • additional identifying numbers for the PGA; • format of copies; • interim or progress report requirements; • Performing Party availability for questions; • anything to be provided by TCEQ, such as data, models, reports, equipment, or access; • required models or software to be used by Performing Party; Page 5 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 • standards to be adhered to by Performing Party relating to data, Geographical Information Systems (GIS), modeling, database projects, or other matters; • testing procedures or acceptance criteria; and • special requirements for the Grant Activities in the PGA. 3. QAPP 3.1. Performing Party shall submit a QAPP (if applicable) by the date specified in the PGA. The QAPP must meet all requirements specified in the Grant and in the PGA. 3.2. If the Grant is funded with federal funds, the QAPP must also meet all requirements specified in the federal grant providing the funds. 4. Changes to PGAs 4.1. General Process 4.1.1. Amendment Schedule for PGAs. It is the responsibility of the Performing Party to request PGA amendments to change deliverables, extend deliverable dates, or make other adjustments. TCEQ may issue a proposed PGA amendment at any time during the term of a PGA. Performing Party requests for amendments to PGAs shall be submitted to TCEQ no more than quarterly. Performing Party may submit a request for amendment to a PGA quarterly starting on the last day of the first quarter, except that for the last quarter, a request for amendment must be submitted 6o days prior to the expiration of the Grant. Quarters are defined below. Performing Party's or TCEQ's request to amend a PGA must describe in detail all proposed changes to the PGA. 4.2. Quarters September 1— November 30, 2015 December 1, 2015 — February 29, 2016 March 1— May 31, 2016 June 1— August 31, 2016 September 1— November 30, 2016 December 1, 2016 — February 28, 2017 March 1— May 31, 2017 June 1— August 31, 2017 September 1— November 30, 2017 4.1.2. Within fourteen (14) calendar days of receipt of a proposed PGA amendment from the other party, the receiving party shall submit its changes to the PGA amendment or the signed PGA amendment to the other party's Representatives. TCEQ may specify a different deadline than the fourteen (14) day deadline when it provides the PGA amendment to the Performing Party. The receiving party must respond within seven (7) calendar days after receiving changes. The parties will work to reach an agreement on the amendment as expeditiously as possible and if in the opinion of either party, no agreement can be reached, that party may break off negotiations in writing. 4.1.3. Any PGA amendment shall be signed by both parties and shall include a revised complete or limited notice to commence with the Grant Activities in the amended PGA. Except as specifically authorized otherwise in the amended PGA, TCEQ will not fund Grant Activities affected by the amendment if they are performed by Performing Party prior to the effective date of the revised notice to commence. Budget Control. 4.2.1. Cumulative transfers equal to or less than ten percent (10%) of half of the Total Budget. Performing Party may transfer amounts between the approved direct cost budget categories so long as the cumulative transfers from direct cost budget categories do not exceed ten percent (10%) of half of the Total Budget amount. Total costs to be reimbursed must be at or less than the budget total specified. Performing Party must submit a signed Budget Revision Request (BRR), using the attached form, with the Page 6 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 invoice. Upon approval of the BRR by TCEQ, the BRR will be deemed to be a document added to the Grant under General Terms and Conditions Section 1.2. The lo% limit does not reset with the approval of each BRR. It resets when an amendment is signed by the parties reflecting changes to the budget. 4.2.2. Cumulative transfers greater than ten percent (io%) of half of the Total Budget. TCEQ must pre -approve in writing all budget revisions that result in the cumulative transfer from direct cost budget categories of an amount greater than ten percent (10%) of half of the Total Budget of this PGA. The Performing Party must request to amend the PGA. A PGA amendment is required before Performing Party incurs these costs. 4.2.3. Performing Party must obtain written TCEQ approval prior to transferring amounts to budget categories containing zero dollars 4.3. Required Changes to PGAs due to National Ambient Air Quality Standards (NAAQS) Designation. If one or more counties within the Performing Party's program area are designated by the U.S. Environmental Protection Agency (EPA) as being in violation of one or more NAAQS with an effective date occurring during the term of this Grant: 4.3.1. TCEQ may require the Performing Party to revise language for the PGA; 4.3.2. TCEQ may specify which photochemical or meteorological modeling or emissions inventory development tasks are allowable under this Grant; 4.3.3. TCEQ may specify delivery dates for photochemical or meteorological modeling or emissions inventory development tasks; and 4.3.4. The Performing Party will mark and treat all photochemical or meteorological modeling or emissions inventory development work product as "DRAFT/DELIBERATIVE" until TCEQ agrees that those work products are of sufficient quality to be final versions. Work products marked "DRAFT/DELIBERATIVE" shall be released to third parties only with the prior permission of the TCEQ Program Coordinator, or under the terms of the Texas Public Information Act, Government Code, Chapter 552. Documents marked "DRAFT/DELIBERATIVE" may be shared with agents, employees, and subcontractors of the Performing Party; those assisting the Performing Party or its subcontractors; and those assisting the Performing Party in collecting the information. 5. Cancellation of PGA. Either party may cancel a PGA or portion of a PGA with thirty (3o) calendar days' written notice. Cancellations may be for cause, for convenience, or for force majeure. Cancellation of a PGA by TCEQ must be authorized by a TCEQ signatory that has authority under the TCEQ Delegation Matrix of Authority for Contracts, Encumbrances and Procurement, or a subsequent replacement document, to sign PGAs for the amount of the PGA or if it is a partial cancelation, for the partial amount of the PGA. If a PGA is cancelled for convenience, whether in whole or in part, as to the cancelled portion of the PGA, Performing Party shall have all rights of notice, payment, or any other rights, that are specified for termination of the Grant for convenience. No cancellation shall prejudice any other right or remedy of TCEQ or the Performing Party in the event of breach. Upon cancellation, Performing Party may request reimbursement for: conforming Grant Activities; partially completed work which reasonably appears to be conforming; and timely, reasonable expenses directly attributable to cancellation, including reasonable termination settlement costs incurred by Performing Party because of its obligations to subcontractors or subgrantees. (Performing Party shall include appropriate termination for convenience clauses in its contracts and subgrants [see UGMS .36(i)(2)]). TCEQ may set off Grant damages, if any, prior to making payment. Performing Party shall not be paid for: activities not performed, loss of anticipated profits or revenue, consequential damages, or other economic loss arising out of or resulting from the cancellation. 6. TCEQ Reliance on Budget and Due Dates Included in PGA 6.1. Reliance on Budget. Performing Party acknowledges that TCEQ budgets for and encumbers funds only up to the not -to -exceed dollar amount contained in each PGA, and therefore, materially relies on the Performing Party adhering to the budget included in the PGA. Partially completed Grant Activities may be of little or no benefit to TCEQ. Therefore, in the event Page 7 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Performing Party is unable to complete Grant Activities within the cost amounts included in the PGA, Performing Party agrees to use its best efforts to complete such Grant Activities using alternative funding. 6.2. Reliance on Due Dates. Performing Party acknowledges that TCEQ may depend on the completion of funded Grant Activities in order to prepare work product of its own which may be subject to statutory or other deadlines. In addition, funding for Grant Activities may be limited to Grant Activities performed within a certain time period. Therefore, milestones and deliverable due dates specified within a PGA are of the essence of the Grant. Without prejudice to any other right or remedy TCEQ may have in the event of delay, Performing Party agrees that it will immediately inform TCEQ if and as soon as it appears that a deliverable due date or PGA completion date may be exceeded. 7. Personnel Eligibility List (PEL) 7.1. All individuals charged as direct costs under each PGA must be included on the PEL in the PGA. To make substitutions to individuals listed on the PEL or to add individuals to the PEL, the Performing Party must submit an updated PEL to the TCEQ Grant Manager. The Performing Party shall not use the individuals substituted or added to the PEL prior to receiving an electronic mail from the TCEQ Grant Manager stating that TCEQ has no objection to the updated PEL (see UGMS _.3o(d)), unless failure to immediately proceed with the substitution or addition will jeopardize the successful performance of the Grant Activities. If the Performing Party makes a substitution or addition because failure to immediately proceed with the substitution or addition will jeopardize the successful performance of the Grant Activities, the Performing Party must immediately notify TCEQ by providing the updated PEL. 7.2. Substitutes shall meet any minimum qualifications specified in the PGA for the Grant Activities and where reasonably possible, shall have qualifications comparable to or better than the qualifications of the individuals they are replacing. 7.3. Upon TCEQ sending the electronic mail stating that it has no objection to the updated PEL, the PEL will be deemed to be a document added to the PGA under General Terms and Conditions Section 1.2. Page 8 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 GENERAL TERMS AND CONDITIONS for Cooperative Reimbursement Grant for State Agencies and Local Governments 1. Grant Period Grant Period. The Grant begins on the Effective Date and ends on the Expiration Date as provided on the Grant Signature Page. If no Effective Date is provided, the Effective Date of the Grant is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Grant is signed. 1.2. Amendments. 1.2.1. This Grant is not subject to competitive selection requirements and may be amended and renewed by mutual agreement. Except as specifically allowed by the Grant, all changes to the Grant require a written amendment agreed to by both parties. Unless otherwise indicated in the applicable Grant amendment, an amendment that extends the Grant Period does not extend any other deadlines or due dates. 1.2.2. TCEQ Authority for Making Interpretations and Agreeing to Minor Changes. 1.2.2.1. The TCEQ Grant Manager and/or TCEQ Program Coordinator has the authority, without a formal Amendment, to make written Grant interpretations and agree in writing to minor, non -material changes to requirements in the Scope of Work or Proposal for Grant Activities, including: 1.2.2.1.1. Changes to the schedule in the PGA including an extension of a deliverable due date, not to exceed the expiration (completion) date of the PGA; and 1.2.2.1.2. Changes to the individual tasks in the PGA that do not substantially change the obligations of the Parties. 1.2.2.2. To be effective, the Grant changes agreed to by TCEQ must be in writing and must also be agreed to by an authorized Representative of the Performing Party. A copy of the agreed change must be retained in the appropriate file of both the Performing Party and TCEQ. 1.2.2.3. It is the responsibility of the Performing Party to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ 1.2.2.4. A formal Amendment to the Grant signed by authorized officials of both Parties is required for changes to the substantive obligations of the Performing Party and/or TCEQ, including the following: 1.2.2.4.1. Changes in the total amount of funds in the Grant or the PGA; 1.2.2.4.2. Changes to the Grant Expiration Date or PGA's expiration (completion date); 1.2.2.4.3. Changes to the Scope of Work or PGA that affect TCEQ obligations in this Grant or PGA and in agreements with the funding source, such as EPA, and obligations to another state or federal agency or the Texas Legislature; and 1.2.2.4.4. Changes that affect the material obligations of the Performing Party in this Contract. Page 9 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 calendar days. Unless otherwise indicated in the applicable Grant amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Grant Period. 2. Funds 2.1. Availability of Funds. This Grant and all claims, suits or obligations arising under or related to this Grant are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Grant or the respective claim, suit or obligation, as applicable. If the Texas General Appropriations Act (GAA) contains an apportionment requirement for the Rider 7 grant funding, TCEQ may unilaterally amend the dollar amount of the Grant or PGAs to conform to requirement in the GAA. Performing Party will ensure that this article is included in any subcontract it awards. 3. 2.2. Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Grant will not exceed the amount of the Maximum Authorized Reimbursement as shown on the Grant Signature Page. 2.3. Fiscal Year Restrictions. In order to be reimbursed under this Grant, costs must be incurred during the Grant Period and within the time limits applicable to the funds from which the Grant is being paid. TCEQ is under no obligation to offer deadline extensions which extend to the maximum availability of the Grant funding source. 2.4. Grants. If this Grant was entered under TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5. No Debt against the State. This Grant is contingent on the continuing appropriation of funds. This Grant shall not be construed to create debt against the State of Texas. 2.6. Use of Funds. The Performing Party shall maximize use of Air Quality Planning funds for technical purposes, such as data collection and analysis, field study activities, and research. The Performing Party shall minimize use of the funds for creation of supplementary outreach materials. Allowable Costs 3.1. Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized in the PGA Cost Budget. 3.2. UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The parties agree that all the requirements of the UGMS apply to this Grant, including the criteria for Allowable Costs. Additional federal requirements apply if this Grant is funded, in whole or in part, with federal funds. 3.3. Duplication of Effort Prohibited. In addition to the funds provided to the Performing Party under this Grant, TCEQ and other entities may provide funds to the Performing Party under separate agreements. Performing Party must monitor all activities to ensure that the grant funds complement one another and do not result in double payments for the same activity. 3.4. Specific Costs 3.4.1. Maximum Reimbursements for Cell Phones. TCEQ will not reimburse the Performing Party for expenses related to the use of a cell phone or digital pager, except for a maximum of $40.00 per month cell phone allowance for the Performing Party's named project representatives. TCEQ may reimburse the Performing Party for expenses related to the use of cell phones for the transmission of ambient monitoring data. Page 10 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 3.4.2. Travel. 3.4.2.1. In order to be reimbursable, all travel costs must be specifically authorized in advance of the travel, unless the travel is within 1Oo miles of the Performing Party's place of business and is not overnight or out-of-state. The Performing Party shall submit all travel requiring advance authorization to the TCEQ Grant Manager no later than 3o calendar days prior to travel. Travel costs will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. Travel by volunteers will not be reimbursed. The Performing Party must provide receipts for all actual costs. 3.4.2.2. Maximum Reimbursements for Travel. In addition to other provisions regarding travel, the following conditions apply: 3.4.2.2.1. If allowed by law, TCEQ encourages the Performing Party to participate in the Texas Comptroller of Public Account's State Travel Management Program (STMP) found at: http://www.window.state.tx.us/procurement/prog/stmp/. 3.4.2.2.2. 3.4.2.2.3. 3.4.2.2.4. 3.4.2.2.5. 3.4.2.2.6. The Performing Party must use the method of travel that will result in the lowest overall costs, including consideration of salary and wages for time spent traveling. The Performing Party must book travel reasonably in advance of the date of the travel in order to obtain the lowest possible price. TCEQ will not reimburse for travel claims that are not consistent with Textravel web located on the Texas Comptroller's website: https://fmx.cpa.state.tx.us/fmx/travel/textravel/index.php. For in-state travel, TCEQ will reimburse the Performing Party for the actual cost of lodging and meals at a daily rate not exceeding the current rate posted on the Texas Comptroller's website: https://fmx.cpa.state.tx.us/fm/travel/travelrates.php. Additional taxes and fees are eligible for reimbursement. For out-of-state travel, TCEQ will reimburse the Performing Party for the actual cost of lodging and meals at a daily rate not exceeding the current rates posted on the Texas Comptroller's website: https://fmx.cpa.state.tx.us/fm/travel/out_of state/index.php. Additional taxes and fees are eligible for reimbursement. For rental automobiles, TCEQ will reimburse the Performing Party at the actual daily rate no greater than the applicable STMP Contract rate. 3.4.2.2.7. For air fare, TCEQ will reimburse the Performing Party at actual cost up to the applicable STMP Contract rate. 3.4.2.2.8. Mileage for personal automobiles will be reimbursed at the rate for state employees. A mapping Web site shall be used to determine the mileage from the Performing Party's business location to the destination location. 4. Quarterly Progress Reports on the Attached Template. Quarterly progress reports shall be submitted within 10 business days after the end of each State of Texas fiscal quarter, except that no quarterly progress report is due after the end of a partial quarter at the end of the Grant. The quarterly progress report shall be supplied on the Progress Report Template that is attached. TCEQ reserves the Page 11 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 right to alter the reporting frequency of the progress reports as necessary to track the Performing Party's progress toward accomplishing the tasks of the PGA(s). The progress report shall document, in technical detail and by task, the accomplishments, expenditures, and milestones achieved during the reporting period. The Performing Party shall include an estimate of the percent of activities completed for each task or project. The report shall also document what problems were identified, if any, and the resolution. Reimbursement 5.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs for performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ. 5.2. Submittal of Reimbursement Requests 5.2.1. The Performing Party shall not submit reimbursement requests (invoices) any sooner than fifteen (15) calendar days following the submission to TCEQ of a deliverable in order to allow TCEQ staff a reasonable period to review the deliverable prior to receiving the reimbursement request. 5.2.2. The Performing Party shall submit costs incurred by itself and subcontractors for all Grant Activities performed within a given quarter in the Performing Party's quarterly reimbursement request. 5.2.3. The Performing Party must submit invoices within forty-five (45) calendar days of the end of each State of Texas fiscal quarter, except that the final invoice shall be submitted as specified below. Invoices shall be sent to: Invoice_AQD@tceq.texas.gov. Invoices shall be in PDF format and in U. S. dollars and cents. Each Proposal for Grant Activities must be invoiced separately. The Performing Party shall maintain records subject to the terms of this Grant, including UGMS. Records that must be maintained include, but are not limited to: timesheets; invoices from suppliers, contractors, and subrecipients; receipts; cancelled checks; and contracts, purchase orders, and subagreements. Except as otherwise requested in writing by TCEQ, not all records must be submitted with each invoice; Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursement requests. Appropriate documentation includes any records or documents specifically required by TCEQ at any time during the term of this Grant Agreement. TCEQ may perform desk reviews of the invoices after they are filed. TCEQ may pay an invoice prior to performing the desk review. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation. If TCEQ determines that the invoice contained unallowable costs or insufficient documentation, the Performing Party will refund the applicable amounts to TCEQ, after the Performing Party has had a reasonable amount of time to provide additional documentation. The reasonable amount of time shall not exceed 3o calendar days from the time that TCEQ informs the Performing Party that the invoice contained unallowable costs or insufficient documentation. In order for TCEQ to determine eligibility of costs, the Performing Party must submit the following to TCEQ as part of its complete and legible invoice: 5.2.3.1. Financial Status Report Form 269a and Supplemental Financial Status Report Forms 269a in paper copies and in an electronic database format, provided by TCEQ, that detail all costs of conducting the Grant Activities incurred during the invoicing period. The Performing Party must comply with the current TCEQ Financial Status Report processing procedures in effect at the time of submittal. TCEQ may change or add requirements for processing. For FSRs requesting reimbursement of costs (as opposed to documenting use of advance payment), fill in the spaces regarding Advanced Funds with N/A.; 5.2.3.2. Percentage of budget spent to date, and percentage of budget projected to be spent during the Grant; and 5.2.3.3. A copy of the quarterly progress report. Page 12 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 5.2.4. Within thirty (30) calendar days of the end of this Grant, the Performing Party must submit copies of all performance and technical reports, including the information listed below. Submission shall be in electronic format, on DVD or CD. Directory structure for the contents of the CD shall be by Task and Title: e.g., Task 1. Conceptual Model, Task 2. Ambient Monitoring, Task 3. Emissions Inventories, except that the information required in 5.2.4.1, 5.2.4.2, 5.2.4.3, 5.2.4.4, and 5.2.4.5 may be included in a folder on the DVD or CD labeled "Other". 5.2.4.1. PGA Summary Report summarizing the Performing Party's accomplishments with respect to the approved PGAs and containing an outline of PGA tasks and projects that identifies the title of all deliverables completed in the course of the Grant. The Performing Parry must use the Quarterly Progress Report Template for the PGA Summary Report; 5.2.4.2. Report of TCEQ-owned property in the possession of the Performing Party (if Performing Party possesses any TCEQ property); and 5.2.4.3• Invention disclosure (if applicable). 5.2.5. Within sixty (60) calendar days of the end of this Grant, the Performing Party must return advanced funds to TCEQ that have not been spent and must submit its final invoice that is complete and legible and includes all of the information set forth above for quarterly invoices and the information listed below, including copies of all of the quarterly progress reports. Submission shall be in electronic format, on DVD or CD. Directory structure for the contents of the CD shall be by Task and Title: e.g., Task 1. Conceptual Model, Task 2. Ambient Monitoring, Task 3. Emissions Inventories. The following also must be submitted with the final invoice: 5.2.5.1. Copies of all financial reports, required by this Grant; and 5.2.5.2. Final Reconciliation of Budget and Expenditures. 5.2.6. The following indicates the State of Texas fiscal quarters for invoicing: Quarters September 1— November 30, 2015 December 1, 2015 — February 29, 2016 March 1— May 31, 2016 June 1— August 31, 2016 September 1— November 30, 2016 December 1, 2016 — February 28, 2017 March 1— May 31, 2017 June 1— August 31, 2017 September 1— November 30, 2017 December 1— December 31, 2017 (partial quarter) 5.2.7. Within ninety (90) calendar days of receipt of the final invoice and information set forth above, TCEQ will make adjustments to the allowable and eligible costs based on the terms of the Grant Documents. TCEQ will make prompt reimbursement to the Performing Party for allowable reimbursable costs. Closeout of the Grant does not affect: 5.2.7.1. TCEQ's right to disallow costs and recover funds on the basis of a later audit or other review; 5.2.7.2. The Performing Party's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 5.2.7.3. Records retention; Page 13 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 5.2.7.4. Property management requirements; 5.2.7.5. Audit requirements; and 5.2.7.6. Any other continuing obligations under the Grant. 5.2.8. At any time during the Grant, upon request of TCEQ, the Performing Party will provide any additional documentation necessary to support the allow ability and eligibility of the costs. TCEQ may reject requests for reimbursement pending receipt of the requested documentation. 5.2.9. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Grant. The Performing Party must immediately refund to TCEQ any funds that are in excess of allowable costs, including for overpayment or activities undertaken that are not compliant with the Scope of Work. In no case may Performing Party take longer than thirty (30) calendar days to refund TCEQ. Any funds paid to a Performing Party in excess of the amount to which the Performing Party is finally determined to be entitled under the terms of the award constitute a debt to TCEQ. This does not limit or waive any other TCEQ remedy. 5.2.10. For each invoicing period in which the Performing Party has transferred amounts between budget categories, the Performing Party must follow the requirements regarding budget control in the Cost Budget. 5.3. No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. 5.4. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to TCEQ a release of all claims against TCEQ for payment under this Grant, using the applicable, attached form. 5.4.1. Release of Claims for Units of Local Governments. If the Performing Party is a "unit of local government" as defined in the Appropriations Act of the 84th Texas Legislature, Article IX, Sec. 4.04 Limitation on Grants to Units of Local Government, the Performing Party must certify in the Release of Claims that it has complied with all requirements in Sec. 4.04, using the applicable, attached form. 5.5. Advance Payments 5.5.1. TCEQ may provide funds in advance of the Performing Party incurring anticipated costs of Grant Activities. Each Proposal for Grant Activities (PGA) will indicate whether TCEQ will make an advance payment(s) and how much the advance payment(s) will be. Advance payments to Performing Party are solely to be used for reimbursement of Performing Party's allowable costs of performance under the PGA. If Performing Party requests reimbursement in addition to advance payments, TCEQ may proportionately adjust subsequent advance payments. 5.5.2. Performing Party must submit advance payment documentation quarterly, following the requirements for reimbursement requests (invoices) and any additional requirements for advance payments. All advance payment requests shall be in the form of a written invoice requesting advance payment and must be labeled as an invoice/request for advance payment. If a PGA is being funded with advance funds and by reimbursement, a request for reimbursement (invoice) must be submitted separately for the advance and reimbursement portions and the required documentation must be attached. The documentation must show the amount the Performing Party has drawn from the advance and the balance remaining in the advance. Advance Payments are conditioned on the approval of the invoice. If the invoice does not demonstrate Performing Party has complied with the Grant requirements, TCEQ may withhold approval or reject the invoice and withhold future advance payments. TCEQ may also withhold future advance payments due to delays in invoicing. Page 14 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 5.5.3. TCEQ may include additional requirements or restrictions on the advance payment in the PGA. 5.5.4. By paying advance payments TCEQ does not waive any requirements for the reimbursement of costs. TCEQ may at any time, before or after any advance payment, request additional documentation concerning costs. TCEQ may audit the records of the Performing Party and may also audit the Performing Party's performance as to any Grant Activity and any other Grant requirement. After an advance payment under a PGA is depleted, TCEQ may choose to amend the PGA to allow additional advance payment(s) to Performing Party. If no additional advance is authorized, all additional payments will be made on a reimbursement basis, as described in the Grant. 5.6. In addition to the other requirements specified in the Grant Documents, the standards for costs to be eligible for reimbursement include those contained in the following, to the extent applicable: 5.6.1. The Uniform Grant and Contract Management Act, Section 783.001 et seq., Texas Government Code; The Uniform Grant Management Standards, 34 Texas Administrative Code, Section 20.421 et seq. (UGMS) (including allowable costs standards and requirements for grantees); 5.6.2. Chapter 391, Local Government Code and related rules (pertaining to costs for entities defined as Regional Planning Commissions), if a sub -grantee or recipient of funds is an entity defined as a Regional Planning Commission, including a Council of Governments. (Under this Grant, other entities may also agree to abide by the cost requirements for Regional Planning Commissions.); 5.6.3. Texas Government Code Section 556.0055 (pertaining to lobbying); 5.6.4. 30 TAC Chapter 11 (pertaining to TCEQ contracts) and 3o TAC Chapter 14 (pertaining to grants); and 5.6.5. Other applicable federal and state statutes and rules. 6. Financial Records, Access and Audits 6.1. Audit of Funds. The Performing Party understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Grant is included in any subcontract it awards. 6.2. Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this Grant shall be retained for a period of three (3) years after the latter of the date of submission of the final reimbursement request or all litigation, claims, or audit findings involving the records have been resolved and final action taken, if any litigation, claim, or audit is started before the expiration of the 3 -year period. 6.3. By signing this grant, the Performing Party certifies that its financial management system meets all requirements included in the Texas Uniform Grant Management Standards (UGMS). 6.4. The Performing Party shall provide its single audit report (for a Regional Planning Commission, including a Council of Governments), or a Comprehensive Annual Financial Report (for a municipality) within 3o days of the report being finalized. The Performing Party must also include an executive summary with the report, if one was prepared for the report. Page 15 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 7. Indirect Cost Rate, Fringe Benefit Rate, and Central Service Costs. 7.1. Indirect Cost Rate. 7.1.1. Indirect cost rates shall be calculated in accordance with UGMS requirements for selecting and applying the method used to calculate the indirect cost rate. 7.1.2. Requirements Regarding Provisional Indirect Cost Rates. If Performing Party proposes to use a Provisional Rate, reimbursement is available only if the Performing Party calculates its indirect cost pool according to UGMS and has regular audits of its indirect cost rate performed. For budget certainty, TCEQ requires and the Performing Party agrees that the Performing Party will fund, out of the Performing Party's own funds, any upward adjustment when its final rate is determined. If Performing Party's final rate results in a downward adjustment, where permitted by law, TCEQ and Performing Party may identify additional activities to be performed by Performing Party as a compensating adjustment, or the Performing Party shall reimburse TCEQ the excess indirect costs paid. 7.1.3. [Reserved] 7.1.4. Documentation of Indirect Cost Rate. Upon signature of the Grant, the Performing Party shall submit to TCEQ a copy of the approval letter from the Performing Party's federal cognizant agency, the state coordinating agency, or the state awarding agency that reviewed, negotiated, and approved the Performing Party's current indirect cost rate. 7.1.5. Change in Indirect Cost Rate. If the Performing Party receives a new approval letter from its federal cognizant agency, state coordinating agency, or a state awarding agency approving a different indirect cost rate, the Performing Party may request a revision by submitting to TCEQ: the approval letter; a Budget Revision Request (BRR), including Sheet 2 of the BRR; and if applicable, a request to amend the PGA (necessitated by cumulative transfer(s) from direct cost budget categories of an amount greater than ten percent (io%) of half of the Total Budget of the PGA). The Performing Party shall provide the information to TCEQ within thirty (3o) calendar days of the Performing Party's receipt of the new letter. 7.1.6. Unreimbursed Indirect Costs. If Performing Party incurs indirect costs which are allocable to this Grant but which are not reimbursed by TCEQ, it is the Performing Party's responsibility to use other proper funding sources for those costs. 7.2. Fringe Benefit Rate. The fringe benefit rate shall be calculated in accordance with the UGMS requirements for selecting and applying the method used to calculate the fringe benefit cost rate. If the amount of the fringe benefit line item in the PGA Cost Budget needs to be changed, the Performing Party shall submit the following for approval: a BRR and if applicable, a request to amend the PGA (necessitated by cumulative transfer(s) from direct cost budget categories of an amount greater than ten percent (io%) of half of the Total Budget of the PGA). 7.3. Central Service Costs. The Performing Party certifies that it will maintain compliance with all UGMS and other requirements regarding central service costs, including having a Cost Allocation Plan, if required, and adjusting the plan. All central service cost allocation plans and related documentation must be maintained for possible audit. 8. Performing Party's Responsibilities 8.i. Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is furnished and performed at Performing Party's sole risk as to the means, methods, design, processes, procedures and performance. Page 16 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 8.2. Superintendence of the Work. Performing Party is responsible for supervising all Grant Activities. This responsibility includes control of associated hazards to assure the safety of the performance of the Grant Activities, and for the protection of all persons, property, premises and facilities which may be affected by the Grant Activities. No action by TCEQ will transfer this responsibility to TCEQ. 8.3. Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Grant shall create an employee -employer relationship between Performing Party and TCEQ. Nothing in this Grant shall create a joint venture between TCEQ and the Performing Party. 8.4. Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 8.5. Equal Opportunity. Performing Party shall not discriminate against any person on the basis of race, color, national origin, religion, sex, age, and disability in the performance of this Grant. 8.6. Flow down of Contract Provisions. The Performing Party shall include in its subcontracts, employment contracts, and employment policies any provision included in this Grant, or shall include a similar provision, to the extent necessary in order for the Performing Party to fulfill its obligations under this Grant, regardless of whether or not the provision expressly requires that it be included in such contracts or policies. The Performing Party shall require its subcontractors to do the same. 9. Equipment. 9.1. UGMS and Pre -approval of Purchase. The Performing Party must comply with all requirements regarding equipment in UGMS and must obtain prior, written approval from TCEQ to purchase equipment. 9.2. Disposition. If at any time during the Grant Period or afterwards, the Performing Party or its subcontractors or subgrantees determine that any equipment acquired with funds provided as a result of this Grant is no longer needed for support of the programs or projects referred to in the Scope of Work and PGAs, the TCEQ may require the Performing Party to transfer title and possession of such equipment to the TCEQ or an eligible third party named by the TCEQ. The Performing Party shall take all necessary steps to pass-through to TCEQ, or the third party, all warranties, representations and other service commitments applicable to the equipment. The Performing Party may recover compensation for its attributable percentage of the current fair market value of the property. 10. No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Grant for the benefit of third parties. Nothing in this Grant shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers or other persons or organizations with a contractual relationship with the Performing Party. 11. Time 11.1. Time is of the Essence. Performing Party's timely performance is a material term of this Grant. 11.2. Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Grant for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ). 11.3. Force Majeure. If either party is delayed in carrying out its obligations due to acts of God, labor stoppages, or other similar irresistible forces, the party shall give ongoing notice of such delay supported by sufficient evidence to the other party as soon as practicable after the delay is apparent. The time of performance by the party shall be extended for a reasonable period of time or the PGA can be cancelled or the Grant terminated for convenience as specified Page 17 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 elsewhere in the Grant. Force majeure does not include ordinary delays that are common to the type of activities being performed or the location. 12. Conflict of Interest. The Performing Party shall timely notify TCEQ in writing of any actual, apparent, or potential conflict of interest regarding the Performing Party or any related entity or individual. No entity or individual with any actual, apparent, or potential conflict of interest shall take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination for cause. 13. Data and Quality 13.1. Quality and Acceptance. All work performed under this Grant must be complete and satisfactory in the reasonable judgment of TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Grant. 13.2. Quality Assurance. All Grant Activities that involve the acquisition of environmental data shall be performed in accordance with a TCEQ approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe (1) environmental processes, location, or conditions; or (2) ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or the literature. No data collection or other Grant Activities covered by this requirement shall be implemented until the Performing Party receives the QAPP approved by TCEQ and, if necessary, the EPA. TCEQ may refuse payment or reimbursement for any environmental data acquisition performed without an approved QAPP. 13.3. Laboratory Accreditation. Any laboratory data or analyses provided under this Grant must be prepared by a laboratory that is accredited in accordance with 30 Texas Administrative Code (TAC) Chapter 25, Subchapters A and B, for the matrices, methods, and parameters of analysis used, unless one of the regulatory exceptions specified in 3o TAC § 25.6 applies. 14. Intellectual Property 14.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment by TCEQ, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any work product under the Grant. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a nonexclusive, perpetual, irrevocable, fully paid-up enterprise -wide and worldwide license to reproduce, publish, otherwise use, modify, create derivative works, distribute, publicly perform and display such intellectual property and associated user documentation, and to authorize others to do the same for TCEQ non-commercial purposes. Readily commercially available software that is necessary to use the work products may be exempted from this requirement with prior written approval from TCEQ. The Performing Party shall take all necessary steps to pass-through to TCEQ all warranties, representations and other service commitments applicable to third party intellectual property incorporated into the work products. 14.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, fully paid-up enterprise -wide and worldwide license to reproduce, publish, modify, otherwise use, create derivative works, distribute, publicly perform and display for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any work products under this Grant or is incident to the use or possession of any work product, intellectual property created under this Contract, and associated user documentation. 14.3. In the event of a third party's Demand or threat of Demand for infringement of intellectual property incorporated by Performing Party into the work product, the Performing Party shall make best efforts to obtain permission for TCEQ to continue use of the allegedly infringing Page 18 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 information, article or material; if Performing Party is unable to secure such permission, Performing Party shall provide a non -infringing substitute or work -around that is substantially similar in feature and functionality to the allegedly infringing information, article or material. 15. Insurance and Indemnification 15.1. Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Grant Period adequate insurance coverage sufficient to protect the Performing Party and TCEQ from all claims and liability for injury to persons and for damage to property arising from the Grant. Unless specifically waived by TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 15.2. Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING GRANT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF GRANT ACTIVITIES BY THE PERFORMING PARTY (GRANTEE) OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE GRANT. 16. Termination 16.1. Termination for Cause. TCEQ may, upon providing 10 calendar days' written notice and the opportunity to cure to the Performing Party, terminate this Grant for cause if Performing Party materially fails to comply with the Grant including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Grant or by law. 16.2. Termination for Convenience. TCEQ may, upon providing 10 calendar days' written notice to the Performing Party, terminate this Grant for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Except to the extent this clause constitutes a debt against the State of Texas prohibited under the Texas Constitution, Article III sec. 49, Performing Party may request reimbursement and shall be paid for: completed conforming work; partially completed work which reasonably appears to be conforming; and timely, reasonable costs directly attributable to termination, including reasonable termination settlement costs incurred by Performing Party because of its obligations to subcontractors or subgrantees. (Performing Party shall include appropriate termination for convenience clauses in its contracts and subgrants [see UGMS _.36(i)(2)]). Performing Party shall not be paid for: work not performed; loss of anticipated profits or revenue; consequential damages; or other economic loss arising out of or resulting from the termination. 16.3. If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Grant, the termination shall be deemed to have been for the convenience of TCEQ. 17. Disputes, Claims and Remedies 17.1. Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Grant. 17.2. Remedies Page 19 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 17.2.1. Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Grant. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 17.2.1.1. Issue notice of nonconforming performance; 17.2.1.1.1. Reject nonconforming performance and request corrections without charge to TCEQ; 17.2.1.1.2. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 17.2.1.1.3. Suspend all or part of the Grant Activities or payments, or both, pending accepted revision of the nonconformity; 17.2.1.1.4. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 17.2.1.1.5. Terminate the Grant without further obligation for pending or further payment by TCEQ and receive restitution of previous payments. 17.2.2. The remedies available to TCEQ in this Grant, are in addition to, and not a limitation of, any rights and remedies available to TCEQ, including otherwise imposed or available, by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Grant Documents. 17.3. Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 17.4. Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Grant or applicable law does not preclude or limit the exercise of any other remedy available under this Grant or applicable law. 18. Sovereign Immunity The parties agree that this Grant does not waive any sovereign immunity to which either party is entitled by law. 19. Survival of Obligations. Except where a different period is specified in this Grant or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Grant, as well as all continuing obligations indicated in the Grant, survive for four (4) years beyond the termination or completion of the Grant, or until four (4) years after the end of a related proceeding, whichever is longer. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Grant or which in TCEQ's opinion is related to the subject matter of the Grant. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 20. Grant Interpretation and Miscellaneous 20.1. Definitions. 20.1.1. The word "include" and all forms such as "including" mean "including but not limited to" in the Grant and in documents issued in accordance with the Grant, such as Work Orders or Proposals for Grant Activities (PGAs). 20.1.2. The term Grant is used interchangeably with Agreement, agreement, Contract, contract, Grant, or grant, as indicated in the applicable context. 20.1.3. Grant Activities — the entire completed activities or the various separately identifiable parts thereof required to be furnished under the Grant Documents. Page 20 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Grant Activities include administrative activities. Grant Activities may also be referred to as work. 20.2. Headings. The headings of the sections contained in this Grant are for convenience only and do not control or affect the meaning or construction of any provision of this Grant. 20.3. Delivery of Notice. Notices are deemed to be delivered three (3) business days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, facsimile transmission, email, or other commercially accepted means. 20.4. Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 20.5. State, Federal Law. This Grant is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 20.6. Severability. If any provision of this Grant is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Grant shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 20.7. Assignment. No delegation of the obligations, rights, or interests in the Grant, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Grant. 20.8. Venue. Performing Party agrees that the Grant is being performed in Travis County, Texas, because this Grant has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Grant arises solely in Travis County, Texas 20.9. Public Information. All data and other information developed under this Grant shall be furnished to TCEQ and shall be public data and information except to the extent that it is exempted from public access by the Texas Public Information Act, Texas Government Code Chapter 552. Upon termination of this Grant, all copies of data and information shall be furnished, at no charge to TCEQ, upon request, to include databases prepared using funds provided under this Grant. 20.10. Publication. 20.10.1. At least seven (7) calendar days prior to the publication, release to the media or public, or advertisement of information related to this Grant, the Performing Party agrees to provide a copy of the publication, information to be released, or advertisement to TCEQ for review and comment. Performing Party may make changes in its draft based on TCEQ comments, as it sees fit in its sole discretion. Section 4.2.4 of the Procedures for Proposals for Grant Activities (PGAs) takes precedence over this provision with regard to the items listed in Section 4.2.4 of the Procedures for Proposals for Grant Activities (PGAs). Performing Party agrees not to use any TCEQ logos, graphics, or trademarks or the likenesses of TCEQ employees as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 20.10.1.1. The Performing Party has permission to use the TCEQ logo in conjunction with outreach efforts described in this Grant. The Performing Party must follow the TCEQ's logo style guidelines when Page 21 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 using the logo, which can be found on the Web at http://www.tceq.texas.gov/assets/public/comm_exec/logo_style guide. pdf . Electronic files of the TCEQ logo should be obtained from the TCEQ's Agency Communications Division by e -mailing ac@tceq.texas.gov. E-mails should be addressed from the Performing Party's Project Representative and copy the TCEQ Project Representatives, reference use under the Rider 7 grant program, and specify the file formats needed (examples: jpg, tiff). 20.10.2. The Performing Party and the Performing Party's agent, subcontractor, or other representative shall acknowledge the financial support of TCEQ and the State of Texas whenever Grant Activities funded, in whole or part, by this Grant are publicized or reported in news media, or publications, or at public events and meetings. All project signage, reports and other documents completed as a part of this Grant, other than documents prepared exclusively for internal use within TCEQ, shall display the following notation on the sign, or front cover or title page: PREPARED UNDER A GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY The preparation of this report was financed through grants from the State of Texas through the Texas Commission on Environmental Quality. The content, findings, opinions and conclusions are the work of the author(s) and do not necessarily represent findings, opinions or conclusions of TCEQ. 20.11. Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Grant Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 20.12. Compliance with Laws. TCEQ relies on Performing Party to perform all Grant Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits, licenses, and rights of access. 20.13. Counterparts. This Grant may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Grant. 20.14. Accessibility. All electronic content and documents created as deliverables under this Grant must meet the accessibility standards prescribed in 1 Texas Administrative Code Chapters 206 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. 20.15. No provision of any standard, specification, guidance manual, code or instruction shall be effective to change the responsibilities of TCEQ or the Performing Party, or any of their subcontractors, consultants, agents, or employees from those in the Grant, nor shall it be effective to assign to TCEQ, any duty or authority to supervise the furnishing or performance of the Grant Activities or other Grant provisions. 20.16. Whenever in the Grant Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of TCEQ as to the Grant Activities, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Grant Activities for compliance with the requirements of and information in the Grant Documents. The use of any such term or adjective shall not be effective to assign to TCEQ any duty or authority to supervise or direct the furnishing or performance of the Grant Activities or other Grant provisions. Page 22 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Cost Budget In the event of a conflict of terms, a completed Cost Budget Form included in a PGA signed by TCEQ and the Performing Party controls over the blank form included in the Grant Documents List, as to that specific PGA. Cooperative Reimbursement Grant for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for Grant Activities performed are as follows: Budget Category Cost for Grant Activities to be Performed Salary / Wages $ Fringe Benefits $ Travel $ Supplies $ Equipment $ Contractual $ Construction $ Other $ Indirect Costs $ Total $ 2. Budget Categories. The Budget Categories above have the definitions, requirements and limitations stated in the Uniform Grant Management Standards (UGMS). Construction costs are not reimbursable without prior, specific written authorization from TCEQ. 2.1. Other. If Budget Category "Other" is greater than $25,000 or more than io% of budget total, identify the main constituents: 2.2. Transfers to Zero Dollar Budget Categories. Performing Party must obtain written TCEQ approval prior to transferring amounts to budget categories containing zero dollars. 3. [Reserved] 4. Reimbursement for Indirect Costs 4.1. Indirect Cost Rates- General. Performing Party's indirect costs associated with performing Grant Activities shall be calculated in accordance with UGMS. Page 23 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 4.2. Calculation of Indirect Costs. Performing Party's indirect costs are calculated as: % of (select one base): ❑ Direct salary and fringe benefits; ❑ Modified total direct costs (MTDC); or ❑ Other direct costs base. 4.3. Performing Party's indirect cost rate is equal to or less than: ❑ Federally- approved predetermined rate; ❑ State -approved predetermined rate; ❑ Default rate of io% of MTDC; ❑ Federally -approved fixed rate; ❑ Provisional rate; or ❑ Other. ******End of Cost Budget****** Page 24 of 41 Performing Party: Grant Number: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 PERSONNEL ELIGIBILITY LIST (PEL) To be submitted with PGA and if there are any changes Date: Staff Name or "Vacant" Position or Title & Role in Performing the Grant Activities Qualifications Indicate if Employee of Performing Party, Independent Contractor, or Employee of Subcontractor Date Added to PEL Date Removed from PEL Page 25 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Notices, Project Representatives and Records Location Grant No. 582-16-60182 1. Representatives. The individual(s) named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of TCEQ and the Performing Party as indicated below. All communications including official Grant notices must be addressed to the appropriate representatives. 2. Changes in Representatives. Either party may change its representative by unilateral amendment. 3. TCEQ Representatives. All communications must be addressed to TCEQ's Project Representatives, unless otherwise specified in the Grant. TCEQ Project Representatives are identified below: TCEQ CONTRACT SPECIALIST (for Contractual Matters) The Performing Party must provide a copy of all notices to the TCEQ Contract Specialist and the TCEQ Grant Manager. Leslie Schmidt Contract Specialist Texas Commission on Environmental Quality P.O. Box 13087 MC -164 Austin, Texas 78711-3087 Telephone No. (512) 239-2934 Facsimile No. (512) 239-1500 E -Mail: leslie.schmidt@tceq.texas.gov TCEQ GRANT MANAGER (for Contractual Matters) Leigh Ann Brunson Grant Manager Texas Commission on Environmental Quality P.O. Box 13087 MC -164 Austin, Texas 78711-3087 Telephone No. (512) 239-1903 Facsimile No. (512) 239-1500 E -Mail: leigh ann.brunson@tceq.texas.gov 4. Performing Party Representatives. For Contractual Matters Sharon Bailey Lewis Program Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone No.(361) 826-4066 Facsimile No. (361) 826-4681 E-mail: SharonL@cctexas.com TCEQ PROGRAM COORDINATOR (for Technical Matters) Jocelyn Mellberg Program Coordinator Texas Commission on Environmental Quality P.O. Box 13087 MC -164 Austin, Texas 78711-3087 Telephone No. (512) 239-0164 Facsimile No. (512) 239-1500 E -Mail: jocelyn.mellberg@tceq.texas.gov For Technical Matters Sharon Bailey Lewis Program Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone No. (361) 826-4066 Facsimile No.(361) 826-4681 E-mail: SharonL@cctexas.com Page 26 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 5. Invoice Submittal. Invoices must be submitted to: Invoice AQD0tceq.texas.gov 6. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Grant: 1201 Leopard Street (Street Address) Corpus Christi, Texas 78401 (City / State ZIP) Page 27 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Attachment A: Release of Claims Forms Texas Commission on Environmental Quality Release of Claims hereby releases the Texas Commission on Environmental Quality (TCEQ) and its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Grant Number 582-16-60182. The amount being released is Further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this Grant have been paid in full and satisfied. All Grant Activities required to be completed under the referenced Grant have been completed. Prompt payment, therefore, of the attached invoice, including any and all funds which may have been "retained" by TCEQ in accordance with said Grant, is requested. Executed on this day of , 20. By: (signature) (name, typed or printed) (title) Grant # 582-16-60182 Beginning Balance Expenses Reimbursed by TCEQ Remaining Balance Being Released Page 28 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Texas Commission on Environmental Quality Release of Claims for Units of Local Government, as defined in the Appropriations Act of the 84th Texas Legislature, Article IX, Sec. 4.04 Limitation on Grants to Units of Local Government hereby releases the Texas Commission on Environmental Quality (TCEQ) and its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Grant Number 582-16-60182. The amount being released is Further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this Grant have been paid in full and satisfied. All Grant Activities required to be completed under the referenced Grant have been completed. Prompt payment, therefore, of the attached invoice, including any and all funds which may have been "retained" by TCEQ in accordance with said Grant, is requested. Further certifies that it has complied with all requirements in Article IX, Sec. 4.04 Limitation on Grants to Units of Local Government in the Appropriations Act of the 84th Texas Legislature. Executed on this day of , 20. By: (signature) (name, typed or printed) (title) Grant # 582-16-60182 Beginning Balance Expenses Reimbursed by TCEQ Remaining Balance Being Released Page 29 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Attachment B: Financial Status Report (Form 269a/ TCEQ Form 20248) and Supplemental Financial Status Report forms (Supplemental Form 269a/TCEQ Form 20248-1 through 20248-4) Page 30 of 41 City of Corpus Christi TEXAS COMMISSION ON ENVIRONMENTAL QUAL1tWer 7 Local Air Quality Planning Grant RIDER 7 AIR QUALITY PLANNING GRANT PROGRAM Contract # 582-16-60182 FINANCIAL STATUS REPORT -- FORM 269a 1. STATE AGENCY ORGANIZATION TO WHICH REPORT IS SUBMITTED: Submit with invoice to Invoice_AQD@tceq.texas.gov 2. GRANT TITLE: RIDER 7 LOCAL AIR QUALITY PLANNING GRANT 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS) 5.a. TCEQ GRANT NUMBER: 5.b. PGA NUMBER: 6. FINAL REPORT YES NO 7. ACCOUNTING BASIS CASH ACCRUAL 8. TOTAL GRANT PERIOD 9. PERIOD COVERED BY THIS REPORT FROM: TO: FROM: TO: 10. BUDGET CATEGORIES APPROVED BUDGET PROJECT COST THIS REPORT* CUMULATIVE PROJECT COST BALANCE A. PERSONNEL/SALARY $0.00 $0.00 B. FRINGE BENEFITS $0.00 $0.00 C. TRAVEL $0.00 $0.00 D. SUPPLIES $0.00 $0.00 E. EQUIPMENT $0.00 $0.00 F. CONTRACTUAL $0.00 $0.00 G. CONSTRUCTION $0.00 $0.00 H. OTHER $0.00 $0.00 I. TOTAL DIRECT COSTS (sum A -H) $0.00 $0.00 J. INDIRECT COSTS $0.00 $0.00 K. TOTAL (sum I and 3) $0.00 $0.00 *List (itemize) on the appropriate supplemental form, a Please attach documentation, as required in accordance I component expenses comprising the total cost for each of these categories. with the conditions of your Grant and this FSR. 11. Indirect Expenses a. Rate b. Period From c. Period To d. Base e. Amount Charged f. Total of Indirect Expenses: Page 31 of 41 12. ADVANCED FUNDS y JI 11JUo ...I II WLI 13. INTEREST EARNESlider 7 Local Air Quality Planning Grant Ccntr ct # 582-16-60182 A. ADV. FUNDS THIS PGA: A. INTEREST EARNED THIS PERIOD: B. ADV. FUNDS SPENT THIS PERIOD: B. INTEREST PREVIOUSLY EARNED: C. ADV. FUNDS SPENT PREVIOUSLY: C. CUMULATIVE INTEREST EARNED: $0.00 D. ADV. FUNDS REMAINING: $0.00 14. CERTIFICATION: I CERTIFY TO THE BEST AND THAT ALL OUTLAYS, CASH RECEIPTS, AWARD DOCUMENTS. I AM AWARE THAT CIVIL PENALITES. SIGNATURE OF AUTHORIZED OFFICIAL TYPED NAME AND TITLE: TELEPHONE: OF MY KNOWLEDGE AND BELIEF THAT THIS REPORT IS TRUE, COMPLETE, AND CORRECT AND UNLIQUIDATED OBLIGATIONS ARE FOR THE PURPOSES AND INTENT SET FORTH IN THE ANY FALSE, FICTITIOUS, OR FRADULENT INFORMATION MAY SUBJECT ME TO CRIMINAL OR DATE SUBMITTED: Page 32 of 41 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS (Form 20248-1) EQUIPMENT PURCHASES (DURING THIS REPORT PERIOD) y of corp Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 NUMBER PURCHASED ITEM DESCRIPTION (SHOULD MATCH DESCRIPTION PROVIDED FOR APPROVAL) (INCLUDE THE SERIAL NUMBER IF APPLICABLE) UNIT COSI) TOTAL COST TASKS TOTAL EQUIPMENT EXPENDITURES (MUST AGREE WITH LINE 10E ON FORM 20248) CONTRACTUAL EXPENSES (DURING THIS REPORT PERIOD) $0.00 SUBCONTRACTOR (NAME) FOR (ACTIVITIES PERFORMED) DATES(S) PERFORMED COST (THIS PERIOD) TASKS TOTAL CONTRACTUAL EXPENSES (MUST AGREE WITH LINE 1OF ON FORM 20248) $0.00 List all contractual costs either incurred or paid during the period (depending on type of accounting method). liW Page 33 of 41 ITEMIZATION OF CONSTRUCTION COSTS (Form 20248-2) CONSTRUCTION COSTS (DURING THIS REPORT PERIOD) City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 DESCRIPTION PURPOSE COST (THIS PERIOD) TASKS TOTAL CONSTRUCTION EXPENDITURES (MUST AGREE WITH LINE 10G ON FORM 20248) $0.00 LEGIBLE RECEIPTS MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. Page 34 of 41 ITEMIZATION OF SUPPLY AND OTHER COSTS (Form 20248-3) SUPPLIES PURCHASED (DURING THIS PERIOD) City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 NUMBER PURCHASED ITEM DESCRIPTION- Provide enough information to enable the TCEQ to determine the allowability of the cost. UNIT COST TOTAL COST TASKS $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 TOTAL SUPPLY EXPENDITURES (MUST AGREE WITH LINE 10D ON FORM 20248) $0.00 OTHER EXPENDITURES (DURING THIS REPORT PERIOD) NUMBER PURCHASED ITEM DESCRIPTION- Provide enough information to enable the TCEQ to determine the allowability of the cost. UNIT COST TOTAL COST TASKS $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 TOTAL OTHER EXPENDITURES (MUST AGREE WITH LINE 10H ON FORM 20248) $0.00 Page 35 of 41 ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS (Form 20248-4) PERSONNEL/SALARY EXPENDITURES (DURING THIS REPORT PERIOD) City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 EMPLOYEE NAME TITLE/POSITION SALARY (THIS PERIOD) TASKS A. Personnel/Salary TOTAL TRAVEL EXPENDITURES (MUST AGREE WITH LINE 10C ON FORM 20248) $0.00 All Personnel listed on current PEL? Yes No B. Fringe Benefit Rate: (average) Total for the Reporting Period: $ (Do not include fringe in total at right) TOTAL PERSONNEL/SALARY EXPENDITURES (MUST AGREE WITH LINE 10A ON FORM 20248) $0.00 TRAVEL EXPENDITURES (DURING THIS REPORT PERIOD) EMPLOYEE NAME AND TITLE/POSITION DATE(S) OF TRAVEL DESTINATION & REASON FOR TRAVEL COST (THIS PERIOD) TASKS TOTAL TRAVEL EXPENDITURES (MUST AGREE WITH LINE 10C ON FORM 20248) $0.00 Page 36 of 41 City of Corpus Christi Financial Status Report Preparation Instructi R) r 7 Local Air Quality Planning Grant Contract # 582-16-60182 1. A. The PERFORMING PARTY, in order to obtain reimbursement (or justify costs applied to advance payments) for expenditures authorized under this Grant , shall submit a completed, legible TCEQ Financial Status Report (TCEQ Form 20248) and any required TCEQ Supplemental 20248 forms. Each Financial Status Report shall indicate, for each budget sub -category, the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub -category, and the balance remaining in each budget sub -category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. B. Section 11: lla Rate- Enter the indirect cost rate in effect during the reporting period. 11b and c Period From; Period To- Enter the beginning and ending effective dates for the use of the rate under this Grant. 11d Base- Enter the amount of the base against which the rate was applied. lle Amount Charged- Enter the amount of indirect costs charged during the time period specified. (Multiply 11a. x lld.) 11f Total- Enter the total of the amount(s) in column 11e. 2. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the Proposal for Grant Activities (PGA) Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives, set forth in the PGA, that such expenditures support or satisfy. 3. All requests for the reimbursement of expenditures that fall within the "Construction" category of the PGA Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives, set forth in the PGA, that such expenditures support or satisfy. 4. All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the PGA Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives, set forth in the PGA, that such expenditures support or satisfy. 5. All requests for reimbursement of expenditures that fall within either the "Personnel/Salary" or "Travel" categories of the PGA Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with respect to the major tasks or objectives, set forth in the PGA, that such expenditures support or satisfy. 6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that particular expenditure by specific PGA task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. 7. Documentation- Submission. In addition, the PERFORMING PARTY shall submit, for each reimbursable cost listed on any of the FSR forms, legible documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or contractor who provided the materials or services, and (3) that confirms the reimbursable amount listed on the form. This requirement does not apply to "Personnel/Salary" or "Fringe Benefits". For "Equipment" purchases, the documentation shall be either a purchase order marked "received/paid" or a vendor -submitted invoice similarly marked. For "Contractual" purchases, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. For "Contruction" costs, the documentation shall be either a purchase order marked "received/paid" or an invoice similarly marked. In the case of contractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. For any single -listed item or service costing more than $500 under "Supply" or "Other" costs, the PERFORMING shall provide the following documentation: Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. With respect to employee "Travel", the documentation shall substantiate the reported reimbursable costs and include the following: name of the traveler; travel location; travel date(s); receipts; agenda for meeting or conference attended, if applicable; and legible copies of the PERFORMING PARTY -approved travel vouchers signed by the employees who traveled, if applicable. Each traveler's costs must be itemized to show costs for meals, lodging and transportation (mode and cost of transportation) (Miles X Rate). For "Personnel/Salary", the documentation shall include the name of the personnel, hourly rate, total cost, amount of time the personnel performed activities under the PGA and the total amount of time worked for the period. PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to a PGA under this Grant. Page 37 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Attachment C: Budget Revision Request Form RIDER 7 BUDGET REVISION REQUEST FORM Page 38 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 RIDER 7 BUDGET REVISION REQUEST FORM Purpose: To document recipient organization's budget changes to ensure project deliverables are met and fiscal accountability. Instructions: Complete this form. Certain cells of the spreadsheet contain formulas that perform automatic calculations. 1. RECIPIENT ORGANIZATION (Name & Complete Address Including Zip Code): 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. TCEQ CONTRACT NUMBER: 582- 5. TOTAL PROJECT/GRANT PERIOD: 6. BUDGET CATEGORIES: 7. Approved Budget 8. Reduction in Source Line Items (DO NOT FORMAT AS NEGATIVE NUMBERS) 9. Increase in Destination Line Items 10. New or Revised Budget a. Personnel/Salaries $0.00 b. Fringe Benefits $0.00 c. Travel $0.00 d. Supplies $0.00 e. Equipment $0.00 f. Contractual $0.00 g. Construction $0.00 h. Other $0.00 i. Total Direct Costs (sum a - h) (for items 7 & 10) or total change in direct costs (for items 8 & 9) $0.00 $0.00 $0.00 $0.00 j. Indirect Costs k. Total (sum i & j) $0.00 $0.00 I. Percent Change: #DIV/0! Justification* (Attach additional sheets, if necessary): *If this Budget Revision Request (BRR) contains a change in the indirect cost rate, complete Sheet 2 and include with the BRR. Budget Revision Request must contain all signatures to be valid. Is the cumulative transfer 10% or less of half of the total budget? If so, you do not have to obtain pre -approval of the transfer. Send in this signed form with your invoice. The 10% limit does not reset until an amendment is signed by the parties to reflect changes to the budget; i.e. continue to include revisions and increases in the above table until the change is above Yes No 10% and an amendment is done to change the budget. Signature of Recipient's Representative Date Typed or Printed Name and Title Signature of TCEQ Program Coordinator Date Typed or Printed Name and Title Signature of TCEQ Grant Manager Date Typed or Printed Name and Title Form Updated 5/2015 for Rider 7 Grants Page 39 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Sheet 2 of RIDER 7 BUDGET REVISION REQUEST FORM Indirect Cost Rate Change Calculation of Indirect Costs. Performing Party's indirect costs are calculated as: % of (select one base- place "X" before item): Direct salary and fringe benefits Modified total direct costs (MTDC) Other direct costs base- use of this option must be approved by a specialist in the TCEQ Financial Administration Division. If other direct cost base, explain here: Performing Party's indirect costs are calculated under UGMS as a (select one- place "X" before item; see definitions in the Cost Budget): Federally -approved predetermined rate State -approved predetermined rate Default rate of 10% Federally -approved fixed rate Provisional rate Other. - Use of this option must be approved by a specialist in the TCEQ Financial Administration Division If Other, explain here: Form Updated 5/2015 for Rider 7 Grants Page 40 of 41 City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract # 582-16-60182 Attachment D: Progress Report Template Quarterly Progress Report for the Texas Commission on Environmental Quality Date: Rider 7 Area: PGA Number: Reporting Period: List of Tasks Completed: Status table (add rows as necessary to cover all PGA tasks): Task Number Deliverable Due Date Total Amount Allocated for Task Remaining Allocation for Task Cost of Task this Quarter Percent of Task Completed Sections below must be completed for every task and subtask (i.e. Task 1.1, Task 2.1, Task 2.2, etc.). If there was no activity, then please state "None" in the Milestones, and "No activity for this period" and the reason under the Detailed Summary section. Task 1.1: Milestones: Detailed Summary: Technical and Logistical Problems and Solutions: Task 2.1: Milestones: Detailed Summary: Technical and Logistical Problems and Solutions: Page 41 of 41 AGENDA MEMORANDUM Public Hearing for the City Council Meeting of October 13, 2015 First Reading for the City Council Meeting of October 27, 2015 Second Reading for the City Council Meeting of November 10, 2015 DATE: September 28, 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 on Plan CC Comprehensive Plan 2035 CAPTION: Public hearing for the adoption of a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan 2035". PURPOSE: The purpose of this item is to conduct a public hearing on the proposed comprehensive plan "Plan CC Comprehensive Plan 2035". BACKGROUND AND FINDINGS: In February 2014, the City began work on creating a new comprehensive plan, seeing that the current policies were dated (from 1987). After extensive research on existing conditions, challenges, and opportunities for the City, after working with City staff, and after collecting input from various City departments, organizations, stakeholders, and the public, the draft Plan CC is before the City Council for review and adoption. ALTERNATIVES: Amend the language of the draft Plan CC. OTHER CONSIDERATIONS: The first draft of Plan CC was made available for public review and input in May 2015. After receiving public input during a 40 -day public comment period, City staff revised the first draft by reducing it to essentially the broader goals and policies identified in the first draft. Background information and strategies and actions to implement Plan CC's goals were eliminated in the second draft. The purpose of reducing Plan CC to its goals and policies was to make sure the City agreed on its goals for 2035 before staff continued vetting and creating the implementation plan, which contains the strategies and actions found in the first draft of Plan CC. The second draft of Plan CC was made available for public review and input in July 2015. An additional two-week public comment period was opened on the second draft of Plan CC, and the Planning Commission reviewed and made recommendations on the second draft. CONFORMITY TO CITY POLICY: This item conforms to City policies and the City Charter. Where any conflict between current policies and Plan CC's policies exists, Plan CC's policies will overrule and conflicting policies are repealed. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital og 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 BALANCE Fund(s): Comments: None RECOMMENDATION Staff recommends approval of an ordinance to adopt Plan CC upon incorporation of the staff -recommended changes identified in the Planning Commission's Final Report. Planning Commission forwarded its recommended changes to Plan CC, which are contained in the Planning Commission's Final Report (attached). LIST OF SUPPORTING DOCUMENTS: 1. Draft Ordinance 2. PowerPoint Presentation 3. Planning Commission's Final Report of their recommendations 4. Written public comments submitted on the 1st draft of Plan CC 5. Written public comments submitted on the 2nd draft of Plan CC 6. August 12th Planning Commission Public Hearing Comments 7. Letters submitted by the public DRAFT ORDINANCE Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan 2035" and providing for a repealer clause and publication. WHEREAS, the City of Corpus Christi, Texas ("City"), engaged in a two-year process of developing a twenty-first century comprehensive plan, titled Plan CC Comprehensive Plan 2035 ("Plan CC"), which includes policies to guide the physical and economic growth of the City and its extra -territorial jurisdiction through 2035 and replaces policies adopted in 1987; WHEREAS, the City invited the public to workshops to give input and help develop a vision for Corpus Christi in 2035; and where the City used this input to develop the vision and principles element of Plan CC; WHEREAS, City Staff provided guidance and assistance throughout the process and coordinated with various community agencies; WHEREAS, the City invited community members representing a variety of interests to participate in a Citizens' Advisory Committee to provide early input on the development of Plan CC and to review the draft document; WHEREAS, numerous citizens and community organizations have studied Plan CC and presented their written or verbal recommendations for consideration; WHEREAS, the Planning Commission, from time to time, may recommend amendments to Plan CC and the City Council may approve amendments consistent with the requirements of the City Charter; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendations regarding Plan CC; WHEREAS, with proper notice to the public, public hearings on Plan CC were held on Wednesday, August 12, 2015, during a meeting of the Planning Commission, and on Tuesday, October 13, 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 Plan CC would promote sound development of the City and promote the public health, safety, and welfare of its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. It is the public interest to adopt Plan CC Comprehensive Plan 2035 ("Plan CC"), a new 20 -year comprehensive plan, as a guide for the physical and economic growth of the City and its extra -territorial jurisdiction, said document being attached hereto and labeled Exhibit A. DRAFT ORDINANCE SECTION 2. The City shall use Plan CC as a guideline to facilitate Area Development Plans, service Master Plans and other plans that the City considers necessary for systematic growth and development. SECTION 3. The City shall use Plan CC to establish codes and ordinances, as the City deems necessary, to promote the sound development of the City and to provide for public health, safety, and welfare of its citizens. SECTION 4. City Staff, Planning Commission, and City Council shall review and amend Plan CC, if necessary, at least every five years. SECTION 5. All ordinances or parts of ordinances that are in conflict with this ordinance are hereby expressly repealed and the document titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan," an element of the comprehensive plan adopted by Ordinance 19865 in 1987, is repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. DRAFT ORDINANCE 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 Plan CC Comprehensive Plan 2035 PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 JULY 2015 EXHIBIT A Plan CC Comprehensive Plan 2035 )1111141141UV PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 ADOPTED XXXX 2015 EXHIBIT A Acknowledgements PLAN CC COMPREHENSIVE PLAN 2035 • Corpus Christi City Council, 2014-2015 • Plan CC Citizens Advisory Committee • Mayor Nelda Martinez • City Manager Ron Olson • City staff members THANK YOU to the residents, neighborhood and business leaders, community advocates, and stakeholders who participated in creating this Comprehensive Plan by attending public meetings and engaging with one another, by sharing your experience and knowledge of Corpus Christi in interviews and meetings with the planning team, and by expressing your commitment to Corpus Christi's future. Everyone can be part of putting this plan into action! PLAN CC TEAM > Goody Clancy, prime consultant > Stantec Urban Group, technical lead > Peter Kwass Consulting, economic development > W-ZHA, commercial market analysis > Zimmerman /Volk Associates, housing market potential > TischlerBise, cost -of -services analysis > Kailo Communications Studio, public outreach EXHIBIT A ORDINANCE WILL APPEAR HERE AND ON THE NEXT PAGE. PAGES WILL BE ADDED AND LAYOUT ADJUSTED AS NEEDED. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 201 F ORDINANCE CONTINUES HERE IF NEEDED. L 4PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Element 1 VISION aero q;UIDING PRINCIPLES FOR CORPUS CHRISTI'S Our Vision The Principles 9 10 Element 2 '.7""" "" MD BLUE: NATURAL SYSTEMS, PARKS & RECREATION Vision 12 Goals and Policies 13 Element 3 RESILIENCE AND RESOURCE EFFICIENCY Vision Goals and Policies Element 4 HOUSING AND NEIGHBORHOODS Vision Goals and Policies Element 5 DIVERSIFYING THE ECONOMY AND STRENGTHENING THE WORKFORCE Vision Goals and Policies Element 6 GETTING FROM HERE TO THERE: TRANSPORTATION t' 1 MOBILITY Vision 16 17 19 20 22 23 26 Goals and Policies 27 Element 7 COMMUNITY INFRASTRUCTURE FACILITIES AND SERVICES Vision Goals and Policies 29 30 Element 8 FUTURE LAND USE, ZONING, AND URBAN DESIGN Vision 32 Goals and Policies 33 Plan CC's Land Use Priorities 33 Map: Planning Districts 34 Map: Existing Land Use 35 Future Land Use Categories Explanation 36 Map: Citywide Future Land Use 39 Maps: Future Land Use by Planning District A. Downtown Planning District Future Land Use 40 B. Westside Planning District Future Land Use 41 C. Midtown Planning District Future Land Use 42 D. Southside Planning District Future Land Use 43 E. Flour Bluff Planning District Future Land Use 44 F. Padre/Mustang Planning District Future Land Use 45 G. CC Airport Planning District Future Land Use 46 H. Northwest Planning District Future Land Use 47 I. Chapman Ranch Planning District Future Land Use 48 Element 9 STEWARDSHIP AND IMPLEMENTATION OF THE PLAN Goals and Policies EXHIBIT A 50 PLAN CC COMPREHENSIVE PLAN 2031 6PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A A Vision and Guiding Principles for Corpus Christi's Future Plan CC is a new kind of comprehensive plan for Corpus Christi. It has a 20 -year time horizon and includes a vision for the future and goals and policies for an integrated series of elements that affect decision making about the physical development of the city. The plan provides direction for the city as a whole and will be followed by area development plans that provide more detailed direction for specific parts of the city while reflecting the overall vision and goals of the citywide plan. This comprehensive plan for the next 20 years is not a prediction of what will happen by 2035, nor is it a 20 -year projection into the future. It is a plan. It is designed to guide the city to take advantage of opportunities, invest in the future, and make choices that result in higher quality of life and a more diversified economy. PLAN CC COMPREHENSIVE PLAN 2031 EXHIBIT A Corpus Christi stands poised for a once -in -a -generation opportunity for transformative growth. The city has long experience with the booms and busts characteristic of the energy economy. Since 2011, the city has enjoyed the benefits of the Eagle Ford Shale boom, but this time Corpus Christians want to use the boom to establish long-term, sustainable economic growth and enhance quality of life for everyone. Developing a vision statement is an essential early step in creating a comprehensive plan. Vision statements and accompanying principles focus attention on a community's values, sense of identity, and aspirations. The vision statement tells a story and paints a picture of an ideal future in 2035. The principles are based on precepts that are important for guiding the comprehensive plan itself and its implementation. In public meetings around the city, interviews, and website commentary, citizens articulated their desires and hopes for an ideal future. The experience of creating the Plan CC vision and principles showed that citizens from different parts of the city and from all walks of life share many values and hopes about the kind of future they want for Corpus Christi. 8 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Corpus Christi is a thriving community with a strong, diversified economy, a high quality of life for individuals and families throughout the city, and a well -protected environment of natural beauty. Our unique combination of Gulf Coast bay and beach attractions, vibrant cultural life, economic opportunity, and a variety of housing choices supports long-established families and makes Corpus Christi a magnet for young professionals, entrepreneurs, retirees and visitors to the most distinctive destination on the Texas Gulf Coast. > Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, the military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. > Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure, and utility systems—including streets, drinking water supply, wastewater, and stormwater management—have been modernized over the last 20 years to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. > High-quality, safe, connected, and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created new live -work -play neighborhoods and downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable at every income level for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. > Stewardship of our natural heritage and green -space networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. Corpus Christi in 2035 is a unique place to live, work, study and play—prosperous and full of opportunity, well-run and welcoming, livable and affordable, a lively urban center and a waterside playground—one of the most enterprising and forward-looking cities in Texas. EXHIBIT A 0 CDo' PLAN CC COMPREHENSIVE PLAN 2031 N • transportation, retail and services. This critical mass will then stimulate self- sustaining activities. Be strategic. Strategically integrate public physical, economic, and social investments to leverage L-.? -- private investment and Q. grants in order to create critical mass that supports enhanced choices in housing, 9, ■ U infrastructure. Be cost-effective. Establish cost-effective best practices and systems to support ongoing city services and Act transparently. Pro- mote civic engagement and keep everyone with a stake in the city's future informed about communi- ty conditions, options, and opportunities to participate in decision making. ACTION ri-Pd ma What When Be accountable. Establish action plans with time lines and responsible parties, as well as systems for regular public review of the implementation of the comprehensive plan. Pursue goals through partnerships. City government alone cannot implement the comprehensive plan. Collaborative partnerships with regional groups, agencies, businesses, institutions, nonprofits, and citizens are critical to effective implementation. Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. .PLAN CC COMPREHENSIVE PLAN 2035 Pursue high-quality development. Make public investments a model of excellent design and function and establish high quality design standards for private development. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. Promote good health. Create policies and physical conditions that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and medical care. Prepare students for good jobs by keeping the focus on educational achievement. 21st -century jobs increasingly require a post -secondary education, like associate's or bachelor's degrees or a technical credential. A skilled and well-educated workforce will attract new investment. Support diversity. Establish policies and strategies that support physical, social and economic diversity in individuals, households, business, and living conditions. These will strengthen the city's ability to attract and retain people throughout the life cycle and across the income range and to create environments that support enterprises of all kinds—from microbusinesses and start-ups to major industries. EXHIBIT A Green and Blue: Natural Systems, Parks & Recreation Natural Systems, Parks & Recreation focuses on the protection and enhancement of natural areas and parks with goals to enhance water quality, preserve natural areas, expand networks of green corridors, improve green infrastructure and expand public access to diverse, high- quality recreation opportunities. PLAN CC COMPREHENSIVE PLAN 2035 1 11 EXHIBIT A Plan CC's Vision for wr- -- 7 [Y_-_�_-- - -7 T - _ • , I 1 Stewardship of our natural heritage and greenspace networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. 12 1 PLAN CC COMPREHENSIVE PLAN 2035 i EXHIBIT A Goals and Policies ratakk 1. Corpus Christi Bay, the Nueces River, Oso Bay, Oso Creek, and other water resources meet or exceed federal and state quality standards, provide environmentally healthy aquatic and wetland habitat, and are fishable and swimmable. 2. Wetland areas are protected or effectively replaced so that there is no net loss of wetlands. 3. Important natural areas, such as bird breeding sites, are preserved and protected as usable habitat networks with ecological integrity. 4. The city has a network of green corridors including Oso Creek, drainage ways, medians and street trees, parks, and urban wilds to enhance connections for birds and other wildlife. 5. Natural barrier -beach environments are protected. ■ Support initiatives to ensure that it is always safe to swim at public beaches on the bay and on Padre and Mustang Islands. ■ Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay. ■ Support programs to manage the balance of fresh and salt water in the estuary. Support initiatives to preserve wetlands in the estuary. Support creation of a wetlands mitigation bank, if feasible. • • • Support initiatives for preservation of bird rookeries and similar critical habitat sites. ■ Continue to support and protect nature preserves. ■ Promote ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. ■ Give priority to natural, green drainage systems for storm water management. ■ Give priority to strengthening the green character of existing open spaces. • Secure protection of the Oso Creek corridor through implementation of a linear park along Oso Creek. ■ Coordinate storm water management with trails and green network projects. ■ Support continued enforcement of regulations that protect barrier beaches. 6. Native and other trees adapted to the environment provide shade along major streets and in parks and other public spaces. ■ Promote tree preservation and tree planting on public and private property. ■ Support creation of "adopt a tree" programs. ■ Give priority to native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long- term, drought -tolerant survival. ■ Support a full urban forestry program with appropriate staff within the Parks and Recreation Department. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2035 7. Corpus Christi has a network of attractive, safe, and well-maintained parks that provide shade and other amenities, are well -used by the public, and meet the diverse needs of the population. ■ Promote strategic implementation of the 2012 ten- year Parks and Recreation Master Plan (PRMP) to support comprehensive plan goals. • Update the PRMP every ten years. ■ Support cost-effective redesign to ensure that parks are safe and provide sufficient shade. Provide adequate resources for basic maintenance and operation of all parks, recreational facilities, and other green public spaces, as discussed in the PRMP. ■ Continue to seek partnerships and sponsorships to support park maintenance. • Incorporate sustainable maintenance practices. Develop a plan for facilities and programs so that every resident has the opportunity to learn how to swim. ■ Seek partnership options to create community boating programs and education. 8. Parks, recreational areas, and other ■ green public spaces are of high quality and are well-maintained. 9. Corpus Christi offers residents an ■ array of opportunities for water-based recreation. 14 I PLAN CC COMPREHENSIVE PLAN 2035 �E ii EXHIBIT A Resilience and Resource Efficienr Resilience and Resource -Efficiency focuses on the issues of resilience and resource efficiency, particularly energy. Resilience is not only the ability to respond to and recover from hazard events but also the ability to anticipate hazards and reduce overall vulnerability by adapting to changing conditions and promoting multiple lines of defense against hazardous events. The section on resource -efficiency focuses on expanding access to renewable energy sources and promoting efficient resource use through sustainable design. Water conservation is treated in the element Infrastructure, Facilities, and Services. PLAN CC COMPREHENSIVE PLAN 203515 EXHIBIT A Plan CC's Vision for '1 ' 11 • 1 Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. 16 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies GOALS 1. Corpus Christi has a holistic community standard of resilience that adapts to changing conditions such as storm hazards, high winds, and sea level rise. 2. The City has a multiple lines -of - defense strategy for protection against flooding from coastal storm surges. ■ Support periodic review of resilience planning and implementation to adapt to changing conditions. ■ Promote public understanding of risk and the responsibilities of individual households, as well as city, state, and federal governments. ■ Promote implementation of regulations that protect barrier beaches and dunes. ■ Promote implementation of flood -protection measures throughout the city. 3. Government operations and buildings are models of resource -efficiency and renewable sources. 4. Renewable sources of energy, including solar and wind, and other energy -conservation strategies, are available to city households and businesses. 5. Green building techniques are used in new development and retrofits. 6. Reinvestment in existing communities conserves resources and sensitive environments. ■ Support a greenhouse -gas audit and use of renewable energy sources. ■ Continue organizational and operational improvements to maximize energy and resource - efficiency and reduce waste. ■ Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. ■ Expand the use of renewable energy sources for City operations. ■ Promote making renewable -energy options available to homes and businesses. ■ Promote green building through awards and nonfinancial incentives. ■ Support clean-up and adaptive reuse of brownfields. ■ Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. ■ Encourage urban farming and community gardens to promote access to local food. PLAN CC COMPREHENSIVE PLAN 203517 EXHIBIT A Housing and Neighborhoods Housing and Neighborhoods focuses on three issues: overall access to a diverse supply of quality housing; investment in the quality of life in established and new neighborhoods; and promoting community identity and sense of place. Housing goals and policies focus on meeting the diverse needs of households at all income levels and all life -cycle stages, reducing chronic homelessness, and ensuring that all housing is code -compliant, in good condition, and resource -efficient. Goals and policies for neighborhood improvement include support for established neighborhoods, mixed-use urban villages, and more connected neighborhoods. 18 I PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for *// L, f L 4 4' • L I I Lilt High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created a new live -work - play neighborhood downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable across the income scale for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. PLAN CC COMPREHENSIVE PLAN 2035 1 19 EXHIBIT A Goals and Policies GOALS POLICIES FOR DECISION MAKERS Housing 1. Corpus Christi has a comprehensive housing policy to guide development of quality neighborhoods. 2. Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. 3. Chronic homelessness is significantly reduced. 4. All housing is in good condition and code -compliant. 5. New and redeveloped housing is resource -efficient. ■ Support a community-based system to develop and implement a citywide housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. • Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types—rental and ownership, market -rate and assisted—to meet community needs. ■ Provide proactive city leadership in planning and implementing homelessness policies. ■ Support effective, efficient, and sensitive code enforcement that focuses on compliance. • Ensure that City -assisted housing, whether new or rehabilitated, is resource -efficient. ■ Promote resource -efficiency in all new housing through non-financial incentives, such as permit streamlining. Neighborhoods 6. Corpus Christi sustains and maintains established neighborhoods. 7. Neighborhoods are enhanced by investments in "urban villages" to improve quality of life. Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. Support enhanced code enforcement and campaigns to address litter issues. Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods. Focus public investments—physical, environmental, functional, and social—to support walkable neighborhood commercial and mixed-use districts, including compact centers along major roads. Locate public facilities, civic, and cultural uses within or adjacent to neighborhood commercial districts to act as anchors where feasible. Coordinate among city departments and with the Housing Authority, school districts, county, state and federal agencies on the location of new facilities and the disposition of properties. Communldentify and Sense of Mac_ 8. The design of new developments promotes a sense of neighborhood rather than creating isolated subdivisions or apartment complexes. 20 1 PLAN CC COMPREHENSIVE PLAN 2035 ■ Support regulations and guidelines that promote interconnected development. ■ Ensure that pedestrian and bicycle facilities are available in new and redeveloped areas. ■ Encourage unobtrusive parking solutions. EXHIBIT A Diversifying the Economy and Strengthening the Workforce The Economic Development and Workforce goals focus on diversifying Corpus Christi's economy and supporting well - paying jobs by building on existing industries, promoting innovation, and growing new sectors. Key elements to support diversification include retaining and attracting firms, cultivating an "entrepreneurial ecosystem" that supports small businesses, attracting talented professionals, and ensuring that students and unemployed or underemployed workers are adequately prepared to find and maintain employment. In addition to building on important long-time sectors like oil and gas and tourism, this element stresses the potential of assets such as higher education research and military bases to bring entrepreneurial energy and more 21st - century jobs to Corpus Christi. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for Economic Develovment Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. 22 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies IOLICIES FOR DECISION MAKERS 1. Corpus Christi has a diversified economy of well -paying jobs that builds on existing industry strengths and technological innovation. ■ Leverage the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. • Support market diversification by the tourism industry. ■ Promote expansion of public and private research activity in the region that offers the potential for the development of new products and the emergence of new industries. 2. Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. ■ Develop and maintain strong lines of communication between local government and businesses to ensure timely response to business needs. ■ Ensure that business taxes, fees, and regulations are reasonable and equitable. ■ Make regulatory processes efficient and transparent. ■ Provide financial incentives judiciously for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. ■ Increase the availability of technical and financial resources essential to entrepreneurship. ■ Foster the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. ■ Maintain transportation and utility infrastructure in good repair and make additional modernization investments as necessary in a timely manner. 3. Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. • Foster a community culture that recognizes and embraces innovation and entrepreneurship. ■ Invest in the resources and capacity that support new venture startup and growth. ■ Encourage youth to develop entrepreneurial talents. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A 4. Corpus Christi is a community of choice for talented entrepreneurs and professionals. LOLICIES FOR DECISION MAKERS ■ Foster a community culture that embraces diversity, values new ideas, and welcomes new residents. ■ Create a strong, positive image for Corpus Christi, both internally and externally. • Strengthen community institutions and amenities that provide a high quality of life. ■ Provide positive incentives for highly skilled individuals who have other locational choices to settle in Corpus Christi to pursue their careers. 5. Unemployed and underemployed workers have access to training and support services that enable them to improve their employment status and qualify for jobs offered by local employers. • Ensure that career training programs and other workforce development services are aligned with employer needs and responsive to changing employer demand. ■ Support an easily accessible and seamless service delivery system for jobseekers. ■ Promote provision of essential support services that enable workers to seek and maintain employment. • Promote a balance between responding to immediate labor force needs and planning for longer-term changes in the labor market. 6. Every student completes his or her education, whether high school or college, with the skills needed to enter a well -paying career. ■ Make school completion a high civic priority with broad community support and engagement. • Promote partnerships and encourage integrated early childhood services—incorporating cognitive, intellectual and emotional development, health, and family social services—to ensure that children entering school are ready to learn. ■ Promote provision of a range of age-appropriate career exploration and experience opportunities for children, beginning at the elementary level. ■ Promote alignment of education, including school boards and workforce development agencies, with the needs of local industry. 24 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Getting From Here to There: Transportation and Mobility Transportation and Mobility focuses on improving Corpus Christi's transportation infrastructure and systems, including expanding mode choices to encourage biking, walking, and public transportation while maintaining the roadway system for long-term effective use. Integrating land use and transportation planning, along with support for aviation, rail freight and shipping from Corpus Christi, are key goals for the future. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for Si fie 411s • • People can get around the city by multiple modes of transportation—connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. City services, infrastructure and utility systems—including streets—have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. 26 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies 1. Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians, public transportation, aviation, shipping, trucks and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, and sustainable development patterns. 2. Corpus Christi's street system is maintained to standards for long- term effective use. 3. Improve the design and function of neighborhood collector and local streets. 4. Corpus Christi has a convenient and efficient public transportation system. 5. Corpus Christi International Airport is the aviation gateway to the Coastal Bend and supports economic development. 6. Support and enhance continuing national freight rail service from Corpus Christi. • Support a multimodal transportation network that is integrated with land uses. • Support compliance with transportation design standards. • Support the development of mode -choice corridors for bicycles, pedestrian and public transportation. • • • • • Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. Support adequate and balanced funding sources for long-term operation and maintenance of the street network. Integrate transportation planning with utility infrastructure planning. Promote lower vehicular speeds and bicycle/ pedestrian use on neighborhood streets. Consider a reconstruction program for local streets. Support continued implementation of the Corpus Christi Regional Transportation Authority Long - Range Strategic Plan to prioritize funding to increase ridership and reduce single -occupancy vehicle use. • Support an operations plan to increase the efficiency and lower the life -cycle costs of the public transportation system. • Support transit -oriented development (TODs) near public transportation stations. • Continue to implement the Airport Master Plan. • Support enhancements to rail service essential to the city's economic success. • Minimize delays and improve safety at at -grade railroad crossings. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A '3 rirr Community Infrastructure Facilities and Services Infrastructure, Facilities, and Services focuses on the improvement of long-term water supplies, water security, waste -water treatment, solid waste disposal and storm water and drainage systems through cost-effective and environmentally sustainable initiatives. Proposed improvements focus especially on long-term planning that integrates management strategies to meet or surpass regional and state goals and standards. 28 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for .. • L %I f. L ' Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure and utility systems—including streets, drinking water supply, wastewater, and storm water management—have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost- efficient manner. (lfiauN' 'A! 1.71P1m- kg -isrit:efief,. • -- 21. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies 1. Corpus Christi has an integrated, sustainable water -resource management program that provides a long-term supply of the right water for the right use—drinking water for residents and processed water for business and irrigation— while ensuring the integrity of environmental systems. 2. Corpus Christi has long-term water security that exceeds state water quality requirements. 3. Corpus Christi has a cost-effective and environmentally sustainable wastewater -treatment system that supports existing development and accommodates future growth. 4. Corpus Christi has a storm water and drainage system that is environmentally and economically sustainable. 5. All residences and businesses have a dependable, environmentally safe means to dispose of solid waste. 6. The City maintains all municipal buildings and facilities for long-term use. 7. Buildings, facilities and open spaces, both public and private, comply with ADA (Americans with Disabilities Act) standards. 8. Corpus Christi has state-of-the-art broadband and telecommunications services. 9. The city's electric grid is protected and resilient. ■ Develop and maintain integrated water -management strategies of surface, reuse, conservation, aquifer storage and recovery and desalination. ■ Support a water system and management master plan to meet demand through the year 2060. ■ Continue implementing the city's water - conservation plan. ■ Support a strategic approach to providing adequate water, wastewater -treatment and storm -drainage infrastructure to support redevelopment and new development in targeted areas. ■ Provide a safe, efficient, and sustainable water supply, treatment, and distribution system in an environmentally sound manner. ■ Maintain and improve existing water infrastructure, including the incorporation of new technologies where appropriate. ■ Support improvements to meet state and federal standards. • Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. ■ Promote natural drainage approaches ("green infrastructure") and other alternative non- structural and structural best practices for managing and treating storm water. ■ Promote reduction of pollutants in the Bay by reducing storm water discharges. • Promote economic development by reducing potential losses due to flooding and water -quality degradation. ■ Review the creation of a more equitable billing system for storm water services. ■ Continue providing city and regional waste - management services. ■ Continue to maximize landfill capacity by supporting recycling that meets or exceeds state and regional goals. ■ Support investment in an asset -management system. ■ Continue to invest in best practices for long- term, life -cycle energy and resource efficiency in improvements, renovations, or new facilities. • Support programs to meet all outstanding ADA deficiencies in public facilities. ■ Make ADA accessibility information available to the public. ■ Seek provision of high-speed Internet and telecommunications access to all residents and businesses. ■ Work with electric service providers to upgrade the grid and put it underground. 30 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A 1. /0 .41-.1 t 1% !lbw121.. — 1 ..- fmg L . • " •r. ilibb. Oso Bay ELEMENT • IMO _I. r Asp ■ inPr . ailL iii -I ijt. u_ i�1liaws-- Future Land Use Zoning, and Urban Design Every comprehensive plan contains an element on future land use and a future land use map. The Future Land Use, Zoning, and Urban Design element sets forth the policy framework for the physical development of Corpus Christi over the next 20 years. It is the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the city achieve the community's vision for the future. The future land use map is not a zoning map but provides the foundation for zoning. It guides land -use decision makers when they are called upon to exercise their discretion in making rulings on rezoning and similar issues. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2035 Plan CC's Vision for • 0L L, : 00 L 9• �•L FROM THE VISION: Corpus Christi's growth has revitalized older parts of the city; created new live -work -play neighborhoods and downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development.... FROM THE PRINCIPLES: ® Pursue high-quality development. Make public investments a model of excellent design and function and establish high- quality design standards for private development. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. ® Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, and retail and services. This critical mass will then stimulate self-sustaining activities. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies POLICIES FOR DECISION MAKERS 1. Corpus Christi development patterns ■ Protect and enhance stable residential support efficient and cost-effective neighborhoods. use of resources and high quality of • Promote revitalization and redevelopment of older life. neighborhoods. ■ Support creation of a City redevelopment authority or similar agency. 2. Downtown and mixed-use urban and neighborhood villages provide walkable environments and new housing options. ■ Support planning to create urban and neighborhood villages. 3. Public and private developments ■ Adopt design standards and guidelines that result demonstrate high standards of design. in high-quality built environments. 4. Regulations to protect military and civil- ■ Adopt regulations consistent with the ian airfield and airport use are in place. recommendations of the Joint Land Use Study. 5. Transitions from residential enclaves to non-residential uses have occurred in industrial and aviation special districts. 6. Annexation plans provide for orderly growth in the southern ETJ and indus- trial agreements in the northern ETJ. ■ Support city involvement in setting up a fair transition process. ■ Adopt policies and regulations that ensure orderly development in annexed areas. Housing and Neighborhoods Preserve and support the character of stable residential neighborhoods. Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Locate multifamily development where there is nearby access to retail, services, and public transportation, such as in mixed-use centers or urban villages. Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. Avoid locating small areas of residential uses where they will be surrounded by intensive commercial or industrial uses. Mixed -Use Centers Promote residential and mixed-use development downtown. Provide for compact and walkable mixed- use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit - ready" locations. Provide for neighborhood villages— smaller mixed -used areas to concentrate neighborhood -serving retail and services along with some residential development. Efficient Development Patterns Locate new residential developments adjacent to and connected to existing development. Avoid "leapfrog" development that locates subdivisions far from other residential areas. Avoid development that is incompatible with the operation of military airfields and the airport. Use annexation powers combined with minimum lot size in zoning and infrastructure policy to promote orderly and efficient development in the ETJ. Locate heavy industrial uses close to one another and to services for industrial uses. Environment and Resilience Preserve and protect environmentally sensitive land and water. Preserve land around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. Avoid development without resilience measures and mitigation in areas vulnerable to hazards. a • IDULId OSfl • uei sop ue . PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A 1PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A u a o a d A PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A re Land Use Definitions RURAL USES Agriculture/Rural Enterprise This category includes farms and other enterprises that serve the rural population, such as convenience retail and gas stations, agricultural suppliers, and so on. Uses include: ® Single-family homes on very large lots or associated with rural enterprise uses ® Agricultural uses ® Vacant land that has not previously been developed ® Small business clusters that serve a rural population RESIDENTIAL USES The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities. Instead of a general residential category, the Future Land Use Map for Plan CC designates three density levels for single-family housing and a separate land use category for multifamily development and for mixed-use development, which can include housing. The purpose of this approach is to show multifamily housing locations. All residential categories also include schools, churches, and neighborhood -serving public uses. Where small enclaves of residential uses are surrounded by existing or planned light -industrial or intensive commercial uses, rezoning should not perpetuate or enlarge these enclaves. Single -Family ® Low-density single-family: up to 4 units per acre ® Medium -density: 5 to 12 units per acre (including two-family dwellings) ® High-density: more than 12 units per acre Multifamily ® Multifamily development can range from small apartment buildings with three or four units and townhouse developments to large apartment buildings. Smaller buildings of no more than three stories can coexist with neighborhoods of predominantly single-family housing, preferably located at intersections or on collector streets. ® Preferred locations for larger buildings include downtown and downtown -adjacent areas, locations within a walkable distance of urban village cores, and transportation and transit corridors. • COMMERCIAL USES Commercial land uses include retail and office uses that are typically open to the public at large. Other commercial uses, such as wholesale and distribution businesses, are included in the light industry category because they have similar impacts, such as high volumes of trucking. In Corpus Christi, 60 percent of retail development is located in the SH358/South Padre Island Drive corridor. The concentration of retail and other commercial businesses in this corridor is unlikely to change, particularly because so much of it is located on frontage roads to the highway. The desired change is for redevelopment and transformation of this commercial area into higher -value and more attractive development with higher design standards. Schools, churches, and neighborhood -serving public uses can be included in commercial land use areas. Zoning can distinguish among different types of commercial development including: Neighborhood Commercial ® Areas for neighborhood retail and services that meet the day-to-day needs of residents and workers of surrounding neighborhoods (typically within a 3 -mile radius) with a range of uses such as smaller grocery stores, banks, restaurants and services such as small professional and health offices, barber/ beauty shops, dry cleaners, and so on. ® These areas are accessible by automobile with sufficient parking, but also should be designed to accommodate pedestrian and bicycle access. General Commercial ® Commercial areas serving a citywide or regional trade area, including shopping and entertainment centers that offer a range of retail and service establishments, including large supermarkets, department stores, movie theaters, big box stores, and supporting retail and professional services. ® Office buildings or office uses on upper stories. ® Leisure and entertainment uses. ® General commercial areas are generally accessed by auto, but these properties should be designed to accommodate pedestrians and bicyclists, provide interior circulation between properties, and use appropriate landscaping to counter heat island and stormwater-management impacts. 36 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A INDUSTRIAL USES Most of the industrial uses within the city limits of Corpus Christi are light industrial; heavy industry is located in the ETJ industrial districts. Light Industrial ® Light industrial and office uses, potentially in "business park" settings, and typically near major transportation routes and services including highways, railroads, and airport facilities. Light industrial uses typically produce consumer or end-user goods, require limited amounts of raw materials and energy, and are small- to medium - scale in size. Examples include food processing, furniture manufacture, and consumer electronics. ® Small- to medium-sized warehouse and distribution uses. ® Urban agriculture to produce a mixture of foodstuffs for sale ® Supporting uses, such as minor retail and services that support the major uses. Heavy Industrial ® Heavy manufacturing and large warehousing and distribution facilities. ® Heavy industry is capital -intensive and generally sells to other industries rather than to final consumers. ® Uses that require significant truck traffic and/or rail connections. Supporting uses such as minor retail, services, and offices connected to the industrial use or serving an industrial park. ® Certain public uses, such as landfills, that have an industrial character and impact. TRANSITION DISTRICTS Special 1-37 Transition District The Special I-37 Transition District covers the residential uses west of the alignment of the new Harbor Bridge and north of I-37, such as Hillcrest and Dona Park. Located close to oil refineries and other industrial establishments, these neighborhoods have long been concerned about environmental pollution and contamination and have been losing population. The construction of I-37 cut them off from neighborhoods to the south. The Transition District designation indicates that over time the residential uses should leave this area and the designated land use should become light industrial or a buffer use (offices, supporting uses) within a heavy industrial district. The existing residential population includes both owner -occupants and tenants, predominantly low- income. The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other parts of the city. Special Aviation Transition District The Special Aviation Transition District is also a district for transition from residential to non- residential uses, but for a different reason. NAS -CC and the City prepared and adopted a Joint Land Use Study (JLUS) in 2013 that called for land use changes to ensure compatibility with military and civilian aviation. For NAS -CC, this means avoiding residential land uses and other concentrations of people between the military installation and South Padre Island Drive. Implementing this recommendation of the JLUS is particularly important for NAS -CC, one of the most important employers in Corpus Christi. The federal government is expected to begin another evaluation of potential base closings in 2017, and efforts to implement the JLUS will help secure NAS in Corpus Christi. Like the I-37 Transition District, the Aviation Transition District is home to a low- and moderate - income population of owner -occupants and tenants and the transition process is likely to take many years. A process providing for fair compensation and assistance should be put in place for this area as well and could involve reimbursement programs run by the Federal Aviation Administration. MIXED-USE AREAS Mixed-use centers, ranging from vibrant downtown environments to active urban villages, include residential, retail, and office uses. Mixed-use centers are pedestrian -friendly and provide concentrated population and activity centers that can support enhanced transit. The mixture can be vertical, with uses on different floors of a building, and horizontal, with different uses side by side, and include multifamily, townhouse, cottage and small -lot single-family residential, retail and services, offices, hotels and live/work structures. Buildings should be oriented to the street, with active ground -floor uses that provide easy pedestrian access. Parking should be located in the rear of the lot or to the side where PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A lots are shallow, or in parking structures. Shared parking districts can make parking more efficient and benefit the entire district. Uses that require large amounts of trucking are not suitable for mixed-use areas. Churches, schools and public uses are included in mixed-use areas. Plan CC has one mixed-use land use designation that includes three types of mixed-use districts, which can be distinguished through zoning or overlay districts: ® Downtown: Downtown is the largest center of pedestrian -oriented, mixed-use activity, with both vertical and horizontal mixture of uses, including housing, offices, ground -floor retail, services, restaurants and entertainment, cultural amenities, and so on. The mixture of uses creates avibrant 18- to 24-hour, 7 -day -a -week live -work -play environment. Urban Village: Urban Villages are medium- sized walkable centers that cover multiple blocks, include ground -floor stores and restaurants and upper -story offices, and typically have public transportation stops or stations. The types of stores, restaurants, and other amenities serve residents in the surrounding neighborhood and attract people from other parts of the city. ® Neighborhood Village: Neighborhood Villages are smaller, walkable, mixed-use villages that can be as small as a few blocks around an intersection. They primarily serve the surrounding neighborhoods with retail and services. ® A "collegetown" is a type of Urban Village, with retail, services, entertainment, and (often) housing, that is oriented toward the needs of students and located near a university or college or student -oriented housing. OTHER INSTITUTIONAL Hospitals, colleges, universities, and similar institutions, whether public or private, are designated as separate land uses because of their campus -like character, which requires special attention to edges and relationships with adjacent areas. GOVERNMENT Government uses include federal, state, county, regional and municipal government facilities and installations, except for government-owned institutions. PERMANENT OPEN SPACE Parks and playgrounds, recreational fields and facilities, greenways, and other green areas managed for public access and recreation FLOOD PLAIN CONSERVATION Lands within the 100 -year flood plan, preferably preserved for environmental reasons TRANSPORTATION Airports, railroads, highway and interstate rights-of-way. PLANNED DEVELOPMENT AREAS Planned development areas are lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. Designated on Padre and Mustang islands and in the potential annexation areas, planned development areas are expected to require a rezoning tied to a master planning process or an Area Development Plan process. Key: Future Land Use Map [facing page) Mixed Use Agriculture/Rural Enterprise Commercial Government Institutional Heavy Industrial Light Industrial Low -Density Single -Family Residential 38 1 PLAN CC COMPREHENSIVE PLAN 2035 Medium -Density Single -Family Residential High -Density Single -Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A I:3 Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction Planning District Central Business District Proposed Harbor Bridge Alignment �r ot li 1 ittialsow 114 Rig Adiri EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2085 Downtown Planning District Future Land Use FUTURE LAND USE Downtown Planning District € Mixed Use Agriculture/Rural Enterprise MI Commercial MN Government =Institutional MIHeavy Industrial Light Industrial Low -Density Single -Family Residential 40 I PLAN CC COMPREHENSIVE PLAN 2035 Medium -Density Single -Family Residential High -Density Single Fancily Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Ir Flood Plain Conservation Water 100 -Year Flood Plain 11:3 City Limit Extraterritorial Jurisdiction Q Planning District ^J Central Business District Proposed Harbor Bridge Alignment Westside Planning District Future Land Use FUTURE LAND USE Westside Planning District Mixed Use Agriculture/Rural Enterprise Commercial Government Institutional Heavy Industrial Light Industrial Low -Density Single -Family Residential Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction I= Planning District ^J Central Business District Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE PLAN 2035 Midtown Planning District Future Land Use 42 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Southside Planning District Picture Land Use 1 1 3 EXHIBIT A Flour Blu f Planning District Future Land Use Jtiiwarl FUTURE LAND USE Flour Bluff Planning District Mixed Use Agriculture/Rural Enterprise Commercial Government JJJJ■ Institutional Heavy Industrial Light Industrial Low -Density Single -Family Residential 1PLAN CC COMPREHENSIVE PLAN 2035 Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain I,. City Limit Extraterritorial Jurisdiction CI Planning District ^J Central Business District Proposed Harbor Bridge Alignment Padre/Mustang Planning District Future Land Use O 0 0.5 1 1.5 Miles FUTURE LAND USE Padre Island/ Mustang Island Planning District Mixed Use Agriculture/Rural Enterprise Commercial Government Institutional Heavy Industrial IN Light Industrial Low -Density Single -Family Residential Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction CI Planning District ^J Central Business District Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE PLAN 2035 1 45 CC Airport Planning District Future Land Use 46 1 PLAN CC COMPREHENSIVE PLAN 2035 iiiiiiiiimiimil �® EXHIBIT A Northwest Planning District Future Land Use PLAN CC COMPREHENSIVE PLAN 2036 EXHIBIT A Chapman Ranch Planning District Future Land Use 48 I PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A 11 uI,1JJ1I Stewardship and Implementation of the Plan This element focuses on implementation of the plan and has two sections. The first focuses on how to make Plan CC a "living" plan that is used, implemented, monitored and regularly updated, including organizational and incentive strategies to advance implementation. The second section provides a matrix of action plans that correspond to each of the plan elements. Although there is more focus on actions that the City of Corpus Christi government can take to implement the plan, many actions will also need the participation of private -sector partners. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies IIIM POLICIES FOR DECISION MAKERS 1. A new, long-range planning system is in place. ■ Establish a comprehensive plan system based on a twenty-year time horizon. ■ Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan. ■ Amend planning ordinances to reflect the new type of comprehensive planning system. 2. The comprehensive plan is subject to regular public review of progress. ■ Establish public review of progress in implementing the plan. 3. A new Planning Department is in place. ■ Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. 4. The City has enhanced and new tools to implement the plan. ■ Make City programs and resources consistent with implementation of Plan CC. ■ Use incentives strategically to create a critical mass of improvements in designated areas. 5. Implementation of the comprehensive ■ Use the plan in preparing and approving other plan is incorporated in decision- planning and implementation activities by City making at multiple levels. agencies. 6. The City has expanded funding options to achieve the goals. ■ Use the funding approach that fits the goal. ■ Build relationships with government funders and philanthropies. 50 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2035 ��Yi- EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 ADOPTED XXXX 2015 EXHIBIT A MEMORANDUM PLANNING COMMISSION'S FINAL REPORT To: The Honorable Nelda Martinez, Mayor Thru: Ron Olson, City Manager Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities Mark Van Vleck, P.E., Executive Director of Utilities From: Philip Ramirez, A.I.A., Chairman, Planning Commission v,_ Date: September 23, 2015 Subject: Planning Commission Recommendations on Plan CC The City Charter requires the Planning Commission to review the proposed comprehensive plan and make a recommendation to the City Council before the City Council can adopt it. On August 12, City staff and the planning consultant presented the draft comprehensive plan, Plan CC, to the Planning Commission and public. A public hearing was conducted, affording the public an opportunity to provide additional input beyond written comments submitted previously. After the public hearing, each Planning Commissioner submitted his/her individual proposed changes to Plan CC in writing to City staff. Staff compiled the commissioners' proposed changes and presented them for review and consideration amongst all Planning Commissioners at the subsequent regular meetings on August 26 and September 9. The Planning Commission discussed each commissioner's proposed change and then voted on whether or not to recommend that the change be incorporated into Plan CC. The Planning Commission also voted on whether or not to incorporate changes recommended by the public. Recommended changes resulting from public comments are identified and the public comment ID number is referenced. Enclosed is a spreadsheet listing all of the changes to Plan CC that the Planning Commission discussed and recommended for incorporation into Plan CC. This report serves as the official recommendation of the Planning Commission. PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 2 — Natural Systems, Parks & Recreation: 1 Braselton Page 13, Goal 1 — eliminate Oso Bay and Oso Creek as "swimmable." Replace "fishable and swimmable" with "meet EPA Water Quality Standards for their specific designated uses." The source of Oso Bay and Oso Creek bacteria has not been determined. Currently there is a TMDL/I-Plan underway for Oso Bay/Oso Creek for bacteria. This process will determine the source of contamination and include activities to address and restore the designated use for Oso Bay/Oso Creek which is "Contact Recreation." The language regarding these natural systems should not include that they are fishable/swimmable but that they meet EPA Water Quality Standards for their specific designated uses. Concur with Staff Recommendation. It was questioned whether the Oso Bay and Oso Creek will ever meet EPA standards for "contact recreation." 2 Baugh Page 14 - Supporting a fitness program to incorporate bike and walk trails into the park systems. No change. Plan CC includes policy to implement the Parks & Recreation Master Plan. Goal #3 of the PRMP calls for introducing new recreation facilities and opportunities that reflect evolving demographic and recreation trends, such as: trails, off-road biking, fitness programs, among others. No change 3 Baugh Page 14 - Include the upgrade and addition of activity/sports complexes throughout the city districts to attract tournaments to our area. No Change.Qfhis would be more of a strategy for Goal 1, policy point 2, in Element 5 "Diversifying the Economy...", which says to "Support market diversification by the tourism industry." The first draft of Plan CC identified sports tourism as a strategy. No change. It was noted that the Convention & Visitors Bureau is now working on expanding sports tourism. 1 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 4 Ramirez Page 13, Goal 1 under Natural Systems -- 2nd Bullet Point reads "Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay." This does not read clearly; not sure this is what was intended. Amend the statement as follows: "Support initiatives to improve water quality so that shellfish beds are open throughout the thrive throughout the Bay." Concur with Staff Recommendation city and can 5 Ramirez Goal 8 under Open Space, Parks & Recreation (Page 14) — Consider adding bullet point to suggest a reduction of the total number of parks that aligns with Parks & Recreations plan to downsize the inventory of underutilized parks. No change. This concept is already in the Parks and Recreation Master Plan, which Plan CC suggests to implement as one of the policies of Goal 7. No change Element 3 — Resilience & Resource -Efficiency 6 Braselton Page 17, Goal 4 — Less emphasis on Governments subsidized "renewable energy" and more on fossil fuel energy (i.e. natural gas) so abundant in our area. Upon PC's request, staff edited the Goal as follows: "...." Edit the 1st policy: "Make renewable- and clean -energy Concur with Staff recommendation options available to homes and businesses." Add a 2nd Policy - "Ensure residents and businesses are aware of the energy options available to them." Plan CC does not recommend "subsidized" renewable energy. Plan CC's goal is that renewable energy be an option for residents/businesses wanting to use it. For example, in 2010, the City created a zoning regulation to allow wind energy units at businesses and dwellings so that they can be permitted in the city while not creating nuisances. 7 Ramirez Page 17, Goal 3 under Resource Efficiency, 3rd Bullet Point — Consider adding language for the City to consider adding a line item in the project budgets of public facilities for energy efficient systems, similar to that of the 1.25% Arts requirement. No change. liThis is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will noted for consideration in the Implementation Plan. No change 2 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 8 Ramirez Goal 6 under Resource Efficiency (Page 17), Third Bullet Point — Consider adding community gardens as an option in lieu of dedicated park land for new subdivisions and developments No change. This is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will noted for consideration in the Implementation Plan. No change 9 Lippincott Add to Items 5, 7, or 8 — Expand enforcement and maintenance plans to ensure our beaches & parks are kept clean. Staff feels Plan CC already covers maintenance if beaches and parks. Beaches are managed by the Parks and Recreation Department. The Parks & Recreation Master Plan (PRMP) also identifies maintenance as an issue. However, under Goal 8 -- Add "beaches" in the goal and policy bullet point #1. Goal: "Parks, beaches..." Under the policy, amend Concur with Staff recommendation as follows: "Provide adequate resources for basic maintenance and operation of all parks, beaches, recreational facilities, and other green public spaces, as discussed in the PRMP, and for enforcement of City regulations that protect the quality of these public spaces." Element 4 — Housing & Neighborhoods 10 Braselton Page 20, Goal 1— "... housing policy to guide..." we have zoning ordinances that do this already. I would want a better explanation of the limits of "guide" and "policy". Recommend changing the statement to read as follows: "Corpus Christi has housing to Concur with Staff recommendation a comprehensive policy guide advise the City on development of quality neighborhoods." "Housing Policy" is about making sure everyone has good/decent housing. This is not meant to be a zoning ordinance. Housing policy can provide a set of approaches to achieve more affordable housing and efforts to create housing policy should include the public and private sectors in developing the policies. 3 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 11 Braselton Goal 7 – Eliminate references to "Urban Village." Our area is not conducive to walkable neighborhoods for climate and for retail availability. I hate to see money invested in a program that could easily not meet wide spread community support after a few fruitless years. No change. 1. The plan provides for a relatively small number of mixed-use, walkable centers—the mixed-use land use designation amounts to 4% of the existing city acreage. 2. Participants in the planning process generally supported the idea of having more choice in housing and transportation. 3. Over the course of 20 years, providing more diversity and choice in Corpus Christi will make the city more competitive. 4. Other Texas cities are establishing this kind of diversity and choice and attracting new residents. 5. Urban villages—which are simply modern versions of traditional neighborhoods that existed in Corpus Christi many years ago—would provide a choice that is increasingly desired by a portion of the housing market. 6. Both urban villages and downtown revitalization have to be supported by housing—tourism and office traffic is not sufficient. Access to nearby employment (such as the Christus Spohn Hospital complex) or colleges (such as the future southside campus of Del Mar) also attract people to urban villages. 7. There are many examples of successful walkable urban village style developments in Texas, as well as in other parts of the country. No change 4 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 12 Braselton Goal 8 — "mixed" neighborhoods are not acceptable to most city residents as it relates to apartments and single family — some degree of separation should be maintained such as in our present zoning ordinances. Upon PC's request, staff rephrased the policy as follows: "The design of new developments promotes a broader Concur with Staff Recommendation sense of neighborhood and community rather than creating isolated developments with a lack of interconnection ." Regarding mixed-use development: New design approaches, including transitions in height and density, are needed to create compatibility between single family and multi -family housing, as well as provision of amenities and walk -to neighborhood retail. 13 Baugh The plan should support the creation of local committees for each district. Committees made up of residence, developers and local leaders that can help coordinate the future plans and development. This will help determine what the end users wants or needs. This will allow the residence to buy -in to the future plan/development within their communities. It will create a sense of pride and involvement for the various districts. No change. Stakeholders will be involved in the updates of the various Area Development Plans. Also, see Goal 6, which calls for promoting the organization of neighborhood associations as part of helping to sustain and maintain established neighborhoods. Planning Boards by district are often found in cities much larger than Corpus Christi, but Plan CC suggests beginning to identify neighborhood associations. Corpus Christi currently does not maintain a list of homeowners or property owners associations, which could be valuable list of stakeholders to include in notifications or for input or to assist in implementing Plan CC. Concur with Staff Recommendation 14 Ramirez Page 20, Community Identify (think this should read "Identity") and Sense of Place. Fix typo. Concur with Staff's recommendation 5 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 15 Ramirez Page 20, Goal 8 under Community Identity and Sense of Place, Second Bullet Point — Suggest defining more clearly what is meant by "Facilities." Rephrase the statement as follows: "Ensure that safe Concur with Staff recommendation pedestrian and bicycle facilities routes are available in new and redeveloped areas." "Facilities" was technical language for sidewalks, bike lanes, bike routes, etc. -- any type of feature intended to aid the pedestrian or bicyclist. 16 Crull There needs to be more emphasis on affordable housing. Concur with Planning Commission's recommendation. The Implementation Plan will have more detail on how to provide affordable housing. However, Goal #2 addresses affordable housing and so does Goal #1 in speaking about creating "housing policy." Add "including affordable housing" to the end of Goal 2 so that it reads: "Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle, including affordable housing." 17 Lippincott Page 20, Add to Goal 6, 3rd Bullet Point — To keep them safe and free from crime. Staff recommends adding this phrase as suggested to read: "Promote the organization of neighborhood associations and community initiative to maintain neighborhoods and to Concur with Staff recommendation keep them safe and free from crime." Element 5 — Diversifying the Economy & Strengthening the Workforce 18 Villarreal Page 23, Goal #3 — Develop partnerships with local colleges/universities and industry to promote and utilize existing and new entrepreneurial programs. Add this as a policy under Goal #3. Staff suggests the word "use" instead of "utilize." Concur with Staff recommendation, but include business organizations, such as Young Business Professionals, not just colleges/universities and industry. "Develop partnerships with local colleges/universities, a -Rel industry and business organizations to promote and utilize existing and new entrepreneurial programs." 6 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 19 Ramirez Page 24, Goals 5 — Consider adding a bullet point that speaks to promoting a drug-free labor force. 2nd policy under Goal #5, add examples of the type of essential support services that could be offered. Rephrase the statement to read: "Promote the provision of essential support services, such as childcare, transportation, and Concur with Staff recommendation. It was noted that a drug-free labor force is especially important for industrial sector jobs where safety is important. substance abuse counseling, that enable workers to seek and maintain employment." 20 Ramirez Page 23, Goal 23, 5th Bullet Point — Corpus Christi is able to attract..., — Suggest creating a new position to act as a Community Liaison for Development who can act as a single point of contact for developers looking to develop a project within the city and direct them to the proper programs and or agencies to make the development process more efficient. No change. This suggestion is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will be noted for consideration in the Implementation Plan. No change 21 Lippincott Page 23, Add to Goal 5 — Develop partnership between industry and local education systems to develop programs that provide training necessary to meet the demands. No change. Staff feels that Goal 6, 4th bullet point covers this topic. No change Element 6 — Transportation & Mobility 22 Ramirez Page 27, Goal 5 -- Consider adding a bullet point that seeks to provide additional flight destinations and perhaps incentivize them if necessary to get them established and profitable for the airlines. No change. Goal 5 calls for implementing the Airport Master Plan. This comment is more appropriate for consideration in the Airport Master Plan developed by Corpus Christi International Airport (CCIA). Note that smaller airports have a difficult time getting more flights. Corpus Christi may have to pay an airline to provide more flights out of CCIA. Add a policy that says, "Support enhancements to airline service." 7 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 23 Braselton Page 27, Goal 1 - I do not support bicycle lanes across the city but only in areas for recreational riding and downtown area. Too many $$$ for a very small percentage of population now and future. It is too hot and humid 10 months of the year to bicycle to work or shopping. No change. Plan CC does not recommend bike lanes or routes belong on every city street. Additionally, the Metropolitan Planning Organization is undertaking a data - driven study called the "Strategic Plan for Active Mobility" to identify the best locations for bike routes/lanes and the most effective type of facility needed in an area. The MPO's plan could later be adopted the City Council in order to implement it's recommendations. No change 24 Braselton Page 27, Goal 3 — No need to lower speed limits on neighborhood streets nor fit them for bicycles. We have sidewalks for pedestrian traffic as part of our street requirements. No change.l1. Not all neighborhoods have sidewalks. 2. At neighborhoods' requests, speed bumps have been installed on local and even collector streets. 3. Citizens will not want to walk or bike if our street systems make them feel unsafe. Lower traffic speeds on neighborhood streets by design is one way to make citizens feel safer walking/biking. No change 25 Baugh The bike and walk mobility should be focused in new developments. Adding a bike lane to already congested street traffic (Staples) is not the best use of this space. Adding additional lanes (drive or turn) would be more beneficial. No change. The City recognizes that bike lanes need to be installed in strategic locations where they will be used more regularly. See response to Comment #20. No change 26 Baugh Lower vehicle speeds in the neighborhoods is only good if there are officers there to enforce it. Speed humps would be a more feasible solution for slowing down traffic to allow for biking, walking and children safety. No change. Lowering speeds can be accomplished through street design . For example, the wider the street, the faster people feel comfortable driving. The Unified Development Code already provides some alternatives for street designs that might lower speeds on neighborhood streets. MobilityCC also offers thoughts on street design alternatives. No change 8 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 27 Villarreal Page 27, Goal #1 — support and coordinate with CC MPO projects, plans, and initiatives. Add this as a policy under Goal #1: I7'Support and Concur with Staff recommendation coordinate with the Corpus Christi Metropolitan Planning Organization's projects, plans and initiatives." 28 Lippincott Page 27, Change Goal 2, 1st & 2nd bullet points: "Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs." and "Support adequate and balanced funding sources for long- term operation and maintenance of the street network." — Change "support" to "develop." I No change. Strategies and actions will develop the policies/programs. Efforts are underway. No change 29 [2nd Round Public Comment #13] Public 8. Page 27: Goals -- a. Change the wording of the third bullet point under 2. to — "Integrate transportation planning with utility infrastructure and neighborhood development planning." b. Second bullet point under 3. — Change the word "Consider" to "Create" The following changes are recommended: 8. Page 27, Element 6 -- a) Goal 2 — street system; policy three — "integrate transportation planning with utility infrastructure planning." Adding "neighborhood planning" after "transportation planning" is a good idea. b) Goal 3 — reconstruction program for local streets — change "consider" to "create." Concur with Staff recommendation 30 [2nd Round Public Comment #27] Public Page 27, Add Item 7. Goals -Promote and Support a Plan for a second access on and off Padre Island; policy — maximize evacuation; diminish risks in traffic congestion; enhance safety; promote safe growth Add a 7th goal to the Transportation and Mobility Element as suggested in the public comment that supports a second access to Padre Island. Concur with Staff Recommendation Element 7 — Community Infrastructure, Facilities & Services 31 Braselton I support all of these goals. My concern is who will pay for all these? Are they all realistic? No change. Staff needs more direction on any proposed changes to this element. No change 9 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 32 Villarreal Page 30, Goal #2 — add innovative and cost effective technologies Second policy -- Restate as "maintain and improve existing water infrastructure, including the incorporation of new Concur with Staff recommendation innovative and cost effective technologies where appropriate." 33 Ramirez Page 29, What is that picture of??? Consider replacing it, not clear as to what it is or what it is trying to communicate. Replace the photo with a more communicative photo. Concur with Staff recommendation 34 Crull Regarding the growth south of Oso Creek, I don't know if this goes in the Comprehensive Plan or Implementation Documents. A decision needs to be made as to whether core services (Wastewater and Drainage) in addition to water are going to be provided. Without wastewater and drainage, the large tract development will continue. Master plans for these facilities have been prepared but never adopted. The land use plan for the area shows a large area designated as Planned Development but this doesn't spell out any categories. The same comment is applicable to the Northwest area south of FM 624. No change. This kind of decision would need to be made after further study, beyond the scope of the Comprehensive Plan. Storm Water and Wastewater Master Plan updates would also be needed. While Plan CC identifies these areas for future annexation and areas of growth, the City needs to study in more detail the annexation of these areas, service plans, and the cost of allowing development in these areas. The Planned Development land use category for the areas south of the Oso Creek and in the Northwest indicated a need for further planning through the Area Development Plan updates. There is concern about the cost of growth on tax payers and impacts on infill and taking care of current neighborhoods. Concur with Staff recommendation 35 Braselton Page 30, Goal 7 - Reword to read " verify that all buildings that are required to comply to ADA standards do comply." Staff recommends rewording as follows: "Buildings, facilities and open spaces, both public and private, comply with all Concur with Staff recommendation laws and regulations regarding accessibility as required ADA {Americans with Disabilities Act) standards." 10 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 8 — Future Land Use, Zoning & Urban Design 36 Ramirez Page 32, From the Vision, Need to somehow work the South Side Development in here, I think we have all established that it is going to continue and that the infill development and South Side growth do not have to be at the expense of one another. Revise the first phrase to read: "Corpus Christi's growth has revitalized older parts of the city and established new Concur with Staff recommendation neighborhoods in the south side and northwest areas;..." 37 Ramirez Page 37, Future Land Use Definitions -- Transition District: I think there has to be a better term than "Transition District." Remember these are still existing neighborhoods. Also, "leave this area" needs to be toned down, suggest "relocate to another area." Recommend rephrasing as "relocate to another area." Concur with Staff recommendation 38 Braselton Page 33, Goal 1, 2nd Bullet Point — Realize "infill" and "revitalization" are hampered by high redevelopment costs and by availability of suitable lots and infrastructure. Also new or revitalized streets in these areas have to be maintained by the city just as do new suburban streets. No change No change 39 Braselton Page 33, Goal 2 — "urban village" — see previous comments. No change No change 40 Braselton Page 33, Goal 3 — omit "design standards" for private developments. No change. Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. No change 11 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 41 Braselton Page 33, Goal 6 — annexation policies cannot include "1 lot/20 acres" zoning for newly annexed areas as previously mentioned. To wait on city to provide basic water and sewer services to proposed annexation areas in Plan CC 2035 will likely prevent their annexation and thereby they will not in city control. Not good. No change. This comment is related to the strategies and actions of the first draft of Plan CC. No change 42 Crull The issue of the transition zones north of IH 37 needs to be resolved. On one hand, Lamont Taylor and his group are advocating revitalization of Hillcrest. On the other hand Susie Saldana and her group are raising money to move people out of there. No change. A specific plan for this transition with community participation would be needed. A planned transition for the whole neighborhood is more likely to provide a better outcome than the continuation of incremental incursion by non-residential uses and declining values. No change 43 Braselton Page 32, From The Principles -- about High Quality Development delete "...and establish high-quality design standards for private development". "High Quality" is a very subjective term. The current building code covers private design standards adequately. No change. Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. Once a building is constructed, the public doesn't have an opportunity to do anything about it. "High quality" will be defined by Corpus Christians when they give input on the establishment of design standards. No change 12 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 44 Braselton Page 33, Land Use Principles, under Housing & Neighborhoods -- Delete 3rd bullet point. Multifamily location is sufficiently guided by zoning ordinances. Additional guidance is not needed and counterproductive to providing for adequate volume of housing. Recommend a change: "Promote the location of Locate Concur with Staff recommendation multifamily development where there is nearby access to retail, services, and public transportation...." [Staff's recommendation concurs with a recommendation made by Public Commenter #13 in the 2nd Round Public Comment Summary and with stakeholders of the Builders/Realtors Associations that staff met with.] Note: The location of multifamily uses is guided by the current City Zoning Map, the Future Land Use Map, and decisions on rezonings. For clarification, the zoning ordinance does not guide the location of multifamily uses. The zoning ordinance only dictates setbacks, height, open space, and buffering. 45 Braselton Page 33, Land Use Principles, under Mixed -Use Centers -- Change "provide...mixed-use...." to "accept...mixed-use...." Change "provide" to "promote" rather than to "accept." Concur with Staff recommendation 46 Braselton Page 33, Land Use Principles, under Efficient Development Patterns -- Eliminate 1st & 2nd bullet points. Subdivisions are often not able to be adjacent due to existing zoning, land availability, geographic concerns, etc. thus making "leap- frogging" the only alternative. No change. The Plan says to avoid leapfrog development so that subdivisions are not far from each other. Amend the 2nd Bullet Point as follows - "Where applicable, Aavoid 'I apfrog' scattered site development that locates subdivisions far from other residential areas." 47 Braselton Page 33, Land Use Principles, under Efficient Development Patterns - 4th Bullet Point — "Use annexation powers lot in zoning infrastructure No change. Zoning regulations on lot size and infrastructure Recommend change as presented by Commissioner Braselton. policy are two of the City's primary tools for ensuring orderly growth. Staff does not recommend eliminating this phrase. combined with minimum size and y to promote orderly and efficient development in the ETJ." 13 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 48 Braselton Page 33, Land Use Principles, under Environment & Resilience -- Second bullet point: insert "public land" after "Preserve" at start of sentence. "Preserve public land No change. A public entity or a private entity can help preserve land. The land often starts as being private. Some City ordinances, specifically the Cluster Housing Development Overlay, give private developers incentives in the form of increased density if they help to preserve sensitive lands or created recreational spaces on sensitive lands. Also, the adopted Oso Parkway Plan calls for creating ordinances such as the Cluster Housing Development Overlay so that private developers can help contribute to this effort. No change around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land." 49 Braselton Page 36, Future Land Use Definitions - Single Family is 1 house per lot. All others are variations of Multi -Family i.e. low density (2 -4 units) medium density (8 -20) etc. Same response to Public Comment #13 from the 2nd Round Comment Summary: Rename the residential land use categories in this way: • Low Density Residential — up to 4 Dwelling Units Per Acre, color code is Light Yellow • Medium Density Residential — 4 to 13 Dwelling Units Per Acre, color code is Bright Yellow • High Density Residential — greater than 13 Dwelling Units Per Acre, color code is brown This eliminates the category of "High Density Single Family Residential." The names of the categories would no longer reference single- or multi -family, rather just "residential" with an associated density. Concur with Staff recommendation 14 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 9 — Stewardship & Implementation of the Plan 50 Braselton Plan CC 2035 has lofty goals and is very ambitious. My concern is without any reference to cost/benefit we find that some of these goals are really unattainable. I think there must be $$$ associated with these goals and a clearer picture of who will pay for this through taxes, assessments, user fees, impact fees, etc. No change. These issues will be worked out in the implementation plan and prioritization of action items. No change 51 Braselton Page 50 -- Add some specific language with regard to the periodic review by city leaders. Establish a goal to review and update the plan on an annual basis, identifying short term (annual), mid-term (5 years) and long-term goals with specific objectives. Add a policy to Goal #2: "Review and update the plan on an annual basis, identifying short term, medium-term and long - term goals with specific objectives." Concur with Staff recommendation 52 Hovda Goals 1-6 -- How can a Plan that has 50 goals within 8 elements and 120 policies associated with those 50 goals be implemented with only 6 goals and 10 policies? No change. An implementation plan will be developed once the goals/policies of Plan CC are adopted. No change 53 Hovda Goal 1- "Establish a comprehensive plan system based on a twenty-year time horizon" What specifically does this mean? Does this have a deadline attached to it? Who is in charge of this? Is this just actually Plan CC? If this is reflecting Plan CC, then I don't understand why it's a bullet or a policy... seems redundant. No change No change 15 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 54 Hovda Goal 1 - "Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan" - Which department is tasked with all the area and specific plans (i.e., the Parks Master Plan, the Airport Master Plan) and comparing it to Plan CC to make sure that they're in line with each other? If that has already been done through the process of Plan CC, then why is it a bullet on the implementation list - seems redundant. No change. The Parks & Recreation Dept. is responsible for the Parks & Recreation Master Plan. The Airport is responsible for the Airport Master Plan. A Planning Dept. or city planning staff are responsible for Area Plans or Specific Plans for a neighborhood. These Master Plans (the "sub - plans") are created or updated. During creation or updating, staff needs to make sure these "sub -plans" are on target with the Comprehensive Plan. No change 55 Hovda Page 50, Goal 1, 3rd Bullet Point -- "Amend planning ordinances to reflect the new type of comprehensive planning system" - Which department will oversee existing ordinances and amend them? What is the deadline to achieve this goal? Will City Staff proactively change the ordinances or will they be amended when it's ascertained reactively that the ordinance does not match the 20 year plan? No change. A re-established Planning Department (or planning group) will proactively amend ordinances to implement Plan CC. Deadlines for achieving the goal will be identified in the implementation plan. No change 16 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 56 Hovda Page 50, Goal 2, 1st Bullet Point -- "Establish public review of progress in implementing the plan." Does this happen during Planning Commission meetings? Will their be an agenda item on Planning Commission meetings to review progress? Will this take the form of public meetings, much like the public input process for Plan CC? No change. See response to comment 51. This will be addressed in the implementation plan. Ideas for action can include reviewing progress annually before the Planning Commission and City Council in a joint public:earing, creating a Plan CC Advisory Committee to be stewards of the plan and monitor progress, and scheduling a public process every five years to confirm or revise the plan and review progress. No change 57 Hovda Page 50, Goal 3, 1st Bullet Point -- "Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans" Is there a word missing? Also - is this new Planning Department funded in FY 2015-2016? If not, when will this Planning Department be funded to implement Plan CC? It does not make sense to have this as a goal or policy if there is not a plan to fund it. No change. The Planning Department is currently funded. Where funding is not already in place for items identified in Plan CC, getting funding is part of the City Council's budget approval process. No change 58 Hovda Page 50, Goal 4 -- 1st Bullet Point: "Make City programs and resources consistent with implementation of Plan CC" - this is vague? What specific resources are you referring to? What department will oversee that this consistency policy sets the standards and metrics to measure this goal? No change. See comment below. No change 17 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 59 Hovda Page 50, Goal 4, 2nd Bullet Point-- "Use incentives strategically to create a critical mass of improvements in designated areas." Are there existing incentives in place that this policy is referring to? If so, which department will coordinate with the other departments or governing bodies to implement these strategic incentive initiatives? No change. Some incentives options are in place, such as 380 Agreements, Public Improvement Districts, Tax Increment Financing, property -tax abatement, HUD Section 108 Loan Guarantee Programs, streamlined permitting, Municipal Management Districts, Sales Tax for economic development (Type A funds), development fee exemptions or waivers, water and sewer capital improvement, and Municipal Housing Finance Corporation, while the City could still adopt the use of new incentives, such as Neighborhood Empowerment Zones, and Local Government Corporations. Planning staff would likely be responsible for coordinating efforts so that the City gets more "bang for its buck" -- meaning be strategic in investments to achieve a visible difference. No change 18 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 60 Hovda Page 50, Goal 5, 1st Bullet Point-- "Use the plan in preparing and approving other planning and implementation activities by City agencies." Will Plan CC become the guiding policy? I am imagining everyone in every department meeting carrying a copy of Draft 2 to a meeting and refer to it as they make all decisions... what is the practical, real meaning of this policy? Is this something that all developers and business partners of the City need to follow as well? This policy seems to have a strong education component to it. Will there be continuing education (bi-monthly, quarterly, yearly?) and training for City Staff to review and be an extensive knowledge base of this Plan? It seems to be that this policy requires that many levels of employees in all departments become subject matter experts on Plan CC. If this is true, what will be done to ensure that this knowledge base is part of staff development? No change. The implementation plan will address this further. The implementation plan may discuss designating a person to coordinate and oversee implementation. The implementation plan may also discuss how to support staff, whether by training or providing resources, so that they can work together to implement the plan and achieve its goals. No change 61 Hovda Funding - have we already identified these funding mechanisms? Without funding, this plan cannot be implemented. I am very interested in the funding model that is currently recommended to implement this plan. No change. Plan CC's strategies in the implementation plan address ideas for outside funding and being strategic in using funds. Strategies for funding mechanisms are in the implementation plan, but the selection of how to fund an idea or project requires department level business planning and sometimes City Council approval. No change 19 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 62 2nd Round Public Comment #1 Concerns about a statement in the Future Land Use Definitions, section Transition Districts, under Special 1-37 Transition District and Special Aviation Transition District that states, "The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other part of the city". (Page 37) This is more like a policy than a definition and should be removed. Remove the statement in the definition section. Concur with Staff Recommendation 63 2nd Round Public Comment #4 Our land is highly impacted and devalued by this land use plan which designates our 400 acre Tufts Cove property on Mustang Island as "Open Space". This is the property which provided access to Wilson's Cut and goes north on the Bay Side. Our land use plan is attached. We have not submitted to the City as we have been working on grading permits. We realize this plan attached may not be close to the final but is a good example of the mix of homes, commercial and cluster residential that we believe will draw well in the market, provide a good tax base for the City and a unique experience for the residence. Please let me know the steps I need to take to insure that our property can be developed in a manner consistent or similar to that attached. Change this property's future land use designation to Planned Development while retaining a small portion on the bay as Flood Plain Conservation, similar to today's adopted Future Land Use Map. The area on Mustang Island between the Fire Station on the south and the City limit line on the north end should be designated as Planned Development in the Future Land Use Plan. Concur with Staff Recommendation 20 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 64 2nd Round Public Comment #13 4. Pg. 17 Element 3, Goal 5, a. Resource Efficiency — Add a bullet point under 5. — "...and adopt the Coastal Bend Green Built as the official Green residential program of the City of Corpus Christi." 4. Pg. 17 -- Element 3, Goal 5, potential additional policy: potential language could be: "Support the Coastal Bend Green Built program or any equivalent program as the green building standard for residential development and promote LEED (Leadership in Energy and Environmental Design) standards or the equivalent for non-residential building." Concur with Staff Recommendation 65 2nd Round Public Comment #19 On page 44 of the second draft tract; 16.35 acres of Lot 19, Section 40, Flour Bluff & Encinal Farm & Garden tracts is classified as Flood Plain Conservation. A significant portion of this acreage is not located in the flood plain. I request that the map only classify the portion of this tract that is in the flood plain as Flood Plain Conservation and the remainder be classified the same as the surrounding tracts Plan CC Future Land Use Map has a category called Flood Plain Conservation, which indicates property located within the 100 -year flood plain. This category is similar to the today's land use category called Conservation/Preservation. Recommendation: Staff recommends that the Plan CC Flood Plain Conservation designation in the Future Land Use Map match the areas designated in today's Future Land Use Map as Conservation/Preservation, which would reduce the amount of land categorized as Floodplain Conservation in both the South Side and Padre/Mustang Island areas. However, following adoption of new FEMA maps, the City should review the boundaries of the Flood Plain Conservation designation in the Future Land Use Map. Concur with Staff Recommendation 21 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 66 2nd Round Public Comment #25 In 2014, I bought 227 acres on Mustang Island. It is in CC on the west side of 361 & just north of the Island Construction site. The area is zoned rural farm. Besides farm/ranch use, I understood that this designation is sort of a holding zone. Once an owner has a use plan, the owner can present it and request a zoning change which may or may not be granted. I have several ideas for development of a portion of the tract. Under the proposed development plan, this tract is to remain open space. I strongly oppose this proposal. It seems the rules are being changed in the middle of the game. Thank you for your consideration of my input. Change the Future Land Use Map designation to Planned Development in the area on Mustang Island north of Fire Station 16 and south of the City Limit Line. Concur with Staff Recommendation 67 2nd Round Public Comment #28 Cape Summer on Padre Island is already platted and planned for commercial, mixed, resort uses. Change this property's designation in the Future Land Use Map to Planned Development not Flood Plain Conservation. Concur with Staff Recommendation 68 2nd Round Public Comment #29 The color -coding of the Future Land Use categories Flood Plain Conservation and Permanent Open Space are too similar. Find a way to better distinguish the two categories. Consider adding cross -hatching in thin black line to the Flood Plain Conservation layer. Concur with Staff Recommendation 69 2nd Round Public Comment #30 The property around Island in the Son Church is planned for development. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 70 2nd Round Public Comment #31 The southwest corner of Whitecap and SPID is private property planned for development not permanent open space. Change this property's designation in the Future Land Use Map to Mixed Use to fit in with the Neighborhood Village concept proposed by Plan CC on the east side of SPID. Concur with Staff Recommendation 22 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 71 2nd Round Public Comment #32 The north side of Packery Channel is anticipated for commercial development. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 72 2nd Round Public Comment #33 The areas between the Seawall and Leeward Drive are in need of commercial uses within walking distance of residential uses/tourist accommodations and the beach. Change this area's designation in the Future Land Use Map to Mixed Use. Concur with Staff Recommendation 73 2nd Round Public Comment #34 Two "fingers" of land are missing north of Whitecap, east of SPID. Update the maps in Plan CC to show these land masses, and designate them in the Future Land Use Map as Medium Density Residential (4-13 units per acre). Concur with Staff Recommendation 74 2nd Round Public Comment #35 Padre Isles Golf Course should not be planned for commercial development. Change this property's designation in the Future Land Use Map to Permanent Open Space. Only the area of the golf course developed by Schlitterbahn should be designated as commercial. Concur with Staff Recommendation 75 2nd Round Public Comment #36 The property just northwest of the Schlitterbahn property should not be designated as commercial in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 76 2nd Round Public Comment #37 The triangular piece of private property on Aquarius Drive across from the City park and Fire Station should not be designated as Flood Plain Conservation in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 77 2nd Round Public Comment #38 Though outside city limits, the Port/Ship Channel (Industrial District) should be Heavy Industrial in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Heavy Industrial. Concur with Staff Recommendation 23 of 23 Plan CC Comprehensive Plan 2035 pj cc City Council Public Hearing October 13, 2015 Schedule 0 PLAN cc • October 13 - Presentation & Public Hearing • October 19 - Council Members Submit Comments • October 27 -1St Reading of Ordinance ❑ Vote on Changes to the Plan • November 10 - 2nd Reading of Ordinance Highlights of the Plan 0 PLAN cc Expanding choices to create a more competitive city • Creating options for current and new residents • Housing/ Neighborhoods • Transportation • Potential 20-50,000 new households • Development both within and outside the current city limits. • Taking care of our infrastructure. • Protecting/ enhancing parks & natural resources. • Enhancing quality of life by improving places and connections. Framework for the Future 0 PLAN CC ✓ The Vision: a shared vision of what kind of city we want to be in 20 years ✓ The Principles: a shared set of values to guide planning and implementation ✓ The Goals: our target conditions to achieve the vision ✓ The Policies: guidance for decision -makers making choices for the city's future What Citizens Said 0 PLAN CC • "I like that you are trying to make Corpus a more livable city for young people." • "More research/entrepreneurial advancement would be a gold mine." • "Most people are moving to the south side for a reason, probably good reasons no one should second guess." • "Encouragement of alternatives to have an urban life style as opposed to only have suburban apartment or housing options is a big deal to new professionals." The Vision 0 PLAN CC ✓ Our broadly diversified economy provides opportunity for all. ✓ Modernized city services and systems support growth and vitality in all parts of the city. ✓ High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. ✓ Stewardship of our natural heritage and green space networks strengthens our unique character and supports resilience. Key Concepts: Economy & Workforce 0 PLAN CC • Create a diversified economy with well paying jobs that build on existing industry strengths and technological innovation. • Build a robust entrepreneurial ecosystem. • Provide opportunity to build new skills for better jobs. • Make school completion a high civic priority with broad community support and engagement. • Make the city a place that is attractive to talented professionals and entrepreneurs. Key Concepts: Housing & Neighborhoods 0 PLAN CC Diverse households at different stages of the life cycle need different housing choices. Young Professionals Empty nesters tit You ng Fa mines ✓ 64% of households have no children under 18 ✓ 57% of households are one - or two -person households c � f -tit t 'sem• \ • "J C'r'!] +"� h1ULT1PLE LivE/uIORK \ DETACsiEID BINDLE—R4FtlLY HOMES 4, 9lJNC 4LCJU! TQUNNOUBE X \ a " TRIPLEX 4 4Cpp1TYTO COURT 1 -- - DUP i < FGUl2PLEX `'itoPLE i-tous N� a - - r+�sSrN� russey-1ee1r-ceb:nee11,aa ^e MOpkos o.ss` OYTICOS IYmrmm 0 2015. Oebca, ©.sp\ Inc 8 Key Concepts: Housing & Neighborhoods 0 PLAN CC • New options to complement traditional suburban -style development. • Downtown housing to drive revitalization and vitality for residents and visitors. • Mixed-use urban villages and "collegetowns" to upgrade traditional neighborhoods and create compact centers within new neighborhoods. 9 Key Concepts: Transportation & Mobility CC • Repair and maintain street infrastructure. • Develop bicycle and pedestrian networks to safely link destinations. • Provide frequent, comfortable, and convenient public transportation. Key Concepts: Infrastructure and Facilities • Long-term water security • Cost-effective, environmentally sound, and sustainable water, wastewater, storm water systems • Public facilities maintained for long-term use • Utilities to support competitive economic development and growth 11 Key Concepts: Land Use, Zoning & Urban Design P,oN cc ArrIN 1950 - 2010: City area grew 3 times faster than population n. , ,,r, Date mi Original - 1653 1920 - 1929 in 1930 -1939 1940 -1949 1950 - 1959 1960 -1969 im 1970 -1979 - - Extraterritorial lurisdttion ▪ 1990 -1969 p City Limit 1990 -1999 - 2000 - 2009 Dato source City of Corpus 0 O 4 - MIM 12 What's Different in the Future Land Use Map 0 PLAID CC • Mixed-use areas: — Approximately 4% of total city area including downtown and proposed urban villages. • Transitional areas north of I-37 • Transitional areas for compatibility with NAS -CC • Planned Development areas on Padre Island • Annexation Planned Development areas: — 5,000 acres in Southside/London — 3,000 acres in Northwest • Industrial District Agreements across CC Bay 13 Annexation Map PLAN CC COMPREHENSIVE PLAN MS ntown Padre/ Mustang Island Corpus Christi Proposed Annexation Areas -'PrepOSed Annexation Meas - PropOSed 1ndu51na1 DISVltt Q Extraterritorial Jurisdiction Q Corpus Christ) City Limn -r 20r, rnsse 0 0 5 �Mlres 14 Implementation 0 PLAID cc • Public resources, incentives, and investments are scarce. • Focus resources to help create critical mass, which creates visible change and attracts private investment. • Establish a new planning department and make the planners the coordinators for implementing the plan. • Establish cross -department task forces around places for strategic investment. • Build relationships with state and national funders. 15 Schedule 0 PLAN cc • October 13 - Presentation & Public Hearing • October 19 - Council Members Submit Comments • October 27 -1St Reading of Ordinance ❑ Vote on Changes to the Plan • November 10 - 2nd Reading of Ordinance 16 PIAN CC CO,:. '.,? NSIYE PIAN Z033 Questions? 17 SUMMARY COMMENTS ON THE PLAN CC DRAFT DATED MAY 2015 RELEVANT TO GOALS AND POLICIES Matrix includes comments received through June 19, 2015 NATURAL SYSTEMS, PARKS & RECREATION GOAL 1— CORPUS CHRISTI BAY, THE NUECES RIVER, O5O BAY, O5O CREEK, AND OTHER WATER RESOURCES ARE CLEAN, PROVIDE ENVIRONMENTALLY HEALTHY AQUATIC AND WETLAND HABITAT, AND ARE FISHABLE AND SWIMMABLE. POLICIES • Support initiatives to ensure that it is always safe to swim at public beaches on the bay and on Padre and Mustang Islands. ■ Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay. ■ Support programs to manage the balance of fresh and salt water in the estuary. COMMENTS Clean Water on our Beaches and Bays are very important but there was a section of the Plan that calls for the swimmability of Oso Bay and Oso Creek. According to the Texas Parks and Wildlife, the bad bacteria levels there are way out of line and it would not be feasible to correct them because the main pollutant is wildlife (bird droppings)! CONSULTANT RESPONSE The language can be modified to accommodate this issue. STAFF RESPONSE The source of Oso Bay and Oso Creek bacteria has not been determined. "Bird droppings" are listed as the source of contamination for the Blind Oso only. Currently there is a TMDL/I-Plan underway for Oso Bay/Oso Creek for bacteria. This process will determine the source of contamination and include activities to address and restore the designated use for Oso Bay/Oso Creek which is "Contact Recreation." The language regarding these natural systems should not include that they are fishable/swimmable but that they meet EPA Water Quality Standards for their specific designated uses. GOAL 2 — WETLAND AREAS ARE PROTECTED OR EFFECTIVELY REPLACED 50 THAT THERE I5 NO NET LOSS OF WETLANDS. POLICIES • Support initiatives to preserve wetlands in the estuary. ■ Support creation of a wetlands mitigation bank, if feasible. COMMENTS Support wetlands... CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 3 — IMPORTANT NATURAL AREAS, SUCH AS BIRD BREEDING SITES, ARE PRESERVED AND PROTECTED AS USABLE HABITAT NETWORKS WITH ECOLOGICAL INTEGRITY. POLICIES • Support initiatives for preservation of bird rookeries and similar critical habitat sites. ■ Continue to support and protect nature preserves. ■ Promote ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. COMMENTS Support....animal habitats... I support: Building on Natural Systems: Increasing preservation of ecologically important systems that protect our tourism, recreation, flood prone areas and water quality. CONSULTANT RESPONSE No response. 1 STAFF RESPONSE No response. GOAL 4—THE CITY HAS A NETWORK OF GREEN CORRIDORS INCLUDING 050 CREEK, DRAINAGE WAYS, MEDIANS AND STREET TREES, PARKS, AND URBAN WILDS TO ENHANCE CONNECTIONS FOR BIRDS AND OTHER WILDLIFE POLICIES • Give priority to natural, green drainage systems for storm water management. • Give priority to strengthening the green character of existing open spaces. ■ Secure protection of the Oso Creek corridor through implementation of a linear park along Oso Creek. ■ Coordinate storm water management with trails and green network projects. COMMENTS Parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails should be connected in one system. The more I re-read the plan, the more excited I am that there is consideration for making the city more walkable, provide more trees, and that consideration is given to connecting paths through the use of existing drainage areas. To continue to be an appealing place for a changing generation, these are the amenities that other cities provide and who in a way, we are competing against. I support parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails be connected in one system. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5 – NATURAL BARRIER-BEACH ENVIRONMENTS ARE PROTECTED. POLICIES • Support enforcement of regulations that protect barrier beaches. COMMENTS No comments. GOAL 6 – NATIVE AND OTHER TREES ADAPTED TO THE ENVIRONMENT PROVIDE SHADE ALONG MAJOR STREETS AND IN PARKS AND OTHER PUBLIC SPACES POLICIES • Promote tree preservation and tree planting on public and private property. ■ Support creation of "adopt a tree" programs. ■ Give priority to native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long-term drought-tolerant survival. ■ Support a full urban forestry program with appropriate staff within the Parks and Recreation Department. COMMENTS Invest in a City Forester Position: It is overdue that the City of Corpus Christi invest in a full time position to coordinate and prioritize tree planning and planting on public lands in CC. Plant trees in all parks. And the City Forester could plant trees that are well labeled! Shade and enclosed space would be awesome. CONSULTANT RESPONSE No response STAFF RESPONSE No response. 2 GOAL 7 — CORPUS CHRISTI HAS A NETWORK OF ATTRACTIVE AND SAFE PARKS THAT PROVIDE SHADE AND OTHER AMENITIES, ARE WELL -USED BY THE PUBLIC, AND MEET THE DIVERSE NEEDS OF THE POPULATION. POLICIES • Promote strategic implementation of the 2012 ten-year Parks and Recreation Master Plan (PRMP) to support comprehensive plan goals. ■ Update the PRMP every ten years. ■ Support cost-effective redesign to ensure that parks are safe and provide sufficient shade. COMMENTS My toddler is a runner. We like to go to Cole Park and the park across from McGee Beach. But, it can be very stressful because he likes to run away, and sometimes towards the street. I have lots of mom friends who use the playground at St Phillips Catholic church on Cimarron, but that is a drive from the area of town I live in. A shaded, enclosed public play area would be a gift to families with toddlers still learning to stay close to mom and dad. CONSULTANT RESPONSE Parks & Recreation Master Plan implementation includes creation of park design templates to include designs that meet a variety of needs. STAFF RESPONSE Same as consultant. GOAL 8 — PARKS, RECREATIONAL AREAS, AND OTHER GREEN PUBLIC SPACES ARE OF HIGH QUALITY AND ARE WELL-MAINTAINED. POLICIES • Provide adequate resources for basic maintenance and operations of all parks, recreational facilities, and other green public spaces, as discussed in the PRMP. ■ Continue to seek partnerships and sponsorships to support park maintenance. ■ Incorporate sustainable maintenance practices. COMMENTS No comments. GOAL 9 — CORPUS CHRISTI OFFERS RESIDENTS AN ARRAY OF OPPORTUNITIES FOR WATER-BASED RECREATION. POLICIES • Develop a plan for facilities and programs so that every resident has the opportunity to learn how to swim. ■ Seek partnership options to create community boating programs and education. COMMENTS The municipal marina is a jewel among marinas, yet one in which few participate....The bay on the western side of the bay is very choppy. This makes sailing small boats a challenge. We need a municipal marina on the southeast side of the bay. It should be a marina suitable for smaller craft. Our famous southeast prevailing winds are still available, but water is relatively calm. It is ideal for small boats of all varieties....lf I could be "king -for -a -day" I would establish a joint public / private marina coinciding with the two entrances to TAMU-CC. It would have a landmass into the bay & bulkheads similar to the T -Heads with a hotel / convention center, floating docks, breakwater, multiple launch ramps and boaters facilities. I would create a competitive sailing program in all the area middle schools and high schools. The middle schools would each have at least three single -hand sailboats while the high schools would each have at least three 2 -man sloops. Corpus Christi would be the North American center for Olympic Sailing. If TAMU-CC were not willing, I would locate the facility (without the hotel) at Swantner Park. It is our bay that makes us Corpus Christi. We should embrace it. CONSULTANT RESPONSE The plan suggests promoting community boating/sailing as suggested in more detail in this comment. Downtown revitalization can promote more activity in and around the downtown marina. One of the problems today is that there is little to do in downtown when boaters leave their craft and enter the city. STAFF RESPONSE Same as consultant. 3 RESILIENCE AND RESOURCE EFFICIENCY GOAL 1— CORPUS CHRISTI HAS A HOLISTIC COMMUNITY STANDARD OF RESILIENCE THAT ADAPTS TO CHANGING CONDITIONS. POLICIES • Support periodic review of resilience planning and implementation to adapt to changing conditions. ■ Promote public understanding of risk and the responsibilities of individual households, as well as city, state and federal governments. COMMENTS I support: Resilience: Requiring increased hazard mitigation and/or limiting growth in areas with poor drainage and that are flood prone in hurricanes. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 2 — THE CITY HAS A MULTIPLE-LINES-OF-DEFENSE STRATEGY FOR PROTECTION AGAINST FLOODING FROM COASTAL STORM SURGES. POLICIES • Promote implementation of regulations that protect barrier beaches and dunes. ■ Promote implementation of flood-protection measures throughout the city. COMMENTS No comments. GOAL 3 — GOVERNMENT OPERATIONS AND BUILDINGS ARE MODELS OF RESOURCE- AND ENERGY-EFFICIENCY AND RENEWABLE SOURCES. POLICIES • Support a greenhouse gas audit and use of renewable energy sources. ■ Continue organizational and operational improvements to maximize energy and resource efficiency and reduce waste. • Give preference to energy efficient design, materials and equipment in public facilities and infrastructure. ■ Expand the use of renewable energy sources for City operations. COMMENTS No comments. GOAL 4 — RENEWABLE SOURCES OF ENERGY, INCLUDING SOLAR AND WIND, AND OTHER ENERGY-CONSERVATION STRATEGIES, ARE AVAILABLE TO CITY HOUSEHOLDS AND BUSINESSES. POLICIES • Promote making renewable energy options available to homes and businesses. COMMENTS I noted the wonderful ideas for developing green energy in your report. I am a strong supporter of renewable energy, and understand that the Chapman Ranch was annexed specifically to block a wind farm that will be miles from the nearest city neighborhood. Why would the Council be so short sighted? Not only will it bring renewable energy to the area, but it will also bring jobs. Please urge the city to reverse the annexation, and fix the mess they have created so that they can join the rest of us in the 21st century. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOALS 5 — GREEN BUILDING TECHNIQUES ARE USED IN NEW DEVELOPMENT AND RETROFITS. 4 POLICIES • Promote green building through awards and nonfinancial incentives. COMMENTS For energy efficient housing, have builders and developers use the Coastal Bend Green Built program. It is the Green and Energy Efficient program of choice in the Corpus Christi area. CONSULTANT RESPONSE The CBGB program is good. However, for a 20 -year plan, a more general policy that can encompass acceptable alternatives that may emerge in the future is more suitable STAFF RESPONSE Same as consultant. GOAL 6 — REINVESTMENT IN EXISTING COMMUNITIES CONSERVES RESOURCES AND SENSITIVE ENVIRONMENTS POLICIES • Support clean-up and adaptive reuse of brownfields ■ Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. ■ Encourage urban farming and community gardens to promote access to local food. COMMENTS No comments. HOUSING AND NEIGHBORHOODS GOAL 1 - CORPUS CHRISTI HAS A COMPREHENSIVE HOUSING POLICY TO GUIDE DEVELOPMENT OF QUALITY NEIGHBORHOODS. POLICIES Support a community-based system to develop and implement a citywide housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. COMMENTS No comments. GOAL 2 - QUALITY HOUSING MEETS THE DIVERSE NEEDS OF HOUSEHOLDS AT ALL INCOME LEVELS AND ALL STAGES OF THE LIFE CYCLE. POLICIES • Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types, rental and ownership, market rate and assisted, to meet community needs. COMMENTS I have indicated parts I agree with and have added additional comments: Commit to supporting quality of life in diverse areas for persons at all stages of life. Support in home care of the elderly, access to public and other transportation, shopping, especially for groceries, and health care. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 3 — CHRONIC HOMELESSNESS I5 SIGNIFICANTLY REDUCED. POLICIES • Provide proactive city leadership in planning and implementation of homeless policies. ■ Support implementation of a "housing first" policy to address homelessness. COMMENTS I agree with....Create viable effective plan for homeless population. 5 CONSULANT RESPONSE No response. STAFF RESPONSE No response. GOAL 4 – ALL HOUSING I5 IN GOOD CONDITION AND I5 CODE COMPLIANT. POLICIES • Support effective, efficient, and sensitive code enforcement that focuses on compliance. COMMENTS I agree with....Strengthen environmental code enforcement and ENFORCE CITY CODES. Ensure that the city enforces code compliance. Use code enforcement to reduce slum landlord operations in inner city Corpus Christi. Enforce property codes with respect to illegal dumping, junked cars, tires, weeds, litter, trash, stray animals, etc. Have consistent code enforcement CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5 – NEW AND REDEVELOPED HOUSING 15 RESOURCE -EFFICIENT. POLICIES • Ensure that City -assisted housing, whether new or rehabilitated, is energy efficient. ■ Promote resource -efficiency in all new housing through non-financial incentives, such as permit streamlining. COMMENTS No comments. GOAL 6 – CORPUS CHRISTI SUSTAINS AND MAINTAINS ESTABLISHED NEIGHBORHOODS. POLICIES • Support incentive programs to encourage infill development and rehabilitate housing stock in established neighborhoods. ■ Support enhanced code enforcement and campaigns to address litter issues. ■ Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods. COMMENTS No comments. GOAL 7 – NEIGHBORHOODS ARE ENHANCED BY INVESTMENTS IN "URBAN VILLAGES" THAT IMPROVE QUALITY OF LIFE. POLICIES • Focus public investments—physical, environmental, functional and social—to support proposed walkable neighborhood commercial and mixed use districts, including compact centers along major roads. • Locate public facilities, civic and cultural uses within or adjacent to neighborhood commercial activity centers to act as anchors. ■ Coordinate among city departments and with the Housing Authority, school districts, county, state and federal agencies about locating new facilities and disposition of properties. COMMENTS Why is this plan so focused on bike paths and being able to walk to shopping? CONSULTANT RESPONSE - The plan is focused on providing more choice – in mobility, in housing, in types of places. Communities throughout the country that want to be competitive in the 21st century, including in Texas, find that new generations are looking for alternatives to conventional suburban -style development. 6 7 - See comments to Future Land Use. Goal 2. STAFF RESPONSE Same as consultant. GOAL 8 — NEW DEVELOPMENTS ARE DESIGNED TO PROMOTE A SENSE OF NEIGHBORHOOD, RATHER THAN AS ISOLATED SUBDIVISIONS OR APARTMENT COMPLEXES. POLICIES • Support regulations and guidelines that promote interconnected development. ■ Ensure that pedestrian and bicycle facilities are available in new and redeveloped areas. ■ Encourage unobtrusive parking solutions. COMMENTS No comments. ECONOMIC DIVERSITY AND WORKFORCE DEVELOPMENT GOAL 1— CORPUS CHRISTI HAS A DIVERSIFIED ECONOMY OF WELL -PAYING JOBS THAT BUILDS ON EXISTING INDUSTRY STRENGTHS AND TECHNOLOGICAL INNOVATION. POLICIES • Leverage the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. ■ Support market diversification by the tourism industry. ■ Promote expansion of public and private research activities in the region that offer the potential for the development of new products and emergence of new industries COMMENTS No comments. GOAL 2 — CORPUS CHRISTI I5 ABLE TO ATTRACT AND RETAIN FIRMS BECAUSE OF ITS COMPETITIVE ASSETS AND SUPPORTIVE BUSINESS ENVIRONMENT. POLICIES • Develop and maintain strong lines of communication between local government and businesses to ensure timely responses to business needs. ■ Ensure that business taxes, fees and regulations are reasonable and equitable. ■ Make regulatory processes efficient and transparent. ■ Provide financial incentives judiciously for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. ■ Increase the availability of technical and financial resources essential to entrepreneurship. ■ Foster the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. ■ Maintain transportation and utility infrastructure in good repair and make additional modernization investments as necessary in a timely manner. COMMENTS No comments. GOAL 3: CORPUS CHRISTI HAS A ROBUST "ENTREPRENEURIAL ECOSYSTEM" THAT SUPPORTS A THRIVING SMALL BUSINESS COMMUNITY. POLICIES • Foster a community culture that recognizes and embraces innovation and entrepreneurship. ■ Invest in the resources and capacity that support new venture startup and growth 7 8 ■ Encourage youth to develop entrepreneurial talents. COMMENTS The staff at the Innovation Center has reviewed Element 7 of the plan and we are very excited about its direction and emphasis for building a thriving startup ecosystem in our city. The need for a downtown co-working space and an "accelerator" program has been part of our discussion here for some time now. We have also had conversation about this with Terry Sweeney in our frequent meetings attended by Ann Fierova of the SBDC, Alyssa Barrera from the city, Mr. Sweeney, and Mike Culbertson from the CCREDC. I cannot speak for them but my belief is that they will find much to agree with in the plan. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 4: CORPUS CHRISTI I5 A COMMUNITY OF CHOICE FOR TALENTED ENTREPRENEURS AND PROFESSIONALS. POLICIES • Foster a community culture that embraces diversity, values new ideas and welcomes new residents. ■ Create a strong, positive image for Corpus Christi, both internally and externally. ■ Strengthen community institutions and amenities that provide a high quality of life. ■ Provide positive incentives for highly skilled individuals with other locational choices to settle in Corpus Christi to pursue their careers. COMMENTS Since YBP [Young Business Professionals] was founded in 2009, we've had many members leave this community due to other job opportunities in cities like Houston, Austin, Dallas and San Antonio, mainly because of the quality of life in those cities. Of the members that have stayed, there is overwhelming support for continuing to invest in the types of development that makes Corpus Christi attractive to millennials and the future workforce that will be even more mobile. CONSULANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5: UNEMPLOYED AND UNDEREMPLOYED WORKERS HAVE ACCESS TO TRAINING AND SUPPORT SERVICES THAT ENABLE THEM TO IMPROVE THEIR EMPLOYMENT STATUS AND QUALIFY FOR JOBS OFFERED BY LOCAL EMPLOYERS POLICIES • Ensure that career training programs and other workforce development services are aligned with employer needs and responsive to changing employer demand. ■ Support an easily accessible and seamless service delivery system for jobseekers. ■ Promote provision of essential support services that enable workers to seek and maintain employment. ■ Promote a balance between responding to immediate labor force needs with planning for longer-term changes in the labor market. COMMENTS No comments. GOAL 6: EVERY STUDENT COMPLETES HIS OR HER EDUCATION WITH THE SKILLS NEEDED TO ENTER A WELL-PAYING CAREER. POLICIES • Make school completion a high civic priority with broad community support and engagement. ■ Support the provision of integrated early childhood services incorporating cognitive, intellectual and emotional development, health and family social services to ensure that children entering school are ready to learn. 8 9 ■ Promote provision of a range of age-appropriate career exploration and experience opportunities for children beginning at the elementary level. ■ Promote alignment of career education with the needs of local industry. COMMENTS No comments. TRANSPORTATION AND MOBILITY GOAL 1 -CORPUS CHRISTI HAS AN EFFICIENT AND SAFE TRANSPORTATION NETWORK, INCLUDING BICYCLES, PEDESTRIANS, PUBLIC TRANSPORTATION, AVIATION, SHIPPING, TRUCKS AND AUTOMOBILES, THAT IS INTEGRATED WITH LAND USES AND PROMOTES TRANSPORTATION CHOICE, HEALTHY LIFESTYLES, AND SUSTAINABLE DEVELOPMENT PATTERNS. POLICIES • Support a multi-modal transportation network that is integrated with land uses. ■ Support compliance with transportation design standards. ■ Support the development of mode choice corridors for bicycles, pedestrian and public transportation. COMMENTS When I attended the open houses I gave input and it wasn't to ride my bike to work. Did anyone consider the weather and humidity in Corpus Christi? I have to be honest when I attended there was only a handful of people there. Why is this plan so focused on bike paths? NO, not everyone likes the idea of living in an "Urban Village" and riding a bicycle to work. C.C. Plan 2035...calls for more bicycle paths, walkways and public transportation. I like the concept of being able to walk and bike to restaurants and shops and the revitalization of existing neighborhoods. Parts [of the plan] I agree with.... Create safe bike routes for healthy lifestyle and less traffic, pollution. BASGI supports....Encouraging multiple mobility (transportation) options by planning and designing better connecting streets, sidewalks and pathways for pedestrian, bicycle and public transit, decreasing dependence on individual cars.... Limited additional parking is proposed in the downtown area which may not accommodate increased vehicular traffic, however, the Plan proposes an increase in public transportation, bicycle and pedestrian modes of travel, thus decreasing the number of cars going into the downtown areas. RTA has park'n'ride capability which can be expanded. The plan should stress the acquisition of abandoned railroad right-of-ways for conversion to hike and bike trails. The railway ROW along port extends from Agnes to Whataburger field and the Sea District, going through and past numerous light industrial and commercial districts on its way. From there the Shoreline bike path returns along the waterfront and commercial downtown district it to the railroad ROW extending from Laredo to Kinney and back down to Shoreline. The two railroad ROWs meet at Agnes which is also the identified area of a future Regional Transportation Agency (RTA) transfer station. This would produce off road pedestrian pleasure and commuting transit for low income neighborhoods to job creation areas in a way that would connect areas that will be further divided by the new harbor bridge. This city is not going to be a walkable city due to climate and the very large geographic layout. Walking and biking will continue to be recreation (and downtown tourism) and exercising. [T]he last point I would like to touch on are the biking and walking trails and lifestyles that are pushed in the plan. I could understand where this might be doable and or acceptable in Boston or up north however in a city that has our humidity and heat, I do not see a lot of people biking or walking anywhere unless they have to. We are way too spread out to walk or bike in the best of weather. Increasing street ROW to include green zones, bike paths and medians will affect cost of housing, again pushing "affordable" housing further from reality. 9 10 People in this community will not ride their bikes or walk around wearing business attire when it is 105F and 90% humidity outside. The citizens do not want to walk to the store and carry their groceries home. CONSULTANT RESPONSE Response to comments questioning the viability of bicycle and pedestrian facilities in Corpus Christi: -Enhancing bicycle, pedestrian and transit modes provides more transportation choice in addition to automobile use, depending on the distance and purpose of the trip. Use of non -automobile modes by some people some of the time can benefit drivers by taking vehicles off the road and decreasing traffic congestion growth. -Corpus Christi has pleasant weather up to 9 months of the year. That's why "winter Texans" come here. -Corpus Christi has poor health statistics. Safe pedestrian and bicycle routes that connect adults and youth to parks, libraries, shopping areas, and other community destinations will encourage healthier lifestyles. STAFF RESPONSE The City's adopted Mobility CC, CCRTA Long Range System Plan, CCMPO Strategic Plan for Active Mobility, CCMPO Metropolitan Transportation Plan and TxDOT Texas Transportation Plan 2040 promote a diversity of transportation modes for mobility, access management and safety by drivers, bikers, riders, and walkers. GOAL 2 -CORPUS CHRISTI'S STREET SYSTEM IS MAINTAINED TO STANDARDS FOR LONG-TERM EFFECTIVE USE. POLICIES • Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. ■ Support adequate and balanced funding sources for long-term operation and maintenance of the streets network. ■ Integrate transportation planning with utility infrastructure planning COMMENTS Older neighborhoods lose the pride they once had because it has been easier for families to move out into new subdivisions on the Southside with brand new roads and utilities than to continue staying in neighborhoods with crumbling streets. CONSULTANT RESPONSE No response. STAFF RESPONSE The City recognizes the key importance to adequately operate and maintain its streets infrastructure. GOAL 3 — IMPROVE THE DESIGN AND FUNCTION OF NEIGHBORHOOD STREETS. POLICIES • Promote lower vehicular speeds and bicycle/ pedestrian use on neighborhood streets. ■ Consider a reconstruction program for local streets. COMMENTS Improve residential streets and the underlying infrastructure. One of the ways to improve the revenue and value of older neighborhoods is simply fix the residential streets. Home values are 15%-17% higher on well-maintained streets with adequate, curb, gutter and sidewalks. CONSULTANT RESPONSE No response. STAFF RESPONSE The City has no current funding mechanism to repair neighborhood local streets. GOAL 4 -CORPUS CHRISTI HAS A CONVENIENT AND EFFICIENT PUBLIC TRANSPORTATION SYSTEM. POLICIES • Support continued implementation of the Corpus Christi Regional Transportation Authority Long -Range Strategic Plan to prioritize funding to increase ridership and reduce single -occupancy vehicle use. • Support an operations plan to increase the efficiency and lower the life -cycle costs of the public transportation system. ■ Support transit -oriented development (TOD's) near public transportation stations. 10 COMMENTS Public transportation now accounts for 2% of current traffic. I don't believe you will be able to force our citizens to change that dramatically with big investment in public transportation. Let's spend those dollars on our streets (2 major causes of street problems are buses and garbage trucks as opposed to private cars). RESPONSE The plan does not propose additional local funding for public transportation but support for the CCRTA's current strategy of improving service on the most -used routes by increasing the frequency, comfort and convenience of service, which can attract more riders. STAFF RESPONSE CCRTA is independently funded with its mission to provide safe, reliable and affordable transportation for residents. The shift to alternative modes of transportation will reduce traffic congestion and will improve environmental sustainability. GOAL 5 -CORPUS CHRISTI INTERNATIONAL AIRPORT IS THE AVIATION GATEWAY TO THE COASTAL BEND AND SUPPORTS ECONOMIC DEVELOPMENT. POLICIES Continue to implement the Airport Master Plan COMMENTS No comments. GOAL 6 -SUPPORT AND ENHANCE CONTINUING NATIONAL FREIGHT RAIL SERVICE FROM CORPUS CHRISTI. POLICIES • Support enhancements to rail service essential to the city's economic success. ■ Minimize delays and improve safety at at -grade railroad crossings. COMMENTS No comments. INFRASTRUCTURE, FACILITIES AND SERVICES GOAL 1 -CORPUS CHRISTI HAS AN INTEGRATED, SUSTAINABLE, WATER RESOURCE MANAGEMENT PROGRAM THAT PROVIDES A LONG-TERM SUPPLY OF THE RIGHT WATER FOR THE RIGHT USE—DRINKING WATER FOR RESIDENTS AND PROCESSED WATER FOR BUSINESS AND IRRIGATION—WHILE ENSURING THE INTEGRITY OF THE ENVIRONMENTAL SYSTEMS. POLICIES • Develop and maintain integrated water -management strategies of surface, reuse, conservation, aquifer storage and recovery and desalination. ■ Support a water system and management master plan to meet demand through the year 2060. ■ Continue implementing the city's water -conservation plan. ■ Support a strategic approach to providing adequate water, wastewater -treatment and storm -drainage infrastructure to support redevelopment and new development in targeted areas. COMMENTS No comments. GOAL 2 -CORPUS CHRISTI HAS A LONG-TERM WATER SECURITY THAT EXCEEDS STATE WATER QUALITY REQUIREMENTS (TCEQ). POLICIES • Provide a safe, efficient and sustainable water supply, treatment and distribution system in an environmentally sound manner. ■ Maintain and improve existing water infrastructure, including the incorporation of new technologies where appropriate. COMMENTS No comments. GOAL 3 -CORPUS CHRISTI HAS A COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE WASTEWATER TREATMENT SYSTEM THAT SUPPORTS EXISTING DEVELOPMENT AND ACCOMMODATES FUTURE GROWTH. 11 POLICIES • Support improvements to meet state and federal standards ■ Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. ■ Support the creation of a more equitable billing system for storm water services. COMMENTS No comments. GOAL 4 —CORPUS CHRISTI HAS A STORM WATER AND DRAINAGE SYSTEM THAT IS ENVIRONMENTALLY AND ECONOMICALLY SUSTAINABLE. POLICIES • Promote natural drainage approaches (green infrastructure) and other alternative non-structural and structural best practices for managing and treating storm water. ■ Promote reduction of pollutants in the bay by reducing storm -water discharges. ■ Promote economic development by reducing potential losses due to flooding and water -quality degradation. COMMENTS See comments for Green and Blue, Goal 4. GOAL 5 —ALL RESIDENCES AND BUSINESSES HAVE A DEPENDABLE, ENVIRONMENTALLY SAFE MEANS TO DISPOSE OF SOLID WASTE. POLICIES • Continue providing city and regional waste -management services. ■ Continue to maximize landfill capacity by supporting recycling that meets or exceeds state and regional goals. COMMENTS No comments. GOAL 6 —MAINTAIN CITY BUILDINGS AND FACILITIES FOR LONG-TERM USE. POLICIES • Support investment in an asset -management system. • Continue to invest in best practices for long-term, life -cycle energy and resource efficiency in improvements, renovations, or new facilities. COMMENTS No comments GOAL 7 —BUILDINGS, FACILITIES AND OPEN SPACES, BOTH PUBLIC AND PRIVATE, COMPLY WITH ADA (AMERICANS WITH DISABILITIES ACT) STANDARDS. POLICIES • Support programs to meet all outstanding ADA deficiencies in public facilities. ■ Make ADA accessibility information available to the public. COMMENTS Privately -owned facilities should not have to be forced to comply with the ADA. CONSULTANAT RESPONSE See the following on ADA requirements for privately owned places of public accommodation: (http://www.ada.gov/ada_title_Ill.htm) "Title III prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards." STAFF RESPONSE Same as consultant. 12 GOAL 8 –CORPUS CHRISTI HAS STATE-OF-THE-ART BROADBAND AND TELECOMMUNICATIONS SERVICES. POLICIES Seek provision of high-speed Internet and telecommunications access to all residents and businesses. COMMENTS No comments. GOAL 9 —THE CITY'S ELECTRIC GRID IS PROTECTED AND RESILIENT. POLICIES • Work with electric service providers to upgrade the grid and put it underground. COMMENTS No comments. FUTURE LAND USE, REGULATIONS, AND URBAN DESIGN GOAL 1—CORPUS CHRISTI DEVELOPMENT PATTERNS SUPPORT EFFICIENT AND COST-EFFECTIVE USE OF RESOURCES AND HIGH QUALITY OF LIFE. POLICIES • Protect and enhance stable residential neighborhoods. ■ Promote revitalization and redevelopment of older neighborhoods ■ Support creation of a city redevelopment authority or similar agency. COMMENTS Zoning areas now with thoughts to longer-term development can only help orderly growth. The plan focuses only on the current city with little planning for future areas to be developed. The plan is OVER -REACHING in its goals to force infill and downtown development at the expense of the suburbs. The plan is an attempt to change the character of our city by forcing infill, public transportation, design standards, etc — housing buyers will vote with their $$$ on where to live and will not be forced into rentals, urban villages, walkable and bikeable mobility. Some great ideas here, but not at the expense of new homes: The overall concept of this plan sounds great. However, I am very concerned with the language regarding new home builds and restrictions placed on the development of new neighborhoods. If we stop the development of new neighborhoods in the outskirts of CC (050, Annaville, Calallen, etc) we are going to shoot ourselves in the foot. NO, not everyone likes the idea of living in an "Urban Village" and riding a bicycle to work. I choose to live in Calallen and work in Corpus. We need growth to continue! Build new schools and infrastructure out in 5 points. From what I read this plan would effectively halt all new production! If we wanted urban villages, skinnier streets, land grabs and the other junk that this plan is comprised of, then I would move to Staten Island or to Boston with the consultants. The new Urbanism model will not work here without a downtown Law or Medical school as anchor. The more appropriate model seems to me to be more like the Santa Monica, CA. model of mix 1/4 acre homes in secure, insulated suburban neighborhoods with limited apartment and townhouse developments and "Ad-hoc"ammenities based on unplanned, entrepreneurial endeavors. North Beach should be a string of retirement communities abutting a really nice golf course and safe beach promenade, (Limit transients by zoning out liquor stores like they do in D.C.). The plan for in -city housing neglects the cost of tear -down and upgrade infrastructure which prevents "affordable "housing in these areas. New major city investments in sewer plants, water system, drainage channels will have to be made for these areas — why not spend those $$$ where 75% of the buyers want to live — the suburbs. The Council should instead look at in -fill projects in higher elevation regions of the City. Doing so will best meet the needs of residents. 13 14 We also have approximately 11,000 infill properties in our city and many neighborhoods need to be revitalized. I am sure this is why there is focus there but many of those properties are not located in downtown Limit city sprawl and revitalize properties that are vacant: Build within the city, repair infrastructure in the city especially the Bay Area. Emphasis on infill development, which I favor .... I suspect lack of developer support can be attributed to historical absence of programs and incentives for infill development [downtown/northside/westside]. So long as undeveloped land, abutting floodplains/creeks, is cheaper than infill sites, developers' market incentives will drive them to the outskirts. This is particularly true so long as development standards for new subdivisions are minimal. If real flood risk were to be taken into account in new development costs, up/downtown areas would become competitive because old areas are highest elevated. I support the idea of developing within already established neighborhoods where water and sewer infrastructure already exist. This type of development is cost effective and does not create additional financial burdens on the taxpayers. Corpus is behind in a lot of things, especially the idea of "urban downtown living." This new plan follows the same concept of recycling, we need to reuse our old infrastructure and give Corpus a purpose again. I stand for everything this draft represents. We need these big goals, they will push us to become something new and something greater. [S]tart the conversation to include revitalizing our community's history and culture into your comprehensive plan. Believe it or not, but history does tie into tourism and that overall increases monies that comes into a community. The draft plan encourages infill and the stimulation of growth in the greater downtown area, while discouraging unnecessary urban sprawl. It is clearly in the best interest of the entire city, which is why the city council should implement it as is. As a city, we cannot afford to continue operating as we have been doing for the past 20 years. Our infrastructure is in horrible condition. We have neglected existing neighborhoods, while stretching our boundary to the south without the requisite population growth to warrant it. Older neighborhoods lose the pride they once had because it has been easier for families to move out into new subdivisions on the Southside with brand new roads and utilities than to continue staying in neighborhoods with crumbling streets. This causes property values to go down in those areas and may lead to other indirect consequences such as increased criminal activity and schools which do not have the parental support they once had because families do not stick around for generations like they once did. It is well known that urban sprawl stretches resources. More money has to be spent on things such as trash pickup, road maintenance, dispatching police officers and firefighters to those areas in the routine performance of their duties and eventually building more police/ fire substations to decrease response times. Encouraging infill is a conservative and responsible management of these resources. Further, there is plenty of vacant land already within the city limits for future population growth. A development master plan for new areas would have maps, elevations, and proposed routes with budgetary estimates for these infrastructure costs. The plan for existing areas would focus on details of infrastructure expansion or replacement with related costs. PIanCC2035 does not. In a twenty year plan, there is one any only one strategic imperative — to secure the necessary land, easement, property rights, and budgeted funding to allow growth to occur in an orderly manner. Failure to secure these property rights today will cause traffic, urban sprawl, delayed development, and increased cost of all development. It will never, ever be cheaper than today, when much of the land is raw. In fact, failure to properly plan and piecemeal development will permanently impair orderly development if natural traffic or water pathways have even a few houses blocking the least -cost corridors. If such a master plan existed, it would be actionable (e.g. demonstrate what property must be acquired) and would provide a budgetary framework to provide a financial growth plan.... The conclusion was pre -ordained by the constraints which force prioritization of downtown over larger -scale tract development in outlying areas but still within the City. The study completely repudiates the clear and rational trend of the last twenty years of growth to the South and West and ignores the (unfortunate but real) social and economic factors which continue to weaken the near -downtown neighborhoods.... Here is perhaps 14 15 the only question that matters: If and when will the City take the necessary tangible steps to support large scale development on the South-west side of Oso creek or beyond 286? Judging by the results manufactured by PIanCC2035, the answer is never. I urge you to responsibly plan for Targe -scale, natural growth which has been demonstrated to be South and West. Doing nothing is preferable to doing damage. Let me be very clear on the issue of downtown and near downtown redevelopment. We have a moral obligation to provide low-cost, safe, clean housing. We have a strategic need to reverse urban blight, decay, and crime. Policies to achieve this goal are within the scope of good government. ... PIanCC2035 addresses the urban problem with grants, subsidies, Targe -parcel dislocation/redevelopment. It is likely to fail, experience substantial delay, or be too expensive to apply on a large scale. It also does not address the problem at the heart of the decaying neighborhoods which is the fact that hard-working people who care for their houses are brought down because the house next door to them is falling apart. The solution requires a fix at the granularity of lot -by -lot improvement in the heart of struggling areas. I agree: Make a high priority of infill of downtown and contiguous areas, with builders encouraged to help in revitalizing inner city Corpus Christi. Financial incentives needed. I believe the city has too Targe a geographical area already and is opposed to annexation of more land. The city has authority through its extra territorial jurisdiction to control the sprawl outside its boundaries, but refuses to do so. The only way to encourage the redevelopment of existing neighborhoods is to limit the expansion and creation of new neighborhoods outside the city. If demand for single-family detached housing in the City's South side is as great as builders and developers are claiming, then those developments should be able to pay their own way in terms of waste and storm water infrastructure extension, new police and emergency services stations, and other increases in residential service demand directly associated with new development. BASGI supports....Limiting urban sprawl and future unsustainable expansion by implementing wise land use planning and responsible development At the heart of the American dream is the simple hope that each of us can choose to live in a neighborhood that is beautiful, safe, affordable and easy to get around. Plan 2035 growth does just that. Smart growth creates healthy communities with strong local businesses; neighborhoods with schools and shops nearby and low-cost ways to get around for all our citizens In my opinion this plan is NOT a citywide comprehensive plan; at best it is a near -downtown plan. I support the draft plan....specific draft issues: Limiting sprawl: The geographic size of the City versus the number of taxpayers has reached a point where it threatens the economic viability of the City at some point in the future. Allowing new development through expansion and annexation will exacerbate this problem Revitalization & Housing: I agree with the recommendations and would strength the City's commitment to bringing infrastructure in older neighborhoods up to its predicted future use. I believe the financial obligations of supporting a failed infrastructure system could easily surpass the cost of rebuilding it with no gain in economic development and revitalization. Economic development will only occur (including Neighborhood Villages) when the City decides to invest in older areas to pro6. Infrastructure: Corpus Christi has serious and obvious deficits in its infrastructure. Limiting geographic growth and increasing density is the only way the City can realistically ever reduce its infrastructure costs per capita, which includes taxes, fees, utility rates. Prove to private investors they are a willing partner and committed to revitalization. CONSULTANT RESPONSE Response to critiques of promotion of redevelopment of older neighborhoods: - Plan CC suggests that the City and stakeholders look for a new approach to financing infrastructure that supports infill development and also does not require existing rate payers to pay for major infrastructure extensions. - The plan encourages infill growth in order to maximize use of existing services and infrastructure, but recognizing that infill development will often also require infrastructure upgrades. 15 16 - Recognizing that development is already occurring across Oso Creek in the ETJ, the plan proposes a system for orderly growth based on plans for land use and infrastructure financing. Planning for the Weber -extended area that is the focus of growth would take into account vulnerability to flooding and other environmental issues - A comprehensive plan is not a development master plan nor is it a utility master plan. It is a plan for the existing city as well as for undeveloped areas. Plan CC does propose an integrated planning process, including infrastructure planning, for certain undeveloped areas. The plan balances revitalization, redevelopment, and development within the city limits with planned development areas for future annexation. STAFF RESPONSE Same as consultant. GOAL 2—DOWNTOWN AND MIXED-USE URBAN AND NEIGHBORHOOD VILLAGES PROVIDE WALKABLE CENTERS AND NEW HOUSING OPTIONS. POLICIES • Support planning to create urban and neighborhood villages. COMMENTS We can't force businesses and people to live in the areas this plan seems to focus on. I'm not convinced that the downtown infrastructure can handle a great deal of growth. Was this looked at and addressed? I drove downtown today - there are For Sale signs all over. Why would someone want to live downtown when there is no work downtown? The focus of the plan seems to be all about downtown revitalization I get that our downtown is not a huge market with a high volume of residents but why is there so much focus. Yes, downtown could use a face lift and an identity change, but not at the expense of new development! [L]ocal citizens DO NOT want mixed-use neighborhoods — almost every apartment zoning case meets with very strong opposition from the nearby home owners. Forcing commercial into mixed use neighborhoods so they can be walkable — I just don't see that in our climate. And will retailers build where their customers are based on walk-ins? Enough of this "urban villages" stuff. We surely don't need another Sugarland, TX. Re -development for its own sake is sometimes subject to the laws of nature. If downtown can't reinvent itself, let it become a 9 to 5 ghetto. Even Texans understand, "If you're riding a dead horse, get off." [T]he plan seems to try and grow downtown into a contained living area where people can walk to retail, coffee shops to grocery stores. It seems the city wants these little village areas in a few different locations throughout the city. The village concept, in my opinion, is better served in a larger city where large groups live within a short distance to their workplace. I believe if we had large corporations like Dell then this concept might work. I also believe that the cost for a developer to develop the older buildings downtown does not make financial sense when a piece of raw land can be bought and developed. As a resident, voter, and taxpayer, I consider myself a City of Corpus Christi shareholder. As such, I support the city investing our limited resources where we can reap the greatest return on investment - our downtown.... a vibrant and active downtown, where people can live, work, and play would generate tax revenues for the City in the form of increased sales tax, increased hotel taxes, and increased property values. A vibrant downtown could be the crown jewel of our tourism industry. BASG I.... Supporting revitalization of the older areas of the City, through infill and mixed use development, facilitating urban and neighborhood villages as a way to stabilize and rebuild; 16 17 My point is that we don't need the rest of the plan that is advocating "villages" with retail, etc that all depends on supply & demand as well as economic/demographic factors...not a "build it and they will come" vision. Market/demographics will always determine where private investment/development occurs...where the city will best spend monies (our tax dollars) is, again, infrastructure. Unless a business or developer knows that that high cost improvement is what is needed to support the project, they will not invest in CC I really like most of the ideas for the Downtown area and would love to see a resurgence there. This plan cements those gains [of the recent past] and sets up the city for another twenty years of organized, smart growth, that allows the city to provide a variety of housing options for people at different stages in their lives. This is very important, as a person who has who has attracted highly educated, well paid young professionals who are excited to live in Corpus, this plan allows for the consideration of other housing/life style options that are more appealing, as the current offerings are limited for this group and within two years, these professionals leave for cities that offer more. In specific, encouragement of alternatives to have an urban life style as opposed to only have suburban apartment or housing options is a big deal to new professionals. I support the City facilitating Urban Villages and Neighborhood Villages as the way to stabilize and rebuild older neighborhoods The Young Business Professionals of the Coastal Bend support the goals and strategies in Plan CC that promote walkable urban villages, reinvestment in older parts of the city, downtown revitalization, and diversification of the economy so that there can be more jobs for highly skilled people, and unique offerings that highlight the great things about Corpus Christi. CONSULTANT RESPONSE Response to concerns about the Urban Village idea: -Under this plan, the majority of the city will retain its present character but there will be more choice. Nobody will be forced to live in a particular kind of housing. -The plan provides for a relatively small number of mixed-use, walkable centers—the mixed-use land use designation amounts to 3% of the existing city acreage. Participants in the planning process generally supported the idea of having more choice in housing and transportation. -Over the course of 20 years, providing more diversity and choice in Corpus Christi will make the city more competitive. Other Texas cities are establishing this kind of diversity and choice and attracting new residents. STAFF RESPONSE Same as consultant. GOAL 3—PUBLIC AND PRIVATE DEVELOPMENTS DEMONSTRATE HIGH STANDARDS OF DESIGN POLICIES • Adopt design standards and guidelines that create high-quality built environments. COMMENTS Architectural style and design should not be controlled by the City CONSULTANT RESPONSE Design standards and guidelines do not prescribe architectural styles but provide a framework for creating attractive and functional places. STAFF RESPONSE No response. GOAL 4—REGULATIONS TO PROTECT THE MILITARY AIRFIELD AND CIVILIAN AIRPORT USE ARE IN PLACE. POLICIES • Adopt regulations consistent with the recommendations of the Joint Land Use Study. COMMENTS No comments. 17 GOAL 5—TRANSITIONS FROM RESIDENTIAL ENCLAVES TO NONRESIDENTIAL USES HAVE OCCURRED IN INDUSTRIAL AND AVIATION SPECIAL DISTRICTS. POLICIES • Support City involvement in establishing a fair transition processes. COMMENTS Who will define what a fair transition process is? Please be specific. [T]he Plan slates the Hillcrest neighborhood as a Special 1-37 Transition District that will change from residential to light industrial or buffer use without meaningful consultation with the current residents and without any specific strategies or funding sources for how this transition would happen....Any consideration of a transition this drastic for a residential neighborhood, particularly one with such a unique history, must include meaningful outreach to the affected residents. Furthermore, there are no specific strategies or funding sources in the Plan to ensure any transition would occur in a manner that would respect the history of the neighborhood, offer real choices for its current residents, or provide "fair compensation and assistance to residents in moving." For example, the goal related to the transition district in Element 11— "Transitions from residential enclaves to nonresidential uses have occurred in industrial and aviation special districts" — is not a future-looking goal like the other goals in the Plan, but rather a vague, passive statement about the past. This statement also ignores that over 400 households currently live in Hillcrest. The "how" included for achieving the stated goal for the Transition Districts similarly raises more questions than answers. CONSULTANT RESPONSE The transition process needs to be negotiated by involving all stakeholder groups to develop criteria for any property transfers, relocation assistance and so on. The City may not be a major player but needs to have a role. The details of a process cannot be defined by a comprehensive plan. The nature of comprehensive planning is that it does not provide individual planning for every neighborhood but looks at land use patterns and other aspects of city life over the whole city. Hillcrest residents, like all Corpus Christi residents, were invited to participate in district workshops and open houses and citywide meetings. More detailed planning for any part of the city will require a community-based process. A land use transition initiative would require a negotiation of meaningful participation and fair outcomes with all stakeholders, including homeowners, tenants, and church congregations. STAFF RESPONSE Same as consultant. GOAL 6—THE ANNEXATION PLAN PROVIDES FOR ORDERLY GROWTH IN THE SOUTHERN ETJ AND INDUSTRIAL AGREEMENTS IN THE NORTHERN ETJ. POLICIES • Adopt policies and regulations that ensure orderly development in annexed areas. COMMENTS I believe the plan must include orderly development in the adjacent land to be added to the city in the coming years. The plan should not ignore the will of the people on where they choose to live as the market will tell the developers where to build. Ignoring expansion of streets in outlying areas and concentrating only inter-city limits will STIFLE GROWTH, not enhance it. Their concentration on forcing the citizens where to live and shop is offensive to me. I like the idea of growth in the suburbs. I think people like to buy new houses, and the London School district is certainly a draw for Southside development We need to get away from the need to hop in the car to go around the corner. We will soon be out of attainment on ozone if we keep spreading out. The recent rains should make the idea of growth south of the Oso a non -starter. The flooding will be even worse when it's all paved over. If we are not constantly having to build new infrastructure, maintaining what we have will be easier. CONSULTANT RESPONSE The plan provides for potential annexation of approximately 5,000 acres in the Weber-extended, London ISD district and approximately 3,000 acres between Calallen and Robstown. A system for orderly development of these areas, including infrastructure planning and financing, is proposed in the plan. It is expected that more detailed planning for these areas will take 18 19 place in Area Development Plans to be prepared after the comprehensive plan is completed. STAFF RESPONSE Same as consultant. STEWARDSHIP AND IMPLEMENTATION GOAL 1—A NEW LONG-RANGE PLANNING SYSTEM IS IN PLACE. POLICIES • Establish a comprehensive planning system based on a twenty-year time horizon. ■ Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan. ■ Amend planning ordinances to reflect the new type of comprehensive planning system. COMMENTS No comments. GOAL 2—THE COMPREHENSIVE PLAN I5 SUBJECT TO REGULAR PUBLIC REVIEW OF PROGRESS. POLICIES • Establish public review of progress in implementing the plan. COMMENTS No comments. GOAL 3—A NEW PLANNING DEPARTMENT I5 IN PLACE. POLICIES • Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. COMMENTS No comments. GOAL 4—THE CITY HAS ENHANCED AND NEW TOOLS TO IMPLEMENT THE PLAN. POLICIES • Make City programs and resources consistent with implementation of Plan CC. ■ Use incentives strategically to create a critical mass of improvements in designated areas. COMMENTS No comments. GOAL 5—IMPLEMENTATION OF THE COMPREHENSIVE PLAN I5 INCORPORATED IN DECISION MAKING AT MULTIPLE LEVELS POLICIES • Use the plan in preparing and approving other planning and implementation activities by City agencies. COMMENTS No comments. GOAL 6—THE CITY HAS EXPANDED FUNDING OPTIONS TO ACHIEVE THE GOALS. POLICIES • Use the funding approach that fits the goal. ■ Build relationships with government funders and philanthropies 19 COMMENTS The other part that is commendable about this plan, is that options for finding resources to pay for some of the improvement for the city are given, focusing on from leveraging community and national organizations, businesses, to potential financing options, creating a framework of ideas that are achievable over time, with minimal impact on our wallets is great. I believe this plan will help to secure Federal grants and money for development of special interest areas, however, I do not believe this is a viable plan for citizens of Corpus Christi and the surrounding areas. There appears to be a real push in this plan for Federal Funding. That is not needed if you look around at the successful developments they are all private. CONSULTANT RESPONSE The Plan suggests ways in which the City could attract both philanthropic and federal funding to help achieve certain goals, which would leave more city funds for other needs, such as street repair. Privately funded, market -rate housing is not the focus of federal or philanthropic funding; rather below-market affordable and workforce housing and neighborhood development could be assisted by this funding. New market rate development in Corpus Christi today is out of reach of many city households. STAFF RESPONSE Same as consultant. 20 COMMENTS ON THE SECOND DRAFT OF PLAN CC DRAFT DATED JULY 2015 Matrix includes comments received through July 29, 2015 Comment Consultant Response Staff Response 1 Concerns about a statement in the Future Land Use Definitions, section Transition Districts, under Special 1-37 Transition District and Special Aviation Transition District that states, "The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other part of the city". (Page 37) This is more like a policy than a definition and should be removed. Recommendation: Remove the statement in the definition section. Same as consultant. 2 The idea that we will be able to use the current infrastructure (sewer/water/gas) to support new multifamily residential dwellings in the downtown area is questionable. Will there have to be rehabilitation of sewer lines to achieve the proper sizing for the demand of waste, and possibly adding lift stations to transfer waste to other areas? Do the water mains and service lines have to be increased in size to accommodate new buildings? Will tax payers be left with this cost? Maybe the downtown area should focus more on businesses and tourist attractions that could bring in revenue for the city and its residents rather than using the desirable area to provide "villages." How did the downtown area become what it is today? How can we make sure that it won't happen again if the city spends money to revitalize it? Rehabbing and improving downtown and older neighborhoods should not prevent residents from building new homes. Residents should not be manipulated into what the city's vision is for families and neighborhoods. Cities are developed around businesses. Businesses bring the money to the city and its residents. Recommendation: No change. Downtown infrastructure: the downtown TIRZ can be used to upgrade infrastructure. Housing or businesses downtown? All successful downtown revitalizations in the last 25 years have been driven by downtown housing. For example, "retail follows rooftops" is the rule of thumb for retail development. For tourism, visitors are interested in seeing a downtown with the vitality that residents bring, not just isolated attractions. Revitalizing downtown does not preclude housing development elsewhere in Corpus Christi and Plan CC does not say this is an either/or issue. Same as consultant. 3 First 1 want to make it clear that I am not AGAINST Recommendation: No change. Same as consultant. 1 2 this plan. My goal is to make the plan more inclusive of ALL housing and growth paths for the upcoming Intro: Plan CC provides for future housing development in the 20 years. Single family homes in the suburbs (i.e. Southside, Northwest, Southside/London (through an orderly planned southside, London, northwest and Padre Island) are development process) and Padre Island. While some households will now, and will still be, the choice of home buyers in continue to want to buy suburban-style housing, other households the coming years. The city needs to be at least prefer different kinds of housing that are not well-represented in the equally accommodating to this segment of the Corpus Christi market today. In addition, there are many households housing market as it is to the infill and downtown who prefer to rent and who also would choose other types of rental markets. options if they were available. Element 2: Parks Element 2 Parks: The city's Parks and Recreation Master Plan, Plan CC Parks, well-kept and maintained, are a great asset to and the Background Report recommend investing in maintenance and every neighborhood. However, poorly done parks enhancement of existing parks before acquisition of new park land. are a detriment. Presently developers pay about Retaining the developer parks fee for the areas that generate the fees $400 per house into the city park fund for each new lot developed for park development and maintenance. Generally parks are not well kept is typically a feature of impact fee systems. Element 3, Goal 1-Sea level rise: Sea level rise on the Gulf of Mexico is (except Rancho Vista where the homeowners a fact and has been measured in the Corpus Christi area as well as association pays for upkeep) by the city. I'd like to other locations along the Gulf Coast. The rate is a combination of see some formal plans for written procedures to slow subsidence and increasing water levels. Being aware of these allow developer park funds to be retained within changes and adapting to their long-term impacts is responsible their neighborhood for at least initial building of parks and amenities. Improving parks will require additional funding; where and how will these funds planning for the future. Element 3 — Goals 3 & 4-Renewable energy: The goals and policies be developed and who will pay? The plans call for simply call for promoting diverse options, which people are then free parks to be walking distance of home owners; to choose or not. Diversification of energy sources is a long-term current city policy is to build up "regional" parks as strategy that benefits the community. Corpus Christi is already a opposed to "neighborhood" parks. center of wind energy and the declining prices of solar panels, for example, can provide options to individual property owners. Element 3: Energy efficiency Element 3 — Goal 6-Urban/community gardens already exist in Corpus I'd like to see Goal 1 restated to change "sea-level Christi. In areas of higher density, community gardens can be located rise" to "tidal flooding". I have lived here 70 years just like parks — they provide outdoor space for people who may not and we certainly have not had sea level rise in that have back yards. This is a common practice in many cities. time; beach erosion maybe, but not rising sea levels Community gardens offer the additional benefit of being able to due to "Global Warming" (which in my opinion is blown way out of proportion). provide access to fresh produce . Element 4 — Goals 1 & 2-Housing: Plan CC promotes more housing Goals 3 & 4 — renewable energy is good but once choice. Corpus Christi has many different kinds of households with a government subsidies are removed such energy variety of housing needs, incomes, and capacity to pay. The current cannot compete with our current carbon based housing market offers a limited variety of housing types and does not 2 3 energy (which is the life -blood of all of us here in effectively serve all housing needs . Census data indicate that 64% of South Texas). households do not include persons under 18 years old and 57% of households are made up of 1 or 2 persons. Many households do not Goal 6 – why encourage urban gardening when we have the down payment, income, or credit status to purchase a home live in an area where all kinds of farms are located. and must rent. Others prefer to rent but do not find the kind of rental With the trend for higher housing density where will housing they like. There is a potential market for housing types that such "gardens" be placed? do not currently exist in Corpus Christi. The City can encourage more housing diversity by making sure that zoning allows for more variety in Element 4: housing types in appropriate locations, can provide incentives or Goals 1 and 2 – this wording scares me – "guide support developers who need subsidy to be able to provide below development, support planning, regulatory and funding of housing types"; the market will tell us what housing to put on the ground, not a planning market rate affordable housing, and so on. Element 4 - Goal 3 -Homelessness: There are strategies to reduce team (unless it is their money). Supporting housing chronic homelessness that have been proven in a number of cities yes, it is good but guiding private investors, uh-huh. around the country. Salt Lake City, UT, is a notable example. Also consider that for "infill" to be within the price range of a sizable segment of the housing market Element 4 – Goal 6 -Urban villages: Cities much bigger than Corpus that there must be large re -investments in Christi have urban villages—the concept is not related to the overall infrastructure, retail must be willing to bring size of the jurisdiction. The total area proposed for urban village services and school districts must be willing to bring development constitutes less than 4% of the total geographic area of schools to the area. It involves more than just the city. Urban villages—which are simply modern versions of clearing a few acres to build houses – someone has traditional neighborhoods that existed in Corpus Christi many years to "want" to live there. ago—would provide a choice that is increasingly desired by a portion of the housing market. Both urban villages and downtown Goal 3 – good luck! revitalization have to be supported by housing—tourism and office traffic is not sufficient. Access to nearby employment (such as the Goal 6 – I just don't see the "urban village" concept Christus Spohn hospital complex) or colleges (such as the future taking hold in our climate and our large geographic southside campus of Del Mar) also attract people to urban villages. city area. We are not a compact urban area and I There are many examples of successful walkable urban village style would fear a huge investment for this "planning tool" would not get the desired result. Downtown yes – walking and tourist traffic will drive this but development in Texas, as well as in other parts of the country. Mixed-use development: New design approaches, including not 6 points, 5 points, del mar college village, etc. As transitions in height and density, are needed to create compatibility far as "mixed" neighborhoods, I invite all planners to between single family and multi -family housing, as well as provision of attend any P and Z meeting where a developer amenities and walk -to neighborhood retail. The Barisi Village project wants to build apartments next to an existing single recently approved by the City was supported by most adjacent single family neighborhood – I've seldom seen any acceptance of this concept. family neighbors. Element 5 – Jobs and economic development: The desired jobs and Element 5: Jobs. I like them and I like the goals set economic development articulated in these goals and policies are forth. approved by the commenter. In many cases, these desired outcomes 3 4 are connected to provision of more housing choice, more different Element 6: kinds of living environments, and more transportation choice—goals Goal 1– I don't think we need to place strong and policies that are questioned by the commenter. For the city to be emphasis on bicycles in our climate. Bikes are OK more economically competitive, it needs to offer the choice in for exercise and downtown tourism but are not a housing, transportation, and urban amenities that attract factor for getting around town. Neither is an entrepreneurs and businesses (because businesses want to be where emphasis for walking except as mentioned above. It their labor force wants to be). Educated young adults leave Corpus is too hot and too spread out. Also, Public Christi, and one of the reasons is that it does not provide the kind of Transportation has never been able to gain a foothold in CC and I would hate to invest millions in trying to force people to ride the buses and then city environment that young adults are seeking today. Element 6 -Goal 1 -Multimodal transportation: A multimodal find we meet with the same level of non-success. transportation system provides more transportation choice for all kinds of trips—commuting, errands, recreation and so on. It is not Goal 3 – No need to lower speed limits in assumed that individuals would have to use this network by going neighborhoods. Please do not stress "road diet" from one end of the city to the other, and build out of a network arterials and, above all, stay away from "round- would be incremental. The City needs a more nuanced approach than abouts" in street design. it is currently using to provide bike lanes. Element 7: Walking and biking and health: Corpus Christi has poor public health I cannot argue with these goals – I just wonder how statistics that could be improved with more opportunities to walk and and who will pay for all these good improvements! bike. Element 8: Walking and biking in the CC climate: "Winter Texans" spend 6 to 9 Goal 1- must include wording to the effect that CC months of the year in Corpus Christi because the weather is pleasant. supports the timely and orderly expansion of development into adjacent areas of the city. If we grow 2500 jobs each year we will need more, not Extreme heat does not prevail the entire year. Transit: The plan does not propose additional local funding for public less, single family housing in acceptable transportation but support for the CCRTA's current strategy of neighborhoods. I do not support "Scenario 3" improving service on the most -used routes by increasing the mentioned in the original Plan 2035 that would frequency, comfort and convenience of service, which can attract reduce housing in outlying neighborhoods (i.e. southside, northwest, padre island) to 50 % of city housing. I don't think the few hundred citizens who more riders. Element 6 -Goal 3 – Neighborhood collector and local streets: Traffic did voice approval of this scenario represent the speeds on some collector streets should be reviewed to see if they home buying public; I believe "Scenario 1" is the impede safe crossing and connections between neighborhoods, access way the city should proceed with planning for the to parks, and so on. Road diets are not mentioned in the goals. The next 20 years. City has already adopted road diets for certain streets in Mobility CC. Goal 2 – I do not support "Urban Village" concept as Element 7 – Infrastructure: In order to be competitive in the future - 1 believe it will not be in vogue within the next 20 for both businesses and people-- Corpus Christi has to find a way to years in our climate and in our city size for reasons modernize and upgrade its infrastructure. Financing can come 4 5 previously stated. Goal 3 — Ok to have design standards for public development but leave private developments to the individual owners and developers. We already have zoning ordinances which exert ample control over what can and cannot be built; we don't want, nor need, "design standards". If it is ugly it won't sell to the public who are the final determiners of such "standards". Goal 4 — Do not adopt the "1 lot/20 acres" zoning concept for newly annexed properties. I believe this is wrong and constitutes a "taking" for all property owners and will slow or stop all new annexation leaving the city with septic tanks all over the adjacent acreage. This is bad policy and an unabashed " government intrusion" onto private property. through bonding, fees, and other measures. Element 8 — Future Land Use, etc.-Goal 1: See response above at the beginning of the response to this comment. The Future Land Use Plan provides for approximately 8,000 acres of expansion with orderly development into the ETJ in the Southside/London area and the Northwest. Element 8 — Goal 2: See response under "Housing." Element 8 — Goal 3: Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. Once a building is constructed, the public doesn't have an opportunity to do anything about it. Element 8 — Goal 4 [Goal 6 was probably intended since Goal 4 is about airfields] — Goal 6-Orderly annexation: The goals and policies do not mention specific policies and regulations but call for a system of orderly growth in the ETJ. 4 Our land is highly impacted and devalued by this land use plan which designates our 400 acre Tufts Cove property on Mustang Island as "Open Space". This is the property which provided access to Wilson's Cut and goes north on the Bay Side. Our land use plan is attached. We have not submitted to the City as we have been working on grading permits. We realize this plan attached may not be close to the final but is a good example of the mix of homes, commercial and cluster residential that we believe will draw well in the market, provide a good tax base for the City and a unique experience for the residence. Please let me know the steps I need to take to insure that our property can be developed in a manner consistent or similar to that attached. Recommendation: Review and make any necessary changes to Mustang Island land use. Recommendation: Change this property's future land use designation to Planned Development while retaining a small portion on the bay as Flood Plain Conservation, similar to today's adopted Future Land Use Map. The area on Mustang Island between the Fire Station on the south and the City limit line on the north end should be designated as Planned Development in the Future Land Use Plan. 5 6 LAYOUT A FOR ESTIMATE. PDF 5 This is agenda2l ' mi l ' FYI there is a bill coming up in Texas to stop plans like these by sept 2015. "Smart growth" is just another Agenda 21 plan. Want to see a mass migration of property tax payers OUT of CC? Go ahead with this plan and that is coming soon. My family has been here and built a business since the 40s.BUT I'll sell off my rentals and move. Those little bedroom towns Rockport, Aransas Pass and others will be getting an economic boost soon. How are you going to pay for this when the actual tax payers get enough of this? Recommendation: No change. Same as consultant. 6 More people would comment if the sign up weren't so hard: Every time the city oozes south, we have to build more fire stations and we can't afford to staff the ones we have. We annexed Flour Bluff and Calallen more than 50 years ago and many places are still on septic tanks with a volunteer fire department. Recommendation: No change. Same as consultant. 7 This city needs to focus on the present problems: This city needs to resolve the present problems before it should even consider taking more debt. Recommendation: No change. Same as consultant. 8 It is sad that the City has chosen to gut most of the 1st draft of Plan CC 2035 which had many good recommendations for action. The current plan is a pale shadow of the former vision which seems designed for the City to put on a shelf and forget about as soon as it is adopted, just like all planning the City has done over the past 50 years. I wonder why Chapman Ranch was annexed when there is no plan for anything out there? Why is the City going to spend all that money putting infrastructure out to the middle of nowhere with no plan to actually develop it? The City should save Recommendation: No change. Same as consultant. 6 7 that money for needed infrastructure within the actual City and future actual City (as defined by Plan CC 2035) and dis-annex the Chapman Ranch immediately. 9 First, I would like to thank you all for the opportunity to deliver to you my vision of CC 2035. This initial act of transparency is a monumental step forward and is the first stepping stone to on the path to a transparent system of government. When we are Visioning, we are creating a picture of what the future will look like. My vision of the future looks like this: -I see a Corpus Christi with a renovated downtown with small local businesses featuring our local flavor represented. In this downtown, it is safe to park your car without fear of it being vandalized or of being robbed on the way to enjoy the attractions. -I see a Corpus Christi where North Beach is a hubbub of activity reminiscent of the Boardwalks on the Atlantic and Pacific Coasts. Where the new Harbor Bridge glows in the night sky, welcoming all who come to visit. Where, at the foot of that bridge, is a bed of cultural activity which is a world- class destination for our global visitors. -I see a Corpus Christi that celebrates the diversity of our city with placement of affordable housing projects not just in clusters, but evenly distributed throughout our neighborhoods. South Side, North Side, the Island, the East side and West side. -I see a Corpus Christi that effectively utilizes its public spaces and organizes events in public parks which leverages local and ethnic entertainment and coordinates events which are appealing to our citizens, leveraging Corpus Christi's history in various industries including Tejano. -I see a Corpus Christi that has billboards proclaiming the grandeur of our city along the 1-35 corridor and promoting not only our downtown beaches, but of JP Luby, North Packery and South Recommendation: No change. Many of the ideas in this comment are incorporated into the Plan CC Vision, Goals, and Policies. Same as consultant. 7 8 Packery from Oklahoma City to San Antonio. -I see a Corpus Christi with clearly designated road signs directing folks not only to the Corpus Christi beach, but to the Island, as well as to emergent local attractions. -I see a Corpus Christi with a mobile night market which shifts from neighborhood to neighborhood, providing the opportunity for community members to get to know one another, that focuses on the development of small business and micro-business startups on the local level and encourages the formation of local collaborations for public safety and security. -I see a Corpus Christi that supports small business and micro-business with the same level of zeal given to the large corporations, with the provision of support services, tax breaks on initial licensing, the provision of a communal Commissary to develop an emergent food trailer market and the opportunity to participate in City functions at a reduced cost to locals. -I see a Corpus Christi that is on the cutting edge of emergent social programs. A Corpus Christi that is willing to invest in its citizens and develop the next generation of entrepreneurs and business owner. A Corpus Christi that solicits business not only with tax incentives, but partners with business to create job training programs specific to their needs. A Corpus Christi that exports our oil and gas expert workers around the globe to funnel that money back into our economy. A Corpus Christi that has diversified its tax base to protect itself from the boom and bust cycle of the oil industry. -I see a Corpus Christi that values its women and provides them appropriate medical interventions in order to develop career opportunities and maintain the control they desire of their bodies. -I see a Corpus Christi with a police department with a streamlined budget, whose top priority is the control of crimes of life and property, where traffic flow is enhanced by the provision of Fire and 8 9 Medical on site of an accident and an expanded Fire Department, not police, who respond to return traffic flow to normal. Where the beaches are beautiful and protected by appropriate fines for littering which are actively enforced. City and County services are accompanied with community partnerships with local use groups to deliver site services to defray budget cost, resulting in partnerships which last into the future. -I see a Corpus Christi that has embraced the Tech revolution, who has welcomed Google into our City with high-speed affordable internet connectivity, self-driving vehicles and partnerships with local colleges to buttress and expand services to emergent companies like SpaceX. We have a particular set of climate conditions which make Corpus Christi a great city for research and development, prototyping and product testing and in that future city, Corpus is a hotbed of emergent science and industry. -I see a Corpus Christi that is representative of its population, which elects representatives from proper districts which are free of gerrymandering and elected officials who are able to make decisions in the best interest of the City and not because of monetary donations from vested interests, but because it is the right thing to do. -I see open City Council meetings hosted not when the bulk of us are creating taxable income, but after we have had time to get home, have some dinner and then appear to give our feedback. -I see the development of a Social Media arm of our City, where we have a clear system of communication of intentions, meetings and schedules of events is delivered in a timely manner. -I see a City Government that works hand-in-hand with County and State Services, dovetailing their efforts to achieve a bright future, not haggling amongst themselves for a bigger slice of the pie. -I see a series of renovated neighborhoods, where Code Enforcement not only tells you what needs 9 10 fixed, but is also supplied with information as to programs that assist income-bracketed homeowners in finding supplies and labor to complete the projects as well as a timeline for completion. -I see a Corpus Christi where the populace is free from fear. Fear of being pulled over because of a sticker being out of date, free from harassment by coordinated speed traps, free to come and go to work without being extorted by the police. Free of the fear of crime ridden neighborhoods, where criminals are allowed to roam free and break into our cars and homes, assault our friends and rob them, who perpetrate crimes against person and property. -Finally, I see a Corpus Christi which has ended the stream of inmates sent through the revolving door to the prison mill, where private corporations farm Texans for cash, where private companies profit from renting hardware and tech to insure a false sense of security because the net of preventative policing has caused our streets to be infected by the same behavior sets that define what is prison. The current policies and procedures have resulted in a sickness that has spread from our lowest income neighborhoods because their fathers only knowledge of how to be a man was taught to him by his cell mate. It has created a generation of children with no fathers, broken homes and despair. It has been held there for two generations of segregated low-income housing delegations driven by protectionist property owners with the capability to buy off local politicians with behind closed door agreements, where the public is free of the authoritarian chokehold created by private interest in public security and the fear mongering of judges and district attorneys up for re-election who used to feed us fear while making back room deals for a cut in the newest ankle monitor contract. 10 I understand the council is seeking public comment for the Second Draft of the PIanCC2035 through July Recommendation: No change. Same as consultant. 10 11 20th. First, this second attempt is clearly an Element 4 — Goal 8 and Element 8 — Land Use Principles: "Throughout improvement over the earlier version. I have read (pg. 20, #8; and on pg. 33 Housing and Neighborhoods) calls for most of the Plan and feel there are many positive 'guidelines that promote interconnected development'": Patterns of ideas set forth such as a call for an organized development that are interconnected are more efficient because approach to zoning and support for a strategic infrastructure extensions are shorter and cost less, and people need to approach to providing adequate water, waste water-treatment and storm drainage and infrastructure for redevelopment and new travel less to get to destinations, saving both time and money. Discussion on London ISD area: Plan CC promotes orderly annexation development in targeted areas. Perhaps many of of the Southside/London area as well as an area in the Northwest, for a the topics raised by Mr. Ralph Coker in his Caller- total of approximately 8,000 acres. Times Forum of July 13, 2015 could be worked into the overall Plan as well. Element 8, Goal 6 — Annexation: The Vision, Goals, and Policies do not identify specific policies and regulations to ensure orderly Just a few observations of some of the wording causes alarm about the intent of the overall work product. Throughout (pg. 20, #8; and on pg. 33 development. Element 7 — Goal 4-Environmentally and economically sustainable Housing and Neighborhoods) calls for "guidelines storm water and drainage system-policy to review storm water billing that promote interconnected development". While system: The Vision, Goals and Policies call for "review" and do not idealistic, conceptually this ignores the desires of specify if change is needed and what that change should be. The citizens wanting to live within the ETJ near schools background document suggests a task force that would include the and natural amenities such as the Oso Creek area with actual shorter travel times to commerce. development community to work on storm water issues. Specifically "avoiding leapfrog development". I am Element 8 — Goal 1-Redevelopment authority: The Vision, Goals, and reminded of the $2.8 million dollar SPA #30 Policies do not prescribe exactly how a redevelopment authority would extended 1.8 miles out Airline about 6 years ago to function. There are examples of different approaches in Texas cities a forgotten area that resulted in an immediate and elsewhere in states with similar economic environments. The permitting of eight subdivisions. It changed the face of growth for over a decade. purpose is to create conditions that can leverage private investment. In the first draft the Plan states Corpus Christi is over 40 miles long from Callallen to the Island. By contrast, the London ISD area is actually almost as close to downtown as the Palmera Mall in miles and closer in minutes. I view this as actually infilling the middle section of our extremely linear city. Great transportation corridors are underway, city water exist and the Greenwood treatment plant a mere 1- 1/2 miles away. Moreover the demand for housing is obvious. The previous draft called for a minimum lot size in 11 12 the ETJ of 20 acres and is now replaced with "Use annexation powers combined with minimum lot size in zoning and infrastructure policy to promote orderly and efficient development in the ETJ". The ETJ should not be treated differently than any other zoning classification within the City. Page 30, #4 "Review the creation of a more equitable billing system for storm water services." Hopefully this is not code for the creation of a Storm Water Utility District which is really an impact fee or tax and should be billed city wide equally to all users through the existing utility departments regarding maintenance of drainage systems. Most drainage outfalls are built and paid for by developers at the time of platting anyway. On pg. 33 #1, the reference to creation of a City Redevelopment Authority or similar agency will consist of business friendly individuals and those existing landowners willing to invest their own at risk capital as opposed to a call for investing our much needed tax dollars in areas lacking schools, adequate retail, infrastructure and transportation. Perhaps my opinion that the free enterprise system can work if left to it's own means is naive. If we are to subsidize the older redevelopment areas it should be based on a earned merit system that is actually monitored for performance. Thank you for your leadership in representing both those who wish for a Village Concept for our future as well as those who invest and recognize the need for growth and spreading our tax base for future generations. Please give good guidance for our ETJ as it really is our future, composed of responsible landowners willing to avoid the term "land acne". I wonder who came up with that? The real issue lies ahead as to how and when the details of the Plan CC 2035 get implemented. I have complete confidence in this Council and its determination to work 12 13 through the many challenges to create a business friendly climate for us all. 11 1) Downtown development areas need to be interconnected with public transit in order to make the whole more appealing. None of the sections have quite enough positives to thrive independently, but connected together, they all will. Synergy = strength. Emphasis on pedestrian traffic (walking) won't work; our climate isn't mild enough to foster walking; it's too hot or too windy too often, and tourists don't venture far into unfamiliar areas on foot. Chicago has its EL, NYC, DC and others have subways, Detroit has its downtown monorail loop, which might work here...adding a Disneyesque transit attraction for the convention bureau to hype. It would only need to be about a two or three mile loop with a half dozen-or-so stops, so walks would be broken up into quarter mile to half mile (ad)ventures. San Antonio has its Riverwalk, Corpus Christi could have its Downtown Zoom. A spur could get folks to the other side of the harbor to North Beach by being integrated into the new Harbor Bridge plan. Anchored by existing car parking at Whattaburger Field and similar potential in redeveloping areas such as the old Memorial Coliseum and old Harbor Bridge approaches, the park-and-shuttle circle system developed could become a large and flexible crowd-moving solution to a myriad of downtown needs, the first of which would be easy downtown access. Study large airport people-moving systems for inspiration and instruction. 2) Plan for the potential of destination resort casino gambling in 3 Corpus Christi areas, all naturals: North Beach, Downtown (old Harbor Bridge approach area?) and Mustang Island, within Corpus Christi city limits. Our area could support a string of such casinos similar in capacity and competition to both the Mississippi Gulf Coast and all of the State of Louisiana. Texas will soon tire of allowing LA to Recommendation: No change. Walking and biking is not just for tourists but to help make Corpus Christi a complete community with more choice in transportation and in recreation. Corpus Christi has a mild climate 6 to 9 months of the year—when the winter Texans come. In addition, it has poor public health statistics that could be improved with more opportunities to walk and bike. Same as consultant. 13 14 siphon off its gambling income, and if these areas do not become casinos within the next decade, the areas could later be re-purposed. My guess is that we have a race between 1) casino gambling legalization and 2) true on-line state sales taxes to see which potential revenue stream Texas next exploits. Both are huge. By the way, very few want to pay more to fly into Corpus Christi to get on a cruise ship. There are more lucrative paths into the hotel supply business. We should quit trying to ride that dead horse. 3) Use water and sewer line construction and reconstruction as the means of controlling new development. The Lord (and everyone else) knows we have huge (billion$) existing infrastructure reconstruction needs in Corpus Christi. Make sure all EXISTING infrastructure reconstruction needs are met PRIOR to EXTENDING water, sewer, street, curb and gutter to any new areas. This will asssure that redevelopment trumps continued sprawl...folks are tired of new developments getting new city utilities while they experience generations of neglect by the city and the decay of their neighborhood infrastructure...some neighborhoods are losing their local parks! If developers complain, tell them to check out opportunities in places like Henderson, NV. 4) When dismantling the old Harbor Bridge, accidentally drop enough of it on the old courthouse 12 A watered down version for developers: it appears a small group of developers will once again prevail over the wishes of the people for no more sprawl. their is no plan for the chapman ranch except to tax it. it is also obvious developers want to expand the population in areas that will be submerged in the next hurricane. Plan CC 2035 is turning out to be a waste of money as none of its recommendations will survive political pressure. Recommendation: No change. Same as consultant. 14 13 1. Pg 10: Under Pursue high—quality development, delete "and establish high quality design standards for private development" 2. Pg 13: Natural Systems — Add bullet point under Recommendations: Element 3, Goal 5, potential additional policy: potential language could be: "Support the Coastal Bend Green Built program or any equivalent program as the green building standard for residential development and promote LEED (Leadership in Same as consultant, except on page 36 regarding land use categories: Rename the residential land use categories in this way: 1. — "Promote a drainage plan for the New Energy and Environmental Design) standards or the equivalent • Low Density Southside and drain it to a location other than for non-residential building." Residential — up to 4 the Oso Creek." Dwelling Units Per Element 6 Acre, color code is 3. Pg 14: Open Space, Parks and Recreation — a) Goal 2 — street system; policy three — " integrate Light Yellow Remove first bullet point under 9. transportation planning with utility infrastructure planning." • Medium Density Adding "neighborhood planning" after "transportation residential —4 to 13 4. Pg 17: planning" is a good idea. Dwelling Units Per a. Resilience — Point 1. — what does this b) Goal 3 — reconstruction program for local streets — change Acre, color code is mean? "consider" to "create." Bright Yellow b. Point 2. — Delete until specifics are • High Density shown Element 8 Residential — greater c. Resource Efficiency — Add a bullet Page 33 Land Use Principles box, bullet 3 under Housing and than 13 Dwelling point under 5. — "...and adopt the Neighborhoods, change "Locate" to "Promote the location of" Units Per Acre, color Coastal Bend Green Built as the official code is brown Green residential program of the City Page 36 et seq. — Residential uses definitions and keys to the maps: of Corpus Christi." The commenter would like the three density levels of single This eliminates the category family residential uses to be collapsed into one single family of "High Density Single Family 5. Pg 19: Line 1 under "Housing and residential land use category. In principle, this is acceptable Residential." Neighborhoods" — Delete "Connected" in the and this would leave density levels to be a matter for zoning sentence — "High —Quality, safe, connected and within the overall single family land use category. There are The names of the categories diverse..." pros and cons to this approach. The different density would no longer reference categories were chosen (1) to follow the City's existing single- or multi-family, rather 6. Pg 20: Housing — practice of indicating low/medium/high density; (2) to allow just "residential" with an a. Add second bullet point to 1. — for designation of areas likely to be affected by imminent associated density. "Create a "Housing Czar" at City Hall to airport zoning as lower-density; (3) where possible, to indicate coordinate all the Housing—Related transitions in density. Since so much of the City's land area is Response to specific entities." designated for single family residential uses, if one single- comment #5 -- The text on b. Housing — Bullet point under 5. — family land use category were to be used, the City should this page is from the vision Change the wording of the second review and update single family zoning as needed to ensure that was agreed to by the bullet point to read — "Promote that it meets Plan CC goals and principles relating to issues Citizens Advisory Committee resource—efficiency in all new housing such as building neighborhoods and not just isolated and reviewed by the Planning through financial, as well as non— subdivisions, transitions from lower-intensity to higher- Commission. The idea of financial incentives, such as permit intensity uses, and so on. "connected" neighborhoods streamlining." also relates to goals in other 15 16 a. Neighborhoods i. Bullet point under 7. — Remove "walkable" ii. Add to third bullet point — "The "Housing Czar" will..." at the beginning of the sentence b. Community Identity and Sense of Place 1. Delete the wording in 8. — "rather than creating isolated subdivisions or apartment complexes" 2. Delete first bullet point entirely 7. Pg 23: Goals a. Add to first bullet point of 2. —"Create a system to..." to the beginning of the sentence b. Remove third bullet point under 3. 8. Pg 27: Goals a. Change the wording of the third bullet point under 2. to — "Integrate transportation planning with utility infrastructure and neighborhood Responses to specific comments: 1. Vision and Principles: The Principles statements were approved by the Plan CC Citizens Advisory Committee. Design standards created by cities are not about architectural style but about impacts on the public realm to create attractive and functional development. They are more relevant to non-residential development. 2. Element 2 — Goal 1: The proposed policy in the comment is a strategy or action rather than a policy because it specifies a particular way to solve an issue. 3. Element 2 — Goal 9 - facilities and programs for swimming: While some programs and facilities exist, ensuring that everyone in a beach city has the opportunity to learn how to swim is a safety issue as well as a recreation issue. 4. Element 3 — Goal 1 -Holistic standard of resilience: a) Hazard mitigation and emergency planning should be reviewed regularly to make sure that it is adaptable to changing conditions. b) Resilience means preparing for disaster crises, being able to respond effectively, and being able to learn and adapt to change. A holistic, community -level standard means ensuring that people understand what the risks are and how to be resilient on the household and elements such as creating mobility options. development planning." business level, as well as the governmental level. b. Second bullet point under 3. — Change the c) See recommendation above. Residential development is not the word "Consider" to "Create" only development in Corpus Christi. 9. Pg 30: Infrastructure a. Add third bullet point to 6. — "Sell or dispose of under—utilized structures and 5. See staff response 6. Element 4, Housing put underutilized land in a "City -Run Land a) Goal 1— comprehensive housing policy. The proposed language Bank" ("housing czar") is a strategy or action and not a policy. It could be a b. Change 7. to read — "Public buildings, facilities and open spaces comply with ADA recommendation of the policy group proposed in the bullet. b) Goal 5 — resource efficiency: The proposed language would include (Americans with Disabilities Act) standards. financial incentives for resource -efficiency. Rather than have a separate inventive for resource -efficiency, it should be part of any 10. Pg 32: Under "From the Principles"; Delete the overall housing incentive program wording — "and establish high—quality design Neighborhoods standards for private development i) Goal 7 — policy bullet 1: urban villages are walkable by definition ii) Goal 7 — coordination: see above on "housing czar" 11. Pg 33: Community identity 16 17 a. Goals — Under 3. remove the wording "and private" from so sentence reads "public developments demonstrate high standards of design." In Lower Part of the Page, in the Box 1) Goal 8 — creating a sense of neighborhood from a set of subdivisions or apartment complexes means they have to be connected rather than isolate. 2) Goal 8 — interconnected development: the city needs to communicate the desire for connections, either through regulation or b. Housing and Neighborhoods — Third bullet point — change it to read "Promote the location of multifamily..." through voluntary guidelines. 7. Element 5, pg. 23 c. Efficient Development Patterns a) Goal 2 — attract and retain firms; policy one proposed language i. Remove first two bullet points "create a system to" seems redundant. ii. Remove the following wording from b) Goal 3 — entrepreneurial ecosystem: proposed elimination of policy fourth bullet point "combined with to encourage youth to develop entrepreneurial talents. No reason is minimum lot size in zoning and" d. Environment and Resilience i. Second bullet point change the word given to delete this. 8. Element 6, pg. 27 "Preserve" to "Promote the a) Goal 2 — street system; policy three — "integrate transportation preservation of land..." planning with utility infrastructure planning." Adding "neighborhood ii. Add, to the end of the second bullet planning" is a good idea. point, the wording "...by providing b) Goal 3 — reconstruction program for local streets — change incentives, both financial and non— financial, to land owners and developers" "consider" to "create." Good idea. 9. Element 7, pg. 30 iii. Third bullet point — change the word a) Goal 6 — City maintains municipal facilities for long-term use: "Avoid" to "Promote the avoidance of proposed additional bullet on creating a land bank of underutilized development..." land and structures owned by the City. This is a specific strategy that 12. Pg 36: Residential Uses may not be necessary depending on the results of the facilities plan I. Delete this wording from the first now being developed. sentence — "three density levels for b) Goal 7 — ADA requirements. Privately owned properties open to the single—family housing and a separate land use category for multifamily development and for mixed—use public (e.g., stores) are required under ADA to be accessible. 10. Element 8, pg. 32 development, which can include Page 32 — this proposed deletion is from language that was approved housing." by the Citizens' Advisory Committee. 11. Delete the entire wording of the Single—Family section 11. Element 8, pg. 33 a) Goal 3 — see previous discussion of design standards. 13. Pg 38: Under the "Key: Future Land Use Map" — Land Use Principles Box on pg. 33 Remove the 3 Single—Family Residential Land Uses b) Housing and Neighborhoods: Proposed addition/modification "Promote the location" instead of "locate" — Yes. 14. Develop historic sites in the City of Corpus c) Efficient development patterns — see previous discussion of cost - Christi such as Artesian Park efficient land use patterns; a specific zoning policy is not stated here 17 18 but simply that it is a tool to aid orderly development d) Environment and resilience: (i) In order to achieve the green corridor goals in the predicate of this sentence, promotion of preservation is not sufficient — the land needs to be preserved in some fashion. (ii) The proposed language is a strategy, not a principle. (iii) Hazard mitigation and resilience measures should be incorporated, not just promoted. 12 & 13. See consultant and staff recommendations above. 14. Not clear what is meant here by "develop" historic sites "like Artesian Park." The land was donated in the 1850s by Kinney for a park — making this one of the oldest parks in Corpus Christi. If "develop" means improve the park as downtown revitalizes, that seems appropriate. However, for the Vision-Goals-Policies comprehensive plan, specific actions of this type are not appropriate. 14 As an MBA student at TAMUCC, I see no point in staying in Corpus Christi. The focus on wanting graduates to stay is one thing but focusing on [illegible] is a mistake. Reconstruction of the downtown and the area of the bayfront is a start, however, no one wants to proceed with it. The wider variety of housing is too [illegible] and most people are just [illegible] with "very much," less options next [illegible]. Lofts downtown with better business in the area would thrive; the city needs to be more open with [illegible] and stop wanting this "retirement" city where nothing thrives and graduates leave. The job market is small and most students I've talked to notice this and to earn a job in a decent company is to know someone's dad or mom, or wait till someone retires and their position opens up. Recommendation: No change. Same as consultant. 15 I love the libraries. Don't make cuts to library please. We need to increase literacy and knowledge to build a great workforce and students and adults. Recommendation: No change. Same as consultant. 16 To whom it may concern: The vision that has become "Plan 2035" is a very nice concept of a city that we could work towards into the future, meaning possibly 75 to 100 years in the future. To date we haven't been able to keep up with our Recommendation: No change. Same as consultant. 18 19 infrastructure, street repair or our brush (debris) pickup. I can't imagine how you could possibly expect future Planning Commissions, or City Councils, to adhere to the prescriptions of this so called plan. I personally have two very large, exciting projects planned for the near downtown area that will fit beautifully in this vision, but we cannot set back the development of other parts of this city because of an unrealistic, unaffordable plan. 17 The following comment is provided by myself, as an individual, with copies to the Sierra Club and the League of Women Voters at the request of the Sierra Club, local arm. I reviewed comparative drafts of Plan CC 2035 this afternoon at Neyland Library. Value of Draft #1. Draft #1 is a valuable, annotated (therefore authoritative) resource. As a comprehensive, 150 page work, it rationalizes and instructs in options to implement goals and policies the community values. Let's don't lose track of it, even if Draft #2 becomes the final plan. Findings and strategies are eye-openers, even if a person may not agree with all of them. Seldom do we, the ordinary citizenry, know what steps we ought to take as individuals, shoppers, or investors to cause a plan or policy we favor to materialize. Draft #1 provides that knowledge. Also, this draft is valuable legislative history, to support the Master Plan, even if Draft #1 is not the winner. For that reason, I hope bound copies of Draft #1 continue to be available for purchase. Civic and professional organizations can use the findings and enumerated strategies for projects to improve the community. Draft #1 ought to survive as a guidance document to Draft #2, the abbreviated version. Why Draft #2 is Acceptable. Concerning Draft #2, restatements of goals and policies for core planning elements in 9 categories seem to be fully captured Recommendation: No change. Same as consultant. 19 20 in abbreviated Draft #2. Draft #2 can be thought of as an "executive" summary of detailed Draft #1. Only 2 chapters, city history and recaps of community comments, have been omitted as fully developed chapters. History and Comments are not really planning elements, but are considerations. The outcome reduces the volume from approximately 150 pages to a manageable 50 pages of proposed plan, expressed in the boxed "Goals and Policies" tables for each of 9 "elements." So long as Draft #1 is preserved to memorialize findings and to publicize potential strategies, Draft #2 is acceptable to me as a statement of policy to meet legal requirements for a Master Plan. 18 I have attended many meetings, regarding this new Comprehensive plan. I have read many sections from the original document. I think the comments made by Ron Olson at the end of the special city council reading were definitive for me. We must, by law, have a comprehensive plan. The money has already been spent and this plan will be adopted by the City of Corpus Christi. In addition, the comments made at the South Side Chamber meeting also matched my sentiments exactly. To complain about the Goals and Policies is like voting against motherhood and apple pie. They are lofty and desirable, to be sure. The comment about the devil existing in the details, is also true. I have EXTREME concerns after reading the strategies and actions that were included in the original document. I found them completely out of touch with our culture and climate. It is ALWAYS about the money. That being said, Unit 11 even mentions that the participants in the original study groups, were concerned that the goals were unattainable by our city budgets and limitations. Unit 11 also states that this plan was written to enhance the opportunity for the city to write and qualify for Grants from outside sources. Meaning, if we meet Recommendation: No change. Same as consultant. 20 21 their requirements, we could hope they will fund our future projects. User fees were the other strongly recommended option, since CCTX is at their property tax limit and previous bonds need to be repaid before more can be borrowed. I have great trepidation about how we will proceed once these Goals and Policies are adopted.... 19 On page 44 of the second draft tract; 16.35 acres of Lot 19, Section 40, Flour Bluff & Encinal Farm & Garden tracts is classified as Flood Plain Conservation. A significant portion of this acreage is not located in the flood plain. I request that the map only classify the portion of this tract that is in the flood plain as Flood Plain Conservation and the remainder be classified the same as the surrounding tracts Recommendation: Review the map and floodplain layers and make changes as appropriate. Plan CC Future Land Use Map has a category called Flood Plain Conservation, which indicates property located within the 100-year flood plain. This category is similar to the today's land use category called Conservation/Preservation. Recommendation: Staff recommends that the Plan CC Flood Plain Conservation designation in the Future Land Use Map match the areas designated in today's Future Land Use Map as Conservation/Preservation, which would reduce the amount of land categorized as Floodplain Conservation in both the South Side and Padre/Mustang Island areas. However, following adoption of new FEMA maps, the City should review the boundaries of the Flood Plain Conservation designation in the Future Land Use Map. 20 It was a mistake to remove the strategies from the second draft. The city has been going in the wrong direction for years. The only way to make the new city plan work is to make it enforceable. Once you Recommendation: No change. Same as consultant. 21 22 remove the strategies from the plan, it will just be put on the back burner and turn out to be wasted taxpayer money. Sitting back while the city sprawls southward endlessly and neglecting the rest of the city will burden the taxpayers which is what the strategies were designed to curtail. Removing them is a bad choice. 21 I am most interested in plans for our downtown area. I have lived in several places where the same opportunity/effort have presented themselves. I like the way we are encouraging permanent residents to move into our downtown. The condominiums and apartments appeal to the young as well as the senior members of our community. What I want to suggest is to be sure they can draw upon conveniences close to where they live which will eliminate the use of an automobile for short distances. I suggest at least one mid-size grocery with a pharmacy and deli; a dry-cleaner/laundry, and other small businesses permanent residents will use daily. Using current structures in the area or constructing architecturally appropriate buildings will add to the charm of the environment. Tourists, too, would use the everyday conveniences for sightseeing trips/picnic supplies, snacks in their accommodations. I am picturing residents walking to meet their needs pulling a small cart on wheels as they shop. We should make our downtown "comfortable" for day-to-day living. We have restaurants, small gift shops and our beautiful bayfront. We don't need a carnival for our pristine setting. Some places have neighborhoods that center around their residents' own needs as I suggested above. We can think of our downtown as it's own Recommendation: No change. Same as consultant. 22 23 community which is open for visitors and future residents to move in! I wish you much success as you plan and build our downtown into a terrific place to be. 22 The Sierra Club Coastal Bend Group continues to support draft Plan CC 2035, as a positive path toward an environmentally sustainable future for our city, and we hope that our prior comments submitted on June 14 will be considered. There has been tremendous effort to get this plan this far, and we hope it will become a reality. We are pleased to see an emphasis on resource conservation and hope that with this plan, and the cooperation of the development community, an answer to our ever-increasing urban sprawl may emerge, and that our aging infrastructure problem can be addressed. We are concerned that if Padre Island, our barrier island, continues to develop as the Plan shows, we face tremendous traffic problems during hurricane evacuation, even with an additional bridge, and possible extreme debris problems after the fact. Our area has many experts and scientists in the fields of flood control, riparian corridor best practices, traffic planning, etc. and we encourage solicitation of their input. The following are based on a brief review of the current draft plan. "Our Vision" Please add "birding" in the Stewardship area. Birding is important to our tourism economy. At Pat & Hans Suter Refuge it is not unusual to meet foreign visitors who have come to Corpus Christi for the sole purpose of birding. Section 8 - Efficient Development Patterns "Avoid development that is incompatible with the operation of military airfields and the airport." Have Recommendation: No change. Vision: Since the Citizens' Advisory Committee spent considerable time on the Vision and approved it, the wording of the vision encompasses birding, and environments for birds are mentioned in Element 2 (Green and Blue), it seems preferable not to modify the vision. Element 8 — Land Use, etc. -Development and the airfields: the Joint Land Use Study made recommendations about zoning to accommodate airport and airfield zoning and the City Council recently approved funds to develop this zoning. -Resilience: The holistic approach to resilience mentioned in goals and policies would include looking at elevation levels and upstream development. Same as consultant. 23 24 we checked with the military airfield to see how much protection they want, and what exactly might this protection consist of? NOTE: I have read on Caller.com that the military is not concerned about the proposed wind farm. TAMUCC is located very close to the base, and they apparently have not complained even though this does create traffic problems along Ocean Drive. Does the Port of Corpus Christi also need specialized mention? "Avoid development without resilience measures and mitigation in areas vulnerable to hazards. " We should also look at elevation levels and upstream development, to just consider a few elements. NOTE: When developing, we could consider predominant wind directions and place housing where it can take advantage of our beautiful coastal breezes. 23 I was the instigator in saving the old houses in Heritage Park back in 1974. They were to be destroyed and a parking lot was to go in that location. It seemed like the right thing to do. It proved to be worth the effort. I was also a partner/spokesperson in the Peoples Alley Project in 1976. Peoples Street was to be bulldozed, but we took control of one building and blocked the demolition. Then we brought people down there for a market on several Saturdays and it was a big hit. It was kinda like the Art Walk events, but on Peoples Street and also in the old Wards Building. I have developed some ideas over the years for Downtown. Here are 10 suggestions: 1. CREATE EVENTS The Jazz Festivals, the Dia De Los Muertos Festivals, and the Art Walks have proved that a lot of locals Recommendation: No change. The comments here are more specifically about strategies and actions related to downtown and not the overall Plan CC comprehensive plan. Same as consultant. 24 25 will come out on weekend nights for a good time. There should be an event every month in as many venues as possible. 2. PEDESTRIAN BUSINESS DISTRICT ON CHAPARRAL One way to get new shops and businesses Downtown would be to close Chaparral St.to vehicle traffic between Taylor and Williams along with all of the cross streets between Water St. and Mesquite St., Taylor and Williams. Invite citizen vendors of all kinds of merchandise including garage sale stuff to sell things at tents or booths in the street. It would serve as a business incubator to a large audience. Public electric and water outlets would attract vendors and food trucks, allowing them to avoid the noise and fumes of generators. Public restrooms should be located on every block. It should evolve into a type of world market, mercado, retail street with outdoor cafes.lt could start with one block and expand one block at a time as demand requires. Keep it simple. And fun. 3. PARKING GARAGES ALONG WATER STREET The lack of free parking is one of the things that killed Downtown. It might be time to fix that. Build multi-story mixed use garages on the four blocks of vacant land along Water St. between Schatzel and Williams. Retail at street level with wide, landscaped sidewalks, and apartments and offices could be placed on top to take advantage of the views. A 4. CONNECT WATER ST. TO SHORELINE BLVD. NEAR PARK AVE. Connect Water Street to shoreline Blvd. south of Park Avenue. Let Water Street curve up to Shoreline as a boulevard with a landscaped median. This will give a better, more direct link between Downtown and the beach Park - something it lacks now. Water street behind the Shoreline Terrace will be closed from there to Park Avenue. 25 26 5. CONNECT MESQUITE, AGNES, LAREDO STREETS TO WATER STREET Agnes and Laredo Streets, and Mesquite Street need to be rerouted at the Kinney Street intersections. Agnes and Laredo Streets would curve onto a widened Kinney St. and proceed to Water Street. This will allow Chaparral Street to be closed off as in #2. Mesquite Street will be converted to a two- way street all the way to the Harbor/SEA District. Traffic then could circle the Chapparral Street Pedestrian shopping and festival area in both directions. 6. ADD MUSIC Various musical style bands could play on stages at the cross street intersections regularly. Music always attracts people. It must be well lit, possibly string lighting. 7. RETAMA PARK OASIS Retama Park should be expanded into a larger urban oasis by incorporating the block south of the park where the drive-thru bank sits. Schatzel Street would be closed between Mesquite and Broadway. The old 2-story building on the corner of Lawrence and Broadway could be re-purposed to relate to the park. A water feature or rock garden would be nice features in the new park. 8. TUNNEL CONNECTING UPTOWN AND DOWNTOWN The new Retama Park needs a better connection to the upper bluff area. Build a brick-paved walkway about 35' wide (3 lanes) to connect the Retama Park to to Leopard Street between the Wilson Building and the 600 Building.The 600 block of Leopard Street would be closed to vehicle traffic and made into a pedestrian plaza. Westbound traffic on Leopard St. would be routed to Lipan St. on the south and to Buffalo St. on the north to access Downtown from Uptown. 26 27 9. BUFFALO STREET CONNECTION The traffic ramp from Taylor St. up th bluff to Buffalo St. will replace the Schatzel to Leopard Street ramp when Schatzel is closed (in#2). It would be nice to have a new, more direct connecting ramp from Taylor street up the bluff onto Buffalo Street but we could live with just improving the existing ramp. Buffalo St. will become a major entry/exit to both Shoreline Blvd on the East, and to IH37 on the west at rush hours when the new Harbor Bridge changes traffic patterns. 10. RESTORE THE OLD COURTHOUSE We simply cannot sit here like helpless turtles on our backs while this GRAND DAME of south Texas architecture deteriorates when it could be making not only a reputation as a destination, but possibly money. A fine arts school/museum/gallery or a law school/law offices/mock courtrooms, a CASINO, or a South Texas History center/museum, etc. The building would make a great casino. Until the state law is changed the casino would be more like a pay to play with no tangible monetary rewards. People like to play all kinds of games that they don't get rewards for, so why not gambling games in a casino atmosphere. One thing I believe to be important is the preference of most citizens to maintain their view of the water from Shoreline Drive. Many people have proposed construction of structures on the median or over the water, and the citizens have opposed it every time. No one has a right to abscond with our view for their personal use or for profit. No restaurants, offices, condos, parking garages, mounds of dirt for landscaping, etc in the PUBLIC view space. I personally would like to see the East Shoreline Dr. 27 28 north bound lanes along McGee Beach used for parking. Two lanes along the seawall for head-in or even back-in parking, and the other two lanes for 15 MPH traffic using speed bumps. 24 In going over the new draft I noticed some property I have an interest in in Flour Bluff is classified Flood Recommendation: Review the map and floodplain designations and make adjustments as needed. Same as consultant. Plain Conservation. The tract is 17 acres, about half is above the current BFE of 10' and over 40% is higher than 14'. Looking at other west side Flour Bluff property similarly classified the determining factor is property line rather than the 100 year flood line. To help meet resilience goals without limiting property owners' use of their land I would suggest that the City adopt language that would require all new structures a finished floor elevation built 2' above BFE. That would accomplish the strategic goal of resilience, should be well received by FEMA & make sure all property is subject to equal treatment giving us a more resilient community over all areas. -Resilience/floodplain issues: In areas where properties have a substantial area to build or expand development outside the floodplain, preferable preservation of a floodplain conservation area by keeping development out of the floodplain entirely seems the most prudent option, since the potential impacts of extreme weather events appear to be increasingly unpredictable. The idea of a 2-foot freeboard requirement through a special permit process where the property owner would have to provide a justification for not conserving the floodplain altogether could be an appropriate way to encourage preferable preservation while providing an option. Since this is a specific strategy, in the Second Draft Plan CC, this idea would fall under Element 3, Goal 2, policy bullet 2, "Promote implementation of flood-protection measures throughout the city." Also in the first draft there was verbiage on sea level rise based on the Rockport tide gauge. Of the four closest long-term NOAA tide gauges, Rockport shows the largest change. Rockport also has numerous shallow fresh water wells making the area subject to subsidence due to ground water pumping. Below is a list of the closest NOAA long term tide gauges to Corpus Christi. This strategy and information on sea level rise measurement can be incorporated into the Background Document. Location Rise-mm/yr Rise by 2100 Rockport 5.27 19" Bob Hall Padre Island 3.48 12" Port Mansfield 1.93 7" Freeport 4.43 16" 25 In 2014 I bought 227 acres on Mustang Island. It is in Recommendation: Review and make any necessary changes to Recommendation: Change CC on the west side of 361 & just north of the Island Construction site. The area is zoned rural farm. Mustang Island land use. the Future Land Use Map designation to Planned 28 29 Besides farm/ranch use, I understood that this designation is sort of a holding zone. Once an owner has a use plan, the owner can present it and request a zoning change which may or may not be granted. I have several ideas for development of a portion of the tract. Under the proposed development plan, this tract is to remain open space. I strongly oppose this proposal. It seems the rules are being changed in the middle of the game. Thank you for your consideration of my input. Development in the area on Mustang Island north of Fire Station 16 and south of the City Limit Line. 26 Correct errors in map data showing the location of the southern city line on Padre Island. Recommendation: Review and correct any map errors. Same as consultant. 27 • Page 10, Promote Tourism — tourism represents 25% of the local economy • Page 10, In reference to "Pursue high- quality development" and change to „ Pursue quality development. • Page 12, insert a reference "to maintain and improve natural systems, parks and green areas." • Page 17, Goal 4. policy — insertion of the word "compatible" renewable-energy options available to homes... • Page 27, Item 4. policy — strike the phase Long Range Strategic Plan Recommendation: A goal and policies for second access to Padre Island could be added (Page 27, addition of Goal 7). p. 10 comments — These are general principles agreed to by the Citizens Advisory Committee and reviewed by the Planning Commission. They are intended to be general values and not specific economic development policies. -The section on economic development includes tourism and other traditional economic sectors, such as oil and gas, as well as emerging and potential new sectors. -No reason given for eliminating "high." P. 12 comment—The text on this page is from the vision that was agreed to by the Citizens Advisory Committee and reviewed by the Planning Commission. Goals and policies in this section refer to maintenance and improvements on page 14. P. 17 Goal 4 policy — Not clear what the purpose of adding "compatible" would be since incompatible options would not be chosen by homes or businesses. This is just about encouraging the offer of choices, not requiring any property owners to do anything. p. 27 — The phrase "Long Range Strategic Plan" is the title of the document being referred to. P. 27 -- addition of Goal 7 on second access to Padre Island. This is discussed in the background document and could be added as a goal in this section. Page 33 -- policy reference to redevelopment authority. Cities where the city council acts as the board of a redevelopment authority without professional staff in a defined agency typically do not gain effective performance from the redevelopment authority. Part of the reason for Recommendation: Add a 7th goal to the Transportation and Mobility Element as suggested in the public comment that supports a second access to Padre Island. • Page 27, Add Item 7. Goals-Promote and Support a Plan for a second access on and off Padre Island; policy —maximize evacuation; diminish risks in traffic congestion; enhance safety; promote safe growth • Page 33, Item 1. — policy strike or similar agency insert- "comprised the City of Council." • Page 33, Item 6. policy — insert "City complies to prior annexation agreements." 29 30 having a redevelopment authority is to have professional staff who are knowledgeable about real estate and planning. Legislation to set up the authority would need to include clear language about how, for what purposes, and with what requirements the agency may act, and the relationship to city council. 28 Cape Summer on Padre Island is already platted and planned for commercial, mixed, resort uses. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development not Flood Plain Conservation. 29 The color-coding of the Future Land Use categories Flood Plain Conservation and Permanent Open Space are too similar. Recommendation: Find a way to better distinguish the two categories. Consider adding cross-hatching in thin black line to the Flood Plain Conservation layer. 30 The property around Island in the Son Church is planned for development. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 31 The southwest corner of Whitecap and SPID is private property planned for development not permanent open space. Recommendation: Change this property's designation in the Future Land Use Map to Mixed Use to fit in with the Neighborhood Village concept proposed by Plan CC on the east side of SPID. 32 The north side of Packery Channel is anticipated for commercial development. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 33 The areas between the Seawall and Leeward Drive are in need of commercial uses within walking distance of residential uses/tourist accommodations and the beach. Recommendation: Change this area's designation in the Future Land Use Map to Mixed Use. 34 Two "fingers" of land are missing north of Whitecap, east of SPID. Recommendation: Update the maps in Plan CC to show these land masses, and designate them in the Future Land Use Map as Medium 30 31 Density Residential (4-13 units per acre). 35 Padre Isles Golf Course should not be planned for commercial development. Recommendation: Change this property's designation in the Future Land Use Map to Permanent Open Space. Only the area of the golf course developed by Schlitterbahn should be designated as commercial. 36 The property just northwest of the Schlitterbahn property should not be designated as commercial in the Future Land Use Map. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 37 The triangular piece of private property on Aquarius Drive across from the City park and Fire Station should not be designated as Flood Plain Conservation in the Future Land Use Map. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 38 Though outside city limits, the Port/Ship Channel (Industrial District) should be Heavy Industrial Recommendation: Change this property's designation in the Future Land Use Map to Heavy Industrial. 31 COMMENTS ON THE SECOND DRAFT OF PLAN CC DATED JULY 2015 Public Hearing Comments from the August 12, 2015 Planning Commission Meeting Comment Consultant Response Staff Response 1 • Everything in the Plan seems very generic —just pie in the sky. No actual action is called for: no call to "rezone these areas or to build these things." The plan is missing a call to action. • I want to see a safe network of bike trails so I can get to different parts of the city. Trails along drainage ditches would be good idea. • Oso Parkway Plan was created but nothing has been done to build a trail in 20 years. Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Likewise, the Background Report includes strategies and actions for a bicycle network and for implementation of the Oso Parkway Plan. Recommendation: Same as consultant Element 9, Goals 2 and 3 in particular address a commonly expressed concern of citizens about the implementation of Plan CC. 2 Member of Citizens Alliance for Fairness & Progress: I take exception to transition of the area north of IH- 37 being called out in the future land use map to transition from residential uses to industrial uses. That neighborhood is still livable. Recommendation: No change. The transition is already taking place piecemeal. The transition area designation indicates a need to address how the neighborhood could transition over the long term. A specific plan for this transition with community participation would be needed. A transition plan should accommodate potential life estates for older people who want to live out their lives in the neighborhood. A planned transition for the whole neighborhood is more likely to provide a better outcome than the continuation of incremental incursion by non-residential uses and declining values. Recommendation: Same as consultant 3 I am a member of Citizens Alliance for Fairness & Progress In 1944, the Planning Commission addressed the "Negro" problem of overcrowding in Washington Coles. They were concerned that overcrowding in Washington-Coles would lead to blacks moving to white parts of the city. The City asked whites to leave Hillcrest so blacks could be "contained." The neighborhood has more than 1,200 people, 450 single family houses with 70 years of history 1992 — City adopts Preservation Plan, called for protecting Hillcrest as historical district. Since the late 1980s, there have been five attempted plans for Hillcrest. Each plan called for the revitalization of the neighborhood, but the city didn't want to do that. • City has allowed encroachment of industry into the neighborhood. Recommendation: No change. See comment above on Item 2. Recommendation: Same as consultant 1 2 • Affects neighborhood churches • Citizens Alliance opposes any plan calling for Hillcrest to be a transitional area; residents will not lay down this issue 4 • Online comments didn't go through. • Goal 7 — Magee Beach is underutilized. o Unique to Corpus Christi; other cities would love to have o Magee Beach should be exploited; made safe o 12" steps are dangerous; overlay shorter steps with handrails are needed o Encourage more people to use it o Facilities needed for restrooms, changing clothes; clothes lockers o Volleyball courts, Frisbee golf, trash cans, beach cleaning are all needed — utilize unemployed • Bicycle Traffic o The city needs a safe network across town o Coordinated bike facilities • Goal of economic diversity to retain creative class. o Very important to city's progress o Since weather is generally pleasant, this should be a "festival city" Recommendation: No change. The Background Report, the Parks and Recreation Master Plan, the Mobility CC Plan, and the upcoming bicycle and pedestrian plan being created by the MPO all address these issues. Recommendation: Same as consultant 5 • The city has become unmanageable ("sprawl") — going from one side of SPID to the other takes 20 minutes. • Traffic problems created by people living on outskirts of city traveling to workplaces located in central part of city. • Plan CC seems to aim at restraining sprawl and rebuild older areas • Lamar Park Shopping Center is walkable; can get there from your neighborhood. There is no fence forcing you to walk all the way to the corner [no barrier to walking there]. • Problems created by building in flood plains — south of Oso Creek's recent spring flooding an example Recommendation: No change. Recommendation: Same as consultant 2 6 My family owns property in Washington -Coles • Another dimension of work needing to be done: o Only two sentences about Washington- Coles/Hillcrest in Plan CC o Plan CC calls it a transition neighborhood o Make a diagram of race/income — we should not make decisions when information is missing. • Code Enforcement at Hillcrest houses — o Police should not have taken over Code Enforcement; 10 police officers entered a woman's home over an issue with windows. Waste of resources in addition to frightening citizen. o Who is behind the transition? • Harbor Bridge replacement is being done to increase height; to accommodate traffic from the Panama Canal. o Blue route would have not interfered with property. o The new bridge will destroy current places. o Benzene will be a threat if the red route is selected for the new bridge. EPA has report on effects. • There must be some persons or company who profits by getting rid of Hillcrest. • A black Spanish slave was the first non-native to explore Corpus Christi. • Look into Pioneer company in Houston for a plan to use in the North side of Corpus Christi; includes apartments/townhomes Recommendation: No change. Washington -Coles is not included in the proposed transition district land use designation in the future land use plan because it will be reconnected to downtown when the bridge is built. It is included in the Downtown Area Development Plan as an area for revitalization and mixed -income housing. It could be developed to welcome residents from Hillcrest who want to stay in the general neighborhood but who now would be much better connected to the rest of the city should the Harbor Bridge be relocated as is currently proposed. Recommendation: Same as consultant 7 I am a third generation Corpus Christian. • My grandfather's business was wiped out in the 1919 hurricane. My father was a teacher at Solomon Coles; later had medical practice for 35 years on Sam Rankin Street. • "Body of Christ" —The name of our city gives us a definition of who we are and how we should treat each other with civility, and the needs of people — no matter what part of town. • We need a vision for Corpus Christi that comes together to be sensitive to the needs of residents. • San Antonio has the Alamo; Houston as, "what?"; Recommendation: No change. See comments to Item 2. Recommendation: Same as consultant 3 4 Austin has the Capitol; we are Corpus Christians 8 I am a commercial real estate broker. • I am in favor of planning, but I want a plan that works for a majority. Plan CC has great potential. • Parts of the plan need work: • I suggest the consultant, staff, realtors, architects, builders and engineers review chapters 11 & 12 together [reference to 1sT draft's chapters]. • If changes aren't made, that group will not be behind Plan CC. Recommendation: No change. Comments are on the first draft of the plan, which is not the document being proposed for adoption. There is no Chapter 12 in the first draft of the plan. The commenter was likely referring to Chapters 10 (Future Land Use, Zoning, and Urban Design) and 11 (Stewardship and Implementation of the Plan). Recommendation: Same as consultant 9 I am a builder/developer/consultant and a 3rd generation Corpus Christian. • Next 9 years we'll double our population in the MSA (TX A&M). People are coming because of international economics not just quality of life. Predicts addition of 1.2 million people in the MSA. • Referring to Future Land Use Map: 1 house for 20 acres is a problem. People will go outside the ETJ. • How do we pay for everything if we keep expanding? • Has a plan for developing North Beach — preferable to sprawl • Walking concept is good, but what can we afford? How much will people utilize walking/biking in hot climate? • We can't dictate where people are going to live and at what density; developers build to meet demand. • Sit down with developers and realtors for input. Recommendation: No change. Comments refer to misinterpreted aspects of the first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 10 Member of the Association of Realtor Government Affairs Committee. Reiterates what other brokers/realtors have said and adds that the problems with Plan CC are: • Regarding the adoption of rental housing registration -- Council has already examined this idea and discarded it. • Implementation of Plan CC relies on having a Planning Department, the re-establishment of which may or may not happen. Recommendation: No change. Comments refer to the first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 4 5 • Redevelopment Agency — This is eminent domain. An entity that can take property is scary; especially if they are not elected officials. 11 Member of Plan CC Citizens' Advisory Committee • More growth is coming • We don't have sprawl; we have growth because there's only one direction you can grow. o North there are pipelines o West is the Oso Creek o East is the bay • Need annexation of more land and revitalization at the same time. • The 2nd draft of Plan CC is much improved, but there are some changes that need to be made. Recommendation: No change. Recommendation: Same as consultant 12 Member of the Assoc. of Realtors • Plan CC doesn't contain an annexation element • Needs Industrial Agreement • Needs Capital Improvement Program • Some things need to be talked through further Recommendation: No change. Background report contains discussion of annexation and industrial agreements. The City has a Capital Improvement Program that refers to the comprehensive plan for projects and can be adopted by reference when it is prepared. Recommendation: Same as consultant 13 On the Board of Realtors • The city is growing. Example: I used to dove hunt of Slough Road; now it's full of development • Downtown is not doing well. • People want to spread out and want white picket fences • 1 dwelling unit per 20 acres infringes on individual property rights Recommendation: No change. Comments based on first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 14 Member of the Westside Business Association • Supports Plan CC— it's an equity growth plan, provides choices for all areas • We have an affordable housing crisis • There is potential in historic sites, such as the Galvan Ballroom • I want to see downtown developed; I want to live there and be able to walk to the beach. • The city needs a plan in order to get grants; City charter calls for a plan • It's time to start working on revitalization Recommendation: No change. Recommendation: Same as consultant 5 15 • No complaints about Plan CC; especially likes Elements 5 & 6 • But is concerned with implementation — how do we get there? • Tie Element 9 into everything else; make it more detailed • Include more detailed action items. Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Recommendation: Same as consultant 16 • Does affordable housing include manufactured housing? • Make use of empty lots on North/West side. I'm frequently asked about moving manufactured homes there and always have to tell people it's not allowed. • Manufactured housing can be beautiful. • Currently not allowed to move a second Manufactured House onto a lot that's been vacant for one year after another Manufactured House has moved — that is discriminatory. Recommendation: No change. The City can take a look at manufactured housing during implementation. Addressing the issue in the code is not really a comprehensive planning item Recommendation: Same as consultant 17 • General support for Plan CC • Affordable housing for people of extremely low income need to be better addressed (elderly for example) • Plan should consider inclusionary zoning — vacant lots, empty buildings, in -fill • Deeply subsidized rental housing is needed; enough to meet need — look at each Council district's needs. HUD definition of no more than 30% of income = affordable housing • City's consolidated plan • Ask that it be included in Plan CC • Statewide trend — people moved from being institutionalized into homes; Corpus Christi not able to do that due to lack of housing Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Recommendation: Same as consultant 18 • Supports Plan CC as a resident • It's a good start. • It addresses the need to improve infrastructure and in -fill. • Of course, people want to move to south side where the infrastructure and schools are good. But, abandoning infrastructure in older neighborhoods pushes people to the south side (example: Houston Heights) Recommendation: No change. Recommendation: Same as consultant 6 7 • For the first time, we are addressing the need of sharing wealth and revitalizing the city 7 First and foremost, thanks and acknowledgement must first be given to the City of Corpus Christi, City Council, City Staff, Goody Clancy, Kailo Communications Studios, and all the community partners and citizens that gave input and insight to bring Plan CC 2035 to this point. Too often, we as a community play armchair quarterback and forget that there are real, actual humans beings who blessed our City with their intellectual property to deliver a plan-- and we cannot begin a conversation without first saying thank you for giving us your brain, your subject matter expertise and your time. To everyone that participated, I thank you. Over the many months of public comment, discussion with neighbors, associates and outright strangers in the community, it's been interesting to have the opportunity to talk about Plan CC. From the beginning up to this point, this has been an overriding theme of my conversations: "Oh, here goes the city dumping money in a plan again. People will fight. And the powers that be will make sure that nothing changes in the plan. Nothing will ever change in Corpus." Maybe nothing changes in Corpus. My official rebuttal is this: I live in Corpus Christi. I live in a city where transformation is possible. I live in a city that can plan for its future growth patterns and economic development and address its existing challenges through innovation and smart strategic planning without squelching new ideas and new development. I believe this City can do so based on sound, fiscally responsible policies. Plan CC is - at its core - symbiotic in nature. Each Element in the plan is tied and supported with another Element. The success of one Element is correlated and integrated with the success of another Element. In this citizen's estimation, this is nothing short of brilliant. Having circled this Earth 41 full times, I know that nothing motivates cooperation more than self-interest. So, for no other reason than that there's something in each Element for everyone to benefit and profit on, I simply say YES! For example, the entirety of Element 2 (Second Draft) focuses on Parks and Recreation and green spaces. But within that Element, there exists a subtle acknowledgement of the challenges that the City faces when dealing with the rapid pace of deep Southside development - and the goals and strategies of Element 2 is supported through components of Elements 3, 7,and 8 (Second Draft). Let's just take ONE component of what Element 2 addresses: the protection of our natural resources and green spaces. As many are aware, it is a fiscal challenge for the City to meet the sewage system needs of these new (and sometimes older) neighborhoods. The demands of this housing market dictates a solution, but that solution (septic systems rather than infrastructure to address these neighborhoods' waste needs) can potentially damage the delicate balance that must exist between urban spaces and the protected natural resources adjacent to them. Parks and green spaces like Oso Bay, Oso Creek and the Laguna Madre not only strength and support the quality of life in Corpus Christi (a core mission of Plan CC), but supports the City's second biggest industry - Tourism - which is a component of Element 5 (Second Draft). These ecosystems and natural resources are a tremendous asset and unique economic driver in Corpus Christi as it relates to the big business of Nature Tourism. Therefore, by simply having goals and strategies supported by actions to protect our natural resources in Element 2, Plan CC simultaneously addresses strategies in Elements 3, 5, 7 and 8 (Second Draft). Letters Submitted Page 1 As another example of this symbiosis, Plan CC addresses diversifying the economy and strengthening our workforce in Element 5 (Second Draft). The implementation of Element 5 would be critical for the success of Elements 4, 6, 7 and more. Once again, let's take ONE strategic component of Element 5 - a diversified economy of well -paying jobs that promotes the expansion and emergence of new industries. Through the strategic implementation of Element 5, Corpus Christi can not only maintain and support existing industry, but will also attract new businesses that bring in a workforce of professionals (sometimes referred to as the creative class) that want to experience the City through its diverse and varied lifestyle options. Successful implementation of Plan CC and Element 5 creates the opportunity for the City to compete against Austin or San Antonio in a promising way. Demographically, these types of professionals cannot be put in a box, as some public commenters suggest when they say "These people will only want to live on the Southside." In fact, some of these professionals - like my neighbors and friends who live in the more centralized areas of town - will ALSO seek housing and a lifestyle addressed and outlined in the in -fill portions of Plan CC strategies. Regardless of where the they want to live, the types of professionals Element 5 will bring to our community will help create a market of ALL neighborhoods in our community. Additionally, they will help grow our city in a way that will have less negative effect on Corpus Christi's current budgetary constraints. In a city where over 1,000 miles of streets need to be repaired (and over half of those miles do not have a plan for repair), where storm and drainage systems are failing in some neighborhoods and not functioning to their fullest capacity in others, its notable that Plan CC encourages in -fill development so that the tax base is not burdened with the creation of new infrastructure without a plan to support its existing infrastructure. Similarly, from a public safety issue, in -fill development helps CCPD and CCFD control the pace of expansion where their services are unfairly stretched to meet. Clearly, I believe in this plan. I think it's smart. I think it's progressive. It gives me hope for this city that I love. My main concern is the stripped down nature of the second draft of Plan CC as compared to the first draft that was submitted in May 2015. The first draft has action items tied to the goals, strategies and policies - as a comprehensive strategic plan should. The second draft of Plan CC without the goals is less a plan and more a guide. And - as referenced in the beginning of my comments - the City of Corpus Christi has had many guides to follow with middling results. I understand that there is reasoning behind taking out the goals. But I feel compelled to use my voice as a Planning Commissioner to urge City Staff to package the goals and the policies with the associated actions. Based on this, my comments would be to find some of the actions from the first draft that are attainable in the short term and include them in an addendum to the Implementation Strategy in Element 9 (Second Draft). For example, in relation to Element 5, Goal 1, the City of Corpus Christi and the Regional Economic Development Corporation can partner with existing leaders in our community like the fantastic Chambers of Commerce, Texas A&M University -Corpus Christi and Young Business Professionals to begin the process marketing Corpus Christi to start-ups and emerging technology industries. Once some traction is gained in these efforts, perhaps the REDO can justify hiring staff members to support this effort. This is just one simple way to include actions in this strategic plan. There are many. I hope that City Staff and the teams that have worked so hard thus far can keep the strategy in this comprehensive strategic plan. Letters Submitted Page 2 My parting thought focuses on the displacement of the Hillcrest neighborhood as it is identified as a transitional neighborhood. If nothing can truly be accomplished to strategical enhance this neighborhood, it is the responsibility of our City to ensure that PIanCC includes a way that the residents from this historic and treasured area be treated with dignity. This neighborhood is more than a group of houses in an area of town. It has a deep and abiding historical significance to our community and to the generations of families and business owners that built it. Letters Submitted Page 3 Andy Taubman xandytaubmanx@gmail.com June 15, 2015 Members of the City Council and PIanCC2035 Working Group, I am a big fan of planning. Planning allows everyone in the market to have good information so that tasks can be completed efficiently, costs can be lowered, insurmountable roadblocks can be avoided, everyone can work toward the same goals, and so that open discussion can result in an optimal strategy for all involved. I have just finished reading the Eleven Elements of PIanCC2035 and wanted to provide my feedback within the context of written public comment. I expected detailed engineering and budgets related to the following: 1. Road easements and transportation rights of way. Over time, two lane roads will need to expand into four lane roads. High capacity roads will necessarily ring the city will require high capacity interconnection. For example, is there specific planning related to the Southside Mobility Corridor? 2. Drainage easements. As raw land is developed, drainage pattern often change both with respect to path and volume of runoff. Is there a written master plan and maps for drainage especially in areas in or proximate to the 100 year flood plain? 3. Utility easements and facility capacity expansion. Waste flows downhill, as they say. Has the City evaluated the relative elevations of the areas for new development such that lifting stations, new plants, or plant consolidations account for probable growth with detailed maps, plans, and budget? This is important from a site acquisition perspective and for strategic decisions (such as plant consolidation), as well as a budgetary impact. Is there a coordinated plan with AEP for large-scale service to new green -field areas? However, these key elements seem to be missing from PIanCC2035. A development master plan for new areas would have maps, elevations, and proposed routes with budgetary estimates for these infrastructure costs. The plan for existing areas would focus on details of infrastructure expansion or replacement with related costs. PIanCC2035 does not. In a twenty year plan, there is one any only one strategic imperative — to secure the necessary land, easement, property rights, and budgeted funding to allow growth to occur in an orderly manner. Failure to secure these property rights today will cause traffic, urban sprawl, delayed development, and increased cost of all development. It will never, ever be cheaper than today, when much of the land is raw. In fact, failure to properly plan and piecemeal development will permanently impair orderly development if natural traffic or water pathways have even a few houses blocking the least -cost corridors. Letters Submitted Page 4 If such a master plan existed, it would be actionable (e.g. demonstrate what property must be acquired) and would provide a budgetary framework to provide a financial growth plan. The financial growth plan would provide the discussion inputs to allow policy choices to be debated in a public forum to be decided by elected leaders or popular vote. PIanCC2035 does not provide this information. Thus, PIanCC2035 is neither actionable nor elucidating. It is merely a political document framed within boiler plate, artificial assumptions imposed by urban -planning, social engineers whose primary tool is centralized government command and control. The conclusion was pre -ordained by the constraints which force prioritization of downtown over larger -scale tract development in outlying areas but still within the City. The study completely repudiates the clear and rational trend of the last twenty years of growth to the South and West and ignores the (unfortunate but real) social and economic factors which continue to weaken the near -downtown neighborhoods. I reject the notion that residents prefer high density environments and would walk/bike in 100% humidity / 100 degree temps. Given this reality, there is a high likelihood of mal -investment in things like redundant bike lanes for example. For the plans vision to occur, it would require a change in current preferences and behavior of residents. I also reject the notion that developers prefer green -field development due to differences in land costs. The primary obstacles to infill development are the high cost of unnecessary regulation, the absolute low value of surrounding neighborhood houses in poorer areas. Of course, these proposed wonders of social engineering can be achieved, but only through government subsidy to both residents and developers to incentivize behavior that is un -natural or non -economic. That's the between -the -lines summary of the PIanCC2035 action steps. If you think that new roads, sewers, and stormdrains are expensive, they are a bargain as compared with forcing changes in human behavior on a large enough scale to matter. Because the plan does not incorporate reality as demonstrated by recent experience, nor understanding of the motivation of the market participants, the result of implementing PIanCC2035 is probably failure in terms of actual cost, opportunity cost, and sprawl. The outcome will be the exodus of population and developers to outlying cities or the other side of the Bay. Growth in new housing stock and the economic growth attendant with a vibrant population will reverse. As infrequent and limited government funding becomes available, a few demonstration projects will be completed at great expense to the taxpayer in the form of subsidies, but not on the scale necessary to make one bit of difference to the housing market or character of the city. Every now and then there will also be a spectacular failure (e.g. La Raza), because ultimately governmental entities often get the short end of the stick in public/private partnerships. Twenty years from now the failure will be attributed to "bad luck" when in fact it was a bad plan. I believe that this report is a fig -leaf to hide behind politically to obfuscate the real issue. Here is perhaps the only question that matters: If and when will the City take the necessary tangible steps to support large scale development on the South-west side of Oso creek or beyond 286? Judging by the results manufactured by PIanCC2035, the answer is never. Letters Submitted Page 5 If "never" is indeed the answer, then just say so. Land values will fall dramatically, and growth will stagnate, but at least the certainty will allow everyone involved to make better choices. If "don't know" or "yes" is the answer, then let's get a plan in place to reserve easements, plan for utilities, and generate budgets. As this information is produced, then the timeline will naturally emerge. Hire a local engineering firm with knowledge of the history, geography, and politics. Most important put someone in charge who understands that plans have real deliverables. The question is on the table. I urge you to not adopt the proposed PIanCC2035. I urge you to minimize any additional wasted funds on this or any other strategy which depends on central planning and social engineering. I urge you to responsibly plan for large-scale, natural growth which has been demonstrated to be South and West. Doing nothing is preferable to doing damage. Let me be very clear on the issue of downtown and near downtown redevelopment. We have a moral obligation to provide low-cost, safe, clean housing. We have a strategic need to reverse urban blight, decay, and crime. Policies to achieve this goal are within the scope of good government. PIanCC2035 addresses the urban problem with grants, subsidies, large -parcel dislocation /redevelopment. It is likely to fail, experience substantial delay, or be too expensive to apply on a large scale. It also does not address the problem at the heart of the decaying neighborhoods which is the fact that hard-working people who care for their houses are brought down because the house next door to them is falling apart. The solution requires a fix at the granularity of lot -by -lot improvement in the heart of struggling areas. I am not a green -field developer, nor do I have property interest in undeveloped land. I do have substantial investment within older neighborhoods in the City. Further, I do have a solution to the infill problem to revitalize neighborhoods, but the details of my approach are beyond the scope of this letter. In summary, my plan is exceedingly simple -- if you want to have affordable housing, then you must build affordable houses. PIanCC2035 suffers from the conceit of having heavy-handed government at the center of all human interaction. As such, it will equally screw -up greenfield development as well as infill re -development. It is a recipe for graft and gridlock. It ignores market forces. Most important, it is out of step with Texas ethos. I am, Andy Taubman xandytaubmanx@gmail.com Letters Submitted Page 6 Y! LSC TEXAS RIOGRANDE LEGAL AID, INC. Austin Office 4920 North IH -35 Austin, Texas 78751 Telephone (512) 374-2700, Fax (512) 447-3940 June 15, 2015 These comments on the Draft Corpus Christi Plan 2035 ["the Plan"] are submitted by Texas RioGrande Legal Aid on behalf of the Citizens Alliance for Fairness and Progress. The Alliance is an organization of citizens created to prevent further injustices against the poor, minority, and disenfranchised individuals and families living in the Hillcrest and Washington - Coles neighborhoods.' These comments address three main critiques of the Plan: 1) the status of the proposed route of the Harbor Bridge, 2) the Special I-37 Transition District and lack of meaningful outreach to Hillcrest residents, and 3) learning from the past and creating buffers between residential and industrial uses generally. First, the Plan prematurely assumes that the new Harbor Bridge will be built along the Red Route. Individuals in Hillcrest and the Alliance filed a civil rights complaint related to the disparate adverse impacts of the proposed route on the Northside neighborhoods and the lack of mitigation for these neighborhoods in the final environmental impact statement, which the Federal Highway Administration's Office of Civil Rights is now investigating. This investigation has delayed the final decision on the route of the bridge and mitigation for the impacted neighborhoods.2 Resolution of these decisions is critical to any future plans for the City as a whole and in particular, the Northside neighborhoods, and thus the Plan must accurately reflect the current status of the bridge and mitigation for the neighborhoods, or should be delayed until a resolution is reached. Second, the Plan slates the Hillcrest neighborhood as a Special I-37 Transition District that will change from residential to light industrial or buffer use without meaningful consultation with the current residents and without any specific strategies or funding sources for how this 1 See https://savehillcrestfromharborbridge.wordpress.com/about/ for more information about the Alliance. 2 To view the complaint filed, see https://savehillcrestfromharborbridge.wordpress.com/neighborhood-position/; see also https://savehillcrestfromharborbridge.wordpress.com/2015/04/09/caller-times-feds-investigate-whether-harbor- bridge-proj ect-violates-neighborhoods-civil-rights/. Letters Submitted Page 7 transition would happen. Despite the unique and dramatic nature of this transition for a residential neighborhood with over 400 households, no one proactively reached out to Hillcrest residents for input on the future of their own neighborhood. Any consideration of a transition this drastic for a residential neighborhood, particularly one with such a unique history, must include meaningful outreach to the affected residents. Furthermore, there are no specific strategies or funding sources in the Plan to ensure any transition would occur in a manner that would respect the history of the neighborhood, offer real choices for its current residents, or provide "fair compensation and assistance to residents in moving. "3 For example, the goal related to the transition district in Element 11 — "Transitions from residential enclaves to nonresidential uses have occurred in industrial and aviation special districts"4 — is not a future -looking goal like the other goals in the Plan, but rather a vague, passive statement about the past. This statement also ignores that over 400 households currently live in Hillcrest. The "how" included for achieving the stated goal for the Transition Districts similarly raises more questions than answers: "work to support assistance to tenants in the Special Transition Districts who lose their housing."5 How are tenants losing their housing? Who will provide assistance, and what will it be? What about homeowners, particularly those whose families have lived in the Northside for generations? What about the churches in the neighborhood? Particularly given the unique history of segregation, nearby industrial zoning, and lack of investment over decades in the neighborhood, how can we interpret this forecast for Hillcrest as anything other than a vision that the neighborhood's death will come through continued neglect? Instead, the Plan must meaningfully include residents' input in the vision for the future of the neighborhood and include measurable objectives and implementation strategies to achieve the goals. Third, the City should learn from the history of the Northside neighborhoods and include a buffer zone between all residential and heavy industrial uses throughout Corpus Christi. Moreover, as current industries expand and new industry comes to Corpus, the City must act 3 Draft Plan CC 2035 Element 10.36. 4 Draft Plan CC 2035 Element 11.51. 5 Draft Plan CC 2035 Element 11.51. Letters Submitted Page 8 proactively to ensure they are not harming residential populations, particularly environmental justice neighborhoods that already bear the brunt of the health impacts. As members of the Alliance have stated at several Plan CC 2035 meetings, we urge the City and planners to meet with residents of the Northside and include residents as an integral part of the planning process for the future for the neighborhoods. Thank you. Sincerely, yeta— Erin Gaines Attorney at Law Texas RioGrande Legal Aid 4920 N. I-35 Austin, TX 78751 (512) 372-2739 egaines@trla.org Letters Submitted Page 9 Bay Area Smart Growth Initiative is a local community-based group of public, private and citizen interests dedicated to developing and planning for sustainable quality of life in the Corpus Christi area. Members promote the principles of smart growth in the development of public policy and participate in activities and strategies to influence their attainment. BASGI supports Plan CC 2035 as it is currently presented, with one exception. The areas within the Plan of most significance to BASGI are the following: 1. Limiting urban sprawl and future unsustainable expansion by implementing wise land use planning and responsible development; 2. Increasing preservation of ecologically important systems that protect our tourism, recreation, flood prone areas, natural habitats and water quality; 3. Requiring increased hazard mitigation and/or limiting growth in areas with poor drainage and that are flood prone; 4. Supporting revitalization of the older areas of the City, through infill and mixed use development, facilitating urban and neighborhood villages as a way to stabilize and rebuild; 5. Supporting infrastructure improvements downtown, along with legal means to encourage the turnover and/or clearing of substandard vacant buildings; 6. Improvements to the City's failing infrastructure that include incentives to increase density by investing in current infrastructure, and dis-incentives that discourage sprawl; 7. The Plan identifies in its Market study the need for a diversified approach to meeting housing needs based on housing preference and family size, not just homeowners and/or buyers of $200,000+ new homes in southside markets; 8. Fair buyout of Hillcrest residences to be based on light industrial and commercial property worth, with assistance in moving and resettlement costs; 9. Encouraging multiple mobility (transportation) options by planning and designing better connecting streets, sidewalks and pathways for pedestrian, bicycle and public transit, decreasing dependence on individual cars; and 10. Inclusion of the Chapman Ranch annexation in the Plan is not supported, and the annexation should be reversed. Letters Submitted Page 10 Supporting comments on #1 — 10: 1. Limiting sprawl: • Protecting our military installations through annexation of land in the ETJ next to Cabaniss Field, careful zoning of property around Waldron Field to prevent residential encroachment and the proposed buyout of land between NSCC- CCAD and SPID. 3. Hazard mitigation: • Disincentives to develop areas that will certainly be damaged or destroyed in future storm events. This would remove large parts of land shown on North Padre and Mustang Islands as vacant and available for development. Inclusion of much of the identified vacant land as being developable is actually under the jurisdiction of the Coastal Barrier Island Resource Act. Development in those areas is not eligible for federal flood insurance and no state or federal assistance can be used for infrastructure costs. 4. Revitalization/Infill: • City needs to work with financial institutions and insurance companies to create a structure for mixed use financing, liability and casualty coverage • City must set a clear regulatory path and assistance with infrastructure costs • Development of green space and mixed use buffer zones on the west side between residential and industrial/commercial uses. The Agnes -Laredo Corridor has good potential for development of workforce and affordable housing in the blocks behind its commercial frontage. • When the City invests in older areas, it demonstrates to private investors it is a willing partner and committed to revitalization. • New streets can increase infill and revitalization activity with a corresponding increase in tax and utility revenue over infrastructure that will have to be replaced no matter what. • Incentivize affordable and workforce housing in older neighborhoods, as part of mixed use development. 6. Infrastructure: • Improve residential streets and the underlying infrastructure. One of the ways to improve the revenue and value of older neighborhoods is simply fix the Letters Submitted Page 11 residential streets. Home values are 15%-17% higher on well-maintained streets with adequate, curb, gutter and sidewalks. 7. Housing: • Sale of City parks identified as surplus with agreements that adjust cost or infrastructure in return for building the desired types of housing that will stabilize and improve neighborhoods and introduce alternative housing styles such as townhouses, cottage districts, mixed -income rental units. • Local home builders are currently enjoying a very hot market with an over- supply of buyers in the $220,000 plus market, thus very few new homes are being built for the under $200,000 market. The experienced southside home builders are traditional suburb developers, ill-equipped to compete in a more urban building environment, which employs a variety of housing plans, sizes and buyer incomes. Continuing past practices is likely to end with a bust in the high end market while increasing the crisis situation in the lack of affordable and workforce housing. • A potential path to create affordable housing would be to encourage workforce housing development for the thousands of construction workers that will be here in the next 5-7 years in the neighborhoods surrounding the new harbor bridge access. The bridge itself and the new industries on the north shore would make their proximity highly desirable. These properties should be constructed so that they can be converted to affordable and permanent workforce housing. It would also prevent low income renters from being displaced in the interim. As the conversion occurs it would free up more substandard properties for revitalization. • Implement the new buildings standards code. Condemn and demo abandoned and substandard housing, and if recovered through failure to pay the fees, place the property in a land bank for sale to developers with commitments to support the development with required infrastructure development. The City can recover its costs as new development spurs other new developments that pay hookup fees. • The City should support establishing a land trust program which provides affordable housing to lower income families to own the structure, but not the land upon which it sits. • Encourage building housing that fits the market, instead of targeting for the highest return on investment; establish incentives for non-profit builders. 8. Hillcrest: Letters Submitted Page 12 • The new Harbor Bridge has the potential to have a huge influence on improving this area if planned correctly. Rental housing owned by unconcerned and/or absentee landlords threatens these neighborhoods, which can easily descend into blighted and substandard condition • An equitable buy-out of home -owner occupied homes by the Port of Corpus Christi should be overseen by the City, and as individuals transition to other chosen locations. 9. Mobility/transportation: • Parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails should be connected in one system • Acquisition of abandoned railroad right-of-ways for conversion to hike and bike trails. The railway ROW along port extends from Agnes to Whataburger field and the Sea District, going through and past numerous light industrial and commercial districts. The Shoreline bike path returns along the waterfront and commercial downtown district to the railroad ROW extending from Laredo to Kinney and back down to Shoreline. The two railroad ROWs meet at Agnes which is also the identified area for a future Regional Transportation Agency (RTA) transfer station. This would produce off-road pedestrian pleasure and safe bike commutes combined with public transit for people with lower incomes from those neighborhoods to their jobs. Connecting areas that will be further divided by the new harbor bridge will serve multiple purposes. • The RTA should restore and expand the harbor ferry service, explore buying commercial water taxis, to provide service to the north shore industries, Port Aransas, the Naval Air Station, North Padre Island and TAMU-CC. Increasing uptown and downtown trolley service and providing circulator routes in the uptown's adjoining neighborhoods should be addressed. • Limited additional parking is proposed in the downtown area which may not accommodate increased vehicular traffic, however, the Plan proposes an increase in public transportation, bicycle and pedestrian modes of travel, thus decreasing the number of cars going into the downtown areas. RTA has park'n'ride capability which can be expanded. 10. Chapman Ranch: • Landowners in the Chapman Ranch area are not in support of the annexation, and general public comments and market forecasts revealed in the Plan process were not considered when Council approved annexation. Letters Submitted Page 13 • Chapman Ranch annexation should be reversed because of the changes in the Wind Farm plan. APEX (owner) voluntarily withdrew all but 6-8 wind turbines from the extreme southeast corner of the newly City -annexed territory. A second annexation clearly does not have support by the Council. As a result, the City will not receive the expected $22.5 million in revenue to pay for the required infrastructure but instead only an estimated $1.5 million at most. The resulting $19 million drain on the general fund would take away a significant funding opportunity for other infrastructure needs, now expected in the annexed area. Letters Submitted Page 14 7/16/2015 Plan CC Comprehensive Plan 2035 Comments and Changes 1. Pg 10: Under Pursue high-quality development, delete "and establish high quality design standards for private development" 2. Pg 13: Natural Systems - Add bullet point under 1. - "Promote a drainage plan for the New Southside and drain it to a location other than the Oso Creek." 3. Pg 14: Open Space, Parks and Recreation - Remove first bullet point under 9. 4. Pg 17: a. Resilience - Point 1. - what does this mean? b. Point 2. - Delete until specifics are shown c. Resource Efficiency - Add a bullet point under 5. - "...and adopt the Coastal Bend Green Built as the official Green residential program of the City of Corpus Christi." 5. Pg 19: Line 1 under "Housing and Neighborhoods" - Delete "Connected" in the sentence - "High -Quality, safe, connected and diverse..." 6. Pg 20: a. Housing - Add second bullet point to 1. - "Create a "Housing Czar" at City Hall to coordinate all the Housing -Related entities." b. Housing - Bullet point under 5. - Change the wording of the second bullet point to read - "Promote resource -efficiency in all new housing through financial, as well as non-financial incentives, such as permit streamlining." c. Neighborhoods i. Bullet point under 7. - Remove "walkable" ii. Add to third bullet point - "The "Housing Czar" will..." at the beginning of the sentence d. Community Identity and Sense of Place i. Delete the wording in 8. - "rather than creating isolated subdivisions or apartment complexes" ii. Delete first bullet point entirely 7. Pg 23: Goals a. Add to first bullet point of 2. -"Create a system to..." to the beginning of the sentence b. Remove third bullet point under 3. 8. Pg 27: Goals a. Change the wording of the third bullet point under 2. to - "Integrate transportation planning with utility infrastructure and neighborhood development planning." Letters Submitted Page 15 b. Second bullet point under 3. - Change the word "Consider" to "Create" 9. Pg 30: Natural Systems a. Add third bullet point to 6. - "Sell or dispose of under-utilized structures and put underutilized land in a " City -Run Land Bank"" b. Change 7. to read - "Public buildings, facilities and open spaces comply with ADA (Americans with Disabilities Act) standards. 10. Pg 32: Under "From the Principles"; Delete the wording - "and establish high-quality design standards for private development 11. Pg 33: a. Goals - Under 3. remove the wording "and private" from so sentence reads "public developments demonstrate high standards of design." In Lower Part of the Page, in the Box b. Housing and Neighborhoods - Third bullet point - change it to read "Promote the location of multifamily..." c. Efficient Development Patterns i. Remove first two bullet points ii. Remove the following wording from fourth bullet point "combined with minimum lot size in zoning and" d. Environment and Resilience i. Second bullet point change the word "Preserve" to "Promote the preservation of land..." ii. Add, to the end of the second bullet point, the wording "...by providing incentives, both financial and non-financial, to land owners and developers" iii. Third bullet point - change the word "Avoid" to "Promote the avoidance of development..." 12. Pg 36: Residential Uses a. Delete this wording from the first sentence - "three density levels for single-family housing and a separate land use category for multifamily development and for mixed-use development, which can include housing." b. Delete the entire wording of the Single -Family section 13. Pg 38: Under the "Key: Future Land Use Map" - Remove the 3 Single -Family Residential Land Uses 14. Develop historic sites in the City of Corpus Christi such as Artesian Park Letters Submitted Page 16 -A Corpus Christi Association of REALTORS "Empowering Our Members to Succeed" MEMORANDUM After a considerable amount of time and effort, the Corpus Christi Association of REALTORS and the Builders Association of Corpus Christi have reviewed the document labeled Plan CC 2035 in its entirety. As vested partners in our community, we feel that we have a strong obligation to this community as a whole to participate in our local government and its processes. To that end, we offer our comments to our elected officials, appointed commissioners and city staff. We offer these comments in the spirit of cooperation, with the hope that there may be some impact to the eventually adopted plan. Understanding the need to have a comprehensive plan is obvious. Our Associations, in general, have always maintained strategic plans. The plans are reviewed several times per year, and may be modified annually in order to maintain our relevance to our members and our consumers. Within our strategic plans we have clearly identified goals and measurable results. The leadership team is tasked with ensuring that we stay on track for our members, to whom they are accountable. We have taken the liberty of applying these same measures of expected accountability to our city leaders, both elected as well as those who are employed and paid by the citizens of Corpus Christi. Acknowledging that a plan must be in place, and that our city government has already spent $1.6 million dollars to obtain the Plan CC 2035 from a third party consulting firm, then we have made the assumption that this plan in some form will be adopted. Thus, we are not expecting the plan to be shelved entirely. That being said, the bulk of our comments are very specific to points that are identified clearly in the draft. Our comments are made with the hope that consideration will be paid to them and that the city will consider making those changes to those specific areas. Before getting into the specifics, we believe that general and overall changes must be incorporated into this plan. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 17 Page 2 We strongly encourage the planning commission and the city council take our current state of affairs into account before making any further policy changes. Having a plan that is based entirely on a 'what if things were different' scenario is a false premise and cannot result in true change. Everyone would want to live in better circumstances. However, starting with what you have is the reality. No city leader will need to be reminded that our streets are in total disrepair. How can this fundamental element not be identified as a near term goal, along with specific estimated costs, to address this core issue? In effect, the draft ignores one of the most obvious issues facing the city of Corpus Christi. The expectation of the city is out of line with the expectations of the citizens. If street repairs and improvements are not part of the plan for the next 5 years in a clearly identified manner, citing costs, timelines and specific goals, how do you expect the overall plan to be accepted by your citizens? The second area of concern that is not identified is the very expensive and necessary improvements that are looming to our sewer system. There have been rumors that the sewer system will cost `billions of dollars' to meet EPA guidelines and that it will be due in just a couple of years. Where is this identified in the 20 -year comprehensive plan? Where are the cost estimates of taking care of this critical infrastructure? An example of this seems to happen every time we get some heavy rainstorms. It does not take too much time and understanding that the sewers are incapable of handing just a few inches of rain if you are driving your car near the intersections of SPID and Everhart Road, Everhart Road and McArdle or many areas of Alameda Street. The list could go on and on. If asked, virtually every citizen who drives a car can cite an area of town that gets flooded. Do we believe that bicycles and pedestrians can better navigate their way thru 6-8 inches of standing water in bike lanes and sidewalks? Again, this critical area is missing from the plan. Why not add that to the first 5 years of the plan, citing costs, timelines and specific goals? 4825 EVERHART, STE.1 • Coiu'us CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 18 Page 3 Another absolutely critical issue facing our city: our current Affordable Housing Crisis! Unless we have missed it entirely, with the exception of concentrating efforts on urban villages and infill lots, what specifically is being planned to tackle this growing issue? There are no definitive references made to improvements to city departments that are facing this issue. Does that plan reference the Corpus Christi Housing Authority as a resource? Does it cite the potential partnering with organizations like the Builders Association and the REALTORS Association to help create neighborhood CDC's that are designed to help specific neighborhoods and the very local issues that they face? It seems most of what is in the plan adds to the cost of housing instead of providing opportunities to create affordable housing by eliminating costly regulations. We would like to specifically reference the assumptions regarding the millennial generation as well. We do not agree with the foundational argument that they are primarily renters and will be candidates for downtown and infill rental housing. The studies are confusing at best. You may reference an article located here: http: //www. forties. com/sites/maggiemcgrath/2015/06/22/millennials-the-money- conscious-generation/ which states that they are very good at saving their money. A second study, conducted by Realtor.com (http://www.realtor.com/news/trends/how-are- millennials-doing-in-this-housing-market/) shows that the millennial generation is going to be responsible for the next wave of homebuyers...not home renters! In accordance with our original positioning statement regarding partnership, we would also like to point out that with Element 8, we compliment the plan in the area regarding the Special Aviation Transition District comments. This, obviously, was a result of understanding our local area conditions for land uses with respect to our specific military installations. The point being made here is that EXISTING issues facing our city have been mostly ignored in this plan. The plan is based on hope and wishful thinking that will lead us no where fast due to critical issues that are imminent to our survival, much less any chance of thriving as a community. Further, that many of the premises that the study and plan are based on are faulty in some areas and fail to address LOCAL issues on many levels. Finally, before getting into some specific language discussions, many of our topics for discussion were the result of reading your first draft. While we understand that you have tried to simplify the document for our reading pleasure, please note that some of our reference points may still refer to the original draft and may not correspond with the 2nd draft that you have provided. Due to time constraints, we rushed this analysis in order to provide written comment to meet your deadlines. 4825 EVERHART, STE.1 • Coiu'us CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 19 Page 4 Specific Points: Several Plan CC proposals may make development more costly. Plan CC contains several proposals that may make development and housing more costly, including the following: Increased Focus on Tree Preservation and Planting: Goal 6 of Element 2 is to increase shade along major streets and in parks and other public spaces. Although the language of the Goal itself suggests that it is focused on trees in public areas, the policies and action items under this Goal make clear the intent to have developers contribute towards the City's yearly tree planting. It proposes policies that include promoting tree preservation and tree planting on both public and private property. Action items include amending the Unified Development Code (the "UDC") to require planting shade trees in parking lots,9 and having all development approvals require sufficient irrigation to establish trees and replacement of trees that die within three years.10 The policies supporting this goal also suggests that the City will adopt a tree preservation ordinance in the future, although Plan CC does not explicitly describe what such a program might look like in Corpus Christi." Requiring planting and irrigation of trees in parking lots as a condition of development approval will likely increase the cost of developments subject to those conditions above what it would have been absent those conditions, and may also affect the feasible density of such development to the extent that the tree planting occupies space that otherwise could have been used for parking or other development. The action item proposing this requirement asserts that "changes in conventional parking lot design can provide room for more trees without affecting the number of parking spaces," but does not explicitly require that tree planting requirements be implemented in a way that does not reduce a site's development potential.12 Tree preservation ordinances sometimes are focused on protecting native trees species, trees with historical significance, and public trees, by requiring a permit to remove trees.13 But many tree preservation ordinances are far more extensive and intrusive on private property rights. 11 Element 4, Goal 6, Policies ("Propose tree preservation and tree planting on public and private property.") 12 Element 4, Goal G, Strategy B, Action 3. 13 International Society of Arboriculture, Tree Ordinance Guidelines, http://www.isa- arbor.com/education/onlineResources/treeOrdinanceGuidelines.aspx, last accessed July 14, 2015. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 20 Page 5 These can take a wide variety of forms, including requiring tree planting as part of overall site landscaping, requiring a detailed pre -development inventory of a site's trees, requiring replacement (at 1:1 or another ratio, and either on- or off-site,) of trees that are removed for development, restricting or preventing the development of existing wooded areas, requiring a permit to cut or remove a tree of a particular species or size, and any number of other variants of regulation. Any requirement to plant or preserve trees can add significantly to development costs. How costly a tree preservation ordinance will be depends upon the details of the ordinance and how it is implemented. Unfortunately, Plan CC raises the potential for using a tree preservation ordinance to accomplish plan goals concerning tree preservation, without providing any sense of what such an ordinance would look like or any assurances that it would not place undue costs and burdens on development. Comment: Trees provide substantial values to the environment, including shading and cooling, storm water management, air filtering, wildlife habitat, and aesthetic value. Studies have shown that trees can add considerably to a property's value.14 That does not mean, however, that tree preservation regulations themselves are beneficial to property values. At an extreme, some can be applied in a manner that makes it impossible or impractical to develop particular properties.15 Ideally, any tree planting and preservation ordinance should be non -prescriptive and flexible enough to allow developers and builders to respond to each unique site and meet other development regulations, while also advancing the environmental and aesthetic benefits trees provide.16 It should avoid costly and time-consuming procedural requirements. Plan CC should be revised to include clear language establishing that when implementing the tree preservation goal the City will be sensitive to development cost and private property rights concerns. 14 NAR, Growth Management Fact Book (4th ed. 2015) (hereinafter "Fact Book") at 125, citing studies from Georgia and California. 15 Id. at 125-126. 16 Id. at 124-125. 4825 EVERHART, STE.1 • Coiu'us CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 21 Page 6 Plan CC proposes the adoption of a rental registration program and a "crime - free rental housing" program, both of which can place unfair demands on landlords and implicate constitutional and property rights issues for landlords and tenants. Goal 4 of the Housing and Neighborhoods Element states that "All housing is in good condition and is code -compliant." Two of the action items under the Goal 4's strategies are to establish a registration and inspection system for rental properties and to adopt a crime free rental housing program based on a national or local mode1.38 Rental registration ordinances typically require landlords to register properties with the local jurisdiction and sometimes require the landlord to obtain a license to lease the property, submit to periodic inspections, and pay a fee to cover the jurisdiction's administrative and inspection costs.39 The process allows the jurisdiction to hold landlords accountable for code violations and also allows the jurisdiction to ensure that rental units meet health and safety codes.40 It also allows the jurisdiction to be pro -active about maintaining housing and neighborhoods in good condition instead of merely responding to complaints from tenants or neighbors.41 Crime free rental housing programs have several common features, including some or all of the following: licensing of landlords, requiring installation of certain safety features, participation in training, use of a "crime -free" lease addendum that specifies certain conduct (whether engaged in by tenant, guests, or others) that will be a basis for eviction, requiring eviction of a tenant if prohibited conduct is discovered or a certain number of calls from or about the tenant are received by the police, and consequences (including potential fines or revocation of rental license) for violations of the ordinance.42 Some jurisdictions have adopted completely voluntary programs, some are mandatory, and others take a hybrid form in which the program becomes mandatory in certain property types (i.e. multi -family housing) or after a property has been the site of a certain number or type of criminal incidents.43 38 Element 6, Goal 4, Strategy A, Action 2; Element 6, Goal 4, Strategy B, Action 1. 39 Fact Book at 150. 40 Id. 41 Id. at 152. 42 Emily Werth, the Cost of Being "Crime Free": Legal and Practical Consequences of Crime Free Rental Housing and Nuisance Property Ordinances, Sargent Shriver National Center on Poverty Law (Aug. 2013) at 2- 4, available athttp://povertylaw.org/sites/default/files/files/housing justice/cost-of-being-crime- free.pdf, last accessed July 8, 2015. 43 See e.g., San Bernadino, California, Crime Free Multi -Housing Program, https://www.ci.san- bernardino.ca.us/cityhall/community development/code/crime free multi family housing_program/de fault.asp; Sunnyside, Washington, Municipal Code, Section 5.02.040, http: //www. codepubli Shing. com/wa/sunnyside/html/Sunnyside05/Sunnyside0502. html#5.02.040. 4825 EVERHART, Sm.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 22 Page 7 These two action steps potentially raise several issues of concern for our Associations: First, Plan CC does not discuss code enforcement, poor housing or neighborhood conditions, or criminal activity in rental housing as particular challenges that the City faces and needs to address. Other than the fact that many other cities have these types of ordinances, Plan CC does not point to any existing conditions within the City that make these action steps necessary to maintaining or achieving the goals of housing that is in good condition and code compliant.44 Second, these programs create additional burdens for landlords which may reduce the availability of rental housing stock and decrease affordability.45 Not only will landlords have to pay registration fees but the costs of property maintenance and supervision will also likely increase. In a city, like Corpus Christi, with significant housing affordability concerns, initiatives that increase the cost of and decrease the supply of rental housing should be undertaken only after determining that they are necessary in that city, not just because they are approaches used elsewhere. Third, these types of programs may infringe on the rights of landlords and their tenants. Such programs implicate the protections against unreasonable search and seizure under the Fourth Amendment to the United States Constitution. Even civil inspections are subject to Fourth Amendment protections, and require a warrant, owner or tenant consent, or an imminent health or safety threat.46 In many instances, property owners in jurisdictions that have rental licensing programs are forced to choose between consenting to a search program (by registering and/or obtaining a license to operate as a rental) or not being permitted to legally rent their property. These programs also infringe on the property rights of landowners. Property rights are often described as a "bundle of sticks" in which each stick is a particular right associated with property ownership: e.g. the right of possession, the right to exclude others from the land, the right to dispose of the land either permanently by selling or temporarily by leasing.47 Although some regulations that restrict property rights are expected and accepted (e.g. environmental laws, zoning), the right to lease property is not one of the "sticks" that has traditionally been restricted. 44 See Element 3 and Element 6. 45 See Fact Book at 155. 46 Camara v. Municipal Court of City & Cty. of San Francisco, 387 U.S. 523 (1967). 47 See Denise R. Johnson, Reflections on the Bundle of Rights, 32 Vt. L. Rev. 247 (2007). 4825 EVERHART, STE.1 • Coitrus CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 23 Page 8 Furthermore, the crime -free programs attempt to shift policing duties to landlords. While residents of owner -occupied homes are free to use city services without fear of repercussion, landlords and tenants are subjected to an alternate policing system where there are significant repercussions for utilizing basic city services. This places an unfair cost on landlords (as well as putting landlords in potentially dangerous situations in order to preserve the right to lease their property). It also can have disastrous consequences for tenants who may forego reporting crimes against them for fear of losing their housing.48 The proposed transition of certain areas from residential to non-residential uses to increase compatibility with nearby military, industrial and aviation uses raises potential concerns. Military Compatibility Area Overlay District Goal 4 of the Land Use Element calls for regulations to protect military and civilian airport uses. One action step proposed is to create a Military Compatibility Area Overlay District (the "MCA"), as recommended by a Joint Land Use Study conducted by the City and the Department of Defense in 2013 to identify certain land uses that are incompatible with the naval air station operations (the "JLUS").53 It recommended the adoption of a Military Sustainability Master Plan Element in the comprehensive plan and recommended establishing the MCA, over the areas shown on Figure 2 of the JLUS, to restrict land uses that are incompatible with various aspects of operations.54 The MCA would permit those land uses that are generally considered compatible with the military airfields and the Corpus Christi International Airport — light industrial, commercial, agricultural, parks, and low-density residential — but would not permit other uses. The MCA would also regulate density and height of structures in order to improve compatibility with the airfield. 48 For further discussion see Werth, supra n.42. 49 Element 11, Goal 4, Strategy A, Action 1; see also Element 6, Goal 7, Strategy A, Action 1. 5o Element 11, Goal 4, Strategy A. 51 72 Tex. Jur. 3d Urban Renewal § 1 (2015). 52 David B. Brooks, Tex. Prac., Municipal Law and Practice § 19.12 (2d ed. (2014). 53 Element 10, Goal 4, Strategy A, Action 2; NAS Corpus Christi: Joint Land Use Study ("JLUS"), at 42, Table 2, available athttp://www.ccjlus.com/images/documents/NASCC%20JLUS%20Final sm.pdf, last accessed July 9, 2015. s4 JLUS, supra n.53 at 27, Figure 2. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 24 Page 9 Transition Special Districts for Aviation and Industrial Areas The Future Land Use Element calls for "transitions from residential enclaves to nonresidential uses ... in industrial and aviation special districts." The Future Land Use Map identifies two areas — Transition Aviation Special District and Transition Special District as areas where residential uses, deemed incompatible with industrial and aviation uses, are to be "transitioned" to nonresidential uses. The "Transition Aviation Special District" is located south of the Corpus Christi Naval Air Station on Flour Bluff.55 The "Transition Special District," also described as the "Special I-37 Transition District"56 is designated as the area north of Interstate 37 and west of the Harbor Bridge.57 This area is adjacent to oil refinery operations and other industrial uses.58 Concerns about MCA and Transition Districts These proposed changes could have a significant impact on property values within those areas. This is due to the limited uses that would be permitted in those areas and, within the Transition Districts in particular, the explicit goal of "transitioning" existing residential uses elsewhere. With respect to the intended uses in the MCA, Plan CC notes that there is little demand for additional office space59 and has not raised a lack of available industrial sites as an issue. Insufficient demand for the permitted uses may significantly depress the values of properties that are suitable for other uses but rezoned into the MCA. Landowners whose property is already developed with a use or structure that becomes nonconforming as a result of being placed in the MCA or one of the Transition Districts could find it extremely difficult to recoup the value invested in the property, assuming that there is likely to be low demand for allowed uses and significantly reduced value for nonconforming uses. 55 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 56 See Element 10, Goal 1, Strategy B, Action 1. 57 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 58 Id. 59 Element 6 at 6.9. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 25 Page 10 Transitioning these areas away from residential use is intended to promote economic opportunities in the City by removing incompatible uses. Plan CC notes that residents in the proposed Transition Aviation Special District and in the Special I-37 Transition District are largely low-income tenants and owners and recognizes that a fair process is needed for this transition to happen. It suggests providing incentives to residents60 and financial support from private organizations to residents.61 It is unclear how practical these suggestions are and whether sufficiently attractive incentives could be created to encourage large numbers of residents to move to other areas of the City. As a good source of knowledge and experience concerning the commercial and residential real estate markets, the Association should request to be part of any working group organized to further these goals. Even if the City succeeds in efforts to transition these areas away from residential use, Plan CC does not identify how "hold -outs" will be addressed. For example, does the City contemplate using a redevelopment authority to declare hold-out areas as blighted and use eminent domain to displace property owners and residents so their property can be taken and assembled into parcels for transfer to a new private owner? The Association should note its concern over the potential that the City will try to use eminent domain to achieve this the transition using eminent domain powers if the proposed action items are not successful in accomplishing a full transition. Automatically restricting in newly annexed parts of the City may unnecessarily restrict the development of the Annexation Areas. Element 8 calls for "orderly growth in the southern [extra -territorial jurisdiction]." The City's authority to regulate growth in the extra -territorial jurisdiction ("ETJ")62 is limited to its subdivision regulations; it cannot zone in this area.63 To achieve this goal the plan proposes to amend the UDC to create a "Rural Enterprise" zone with a maximum density of one dwelling unit per twenty acres and a certain number of uses permitted by special permit; require newly annexed areas to be automatically zoned as Rural Enterprise; not permit rezoning from Rural Enterprise until water and wastewater services are provided; and not permit water lines to be extended to an area unless there is a commitment to bring wastewater lines within three years.64 The areas proposed to be annexed by 2020 are shown as A and B on Exhibit 10.14 (the "Annexation Areas") and are located in the southern ETJ.65 61 Element 10, Goal 5, Strategy A. 62 The ETJ is the unincorporated area within five miles of the city limits. Texas Loc. Gov't Code § 42.021. 63 Element 10, C. Challenges, 4, at 10.14. See Corpus Christi, Unified Development Ordinance, § 3.8.1. It may also be possible for the City to require building permits and enforce its other construction related ordinances. See Terrence S. Welch et al., Municipal Regulation of the ETJ, Brown & Hofmeister, LLP, available at http: //www.bhlaw.net/8%20MUNICIPAL%2OREGULATION%20ETJ%20- %2000G%20Basics%20of%20Planning%20and%20Zoning%20-%20April%202005%20Edition.pdf, last accessed July 10, 2015. 64 Element 10, Goal 6, Strategy A. 65 Element 10, Goal 6, Strategy B. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TExAs78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 26 Page 11 Annexing these two areas is a short-term goal to be completed by 2020.66 Until that happens, any problems associated with a lack of zoning will continue to exist and could be compounded by additional development. In the discussion of land use challenges, Plan CC identifies issues with proper soil conditions for septic systems and the high demand for large single-family homes (due to good schools and lower land costs) which have the potential for "chaotic" development patterns which "can make providing services and infrastructure more costly than necessary" if the area is annexed.67 Through the City's subdivision regulations and its building regulations, however, it appears that the City should be able to require proper septic system design, proper road design and construction, sufficient access to properties for emergency services, and proper utility service be provided to all new development in the ETJ, even prior to annexation. Automatically zoning all parcels in newly annexed areas as Rural Enterprise may unnecessarily restrict future development. Although the authors of Plan CCrrovided an analysis of available land for development for land within the City limits, it has not provided a similar analysis for the development potential of the Annexation Areas at the proposed density. Therefore, it is unknown how much development can be accommodated at the Rural Enterprise density of 1 unit per 20 acres. Also, the plan does not detail what other zoning requirements may be imposed which could make existing legally created parcels and development nonconforming. The provisions requiring water service plus a commitment to bring waste water service before an area can be rezoned out of Rural Enterprise to allow denser development may effectively preclude such rezoning from taking place. Water and wastewater services are not typically extended unless there is sufficient density to justify and offset the cost of the extension. Under the low density Rural Enterprise zoning, the thresholds at which extending service makes sense may not be reached, which means these areas will not be able to satisfy the preconditions to be eligible for rezoning to accommodate additional density. The Annexation Areas are proposed for annexation precisely because they are areas already developing as residential enclaves. Plan CC includes as one of its land use principles, "locate new residential developments adjacent to and connected to existing development."69 The density restrictions proposed by Plan CC for the Annexation Areas appear to be contrary to this principle. The Plan CC proposal to zone annexed areas at the low Rural Enterprise density would also apparently apply to any other areas identified for future annexation. Over time, this policy may significantly reduce the potential growth and development of the City. 66 See Element 11, Implementation Matrix for Element 10, Goal 6. 67 Element 10, C. Challenges, 4, at 10.14. 68 Element 10, at 10.8. 69 Element 10 at 10.31. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 27 Page 12 In particular, Goal 3 on page 33 should probably be stricken entirely. It mentions both Public and Private developments and the policy will be to `adopt design standards and guidelines that result in high-quality built environments.' At a minimum, the word PRIVATE must be removed, as the city should not be telling private homebuilders what standards and guidelines should be employed. The "mode choice corridors" that Plan CC recommends for evaluating potential impacts on adjacent road networks and neighborhoods should be established before any "mode choice corridors" are undertaken. To further the goal of an efficient and safe transportation network (Element 6), Plan CC calls for "mode choice corridors" to be established to evaluate any impacts on adjacent road networks or neighborhoods. The road -diet concept was previously introduced in the Mobility CC plan. Mobility CC is the transportation element of the current comprehensive plan. Plan CC calls for certain parts of Mobility CC to be revised or reconsidered but it appears that Mobility CC will continue to be implemented alongside the other goals and actions proposed in Element 8.70 A so-called "mode choice corridor" is the redesign of a roadway (typically a four lane road) in which a travel lane is removed and the space is dedicated to other uses, such as a two-way left turn lane, bicycle lanes, pedestrian islands, transit, or parking.71 The purpose of reconfiguring the lanes is to increase safety for all roadway users, not to restrict capacity for vehicles in favor of other modes of transportation.72 Mobility CC previously identified several corridors as subjects for a "mode choice corridor." Plan CC calls for a review of this list, identification of other potential corridors that should be considered for a road -diet (in conjunction with the proposed creation of Urban and Neighborhood Villages), and proposes a quantitative analysis for determining impacts to capacity on adjacent networks and neighborhoods.73 While the concept of a "mode choice corridor" is not necessarily objectionable by itself, the City should be sure that no adverse traffic impacts are caused by their implementation. To the extent that applying a "mode choice corridors" to a particular corridor leads to changed traffic patterns and increased congestion on alternate routes, it can have potential impacts on development potential and costs. Based on the recommendations in Plan CC, it appears that Mobility CC did not adequately evaluate impacts to adjacent neighborhoods and road networks. 70 Mobility CC can be found on the City's website at http://www.cctexas.com/Assets/Departments/PlanningEnvironmentalServices/Files/MobilityCC.pdf, last accessed July 13, 2015. 71 FHWA Safety Program, Mode choice corridors Informational Guide, U.S. Dept. of Transportation, Report No. FHWA-SA-14- 028, Nov. 2014, available at http://safety.fhwa.dot.gov/road diets/info guide/rdig.pdf, last accessed July 13, 2015. 72 Id. 4825 EVERHART, g3T>l le•r yr liTIS r 4Aati IE (361) 991-8221 • FAx (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 28 Page 13 If implemented, Plan CC's recommendation to develop and apply "mode choice corridors criteria" should serve to increase the safety of the transportation network by implementing "mode choice corridors" design, while also ensuring that the capacity of the corridors remains sufficient for existing and future vehicle trips made along the corridor and that there are no unintended consequences to adjacent areas. Realtors should insist that the "mode choice corridors" program not move forward unless and until such criteria are developed and applied to evaluate the potential negative effects of imposing a "mode choice corridors" on a given corridor. Incentives provided to facilitate preferred development are more desirable than mandates, but should be designed not to disadvantage other types of development. Element 4, page 20, Goal 2. Plan CC recognizes that the desired types and locations of development may not be realized entirely through market forces alone. It suggests the use of incentives to overcome barriers to certain types and locations of development. For example, to support Goal 2 of the Housing Element ("Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle."), Plan CC proposes that the City assist in land assembly for affordable housing, that the City engage in public-private partnerships by contributing infrastructure or streamlined zoning review for developments that meet housing goals, and that the City create a Neighborhood Empowerment Zone to provide tax abatements for construction of workforce housing.74 To promote Goal 5 of the Housing Element ("New and redeveloped housing is resource -efficient.") the plan calls for providing a per-unit discount for building permits for resource -efficient housing. In some places Plan CC suggests that incentives be identified in the future. Incentives can reduce development costs which can benefit developers through cost savings, residents through lower housing prices, and the community by providing the desired type and location of development. From the perspective of property owners and developers, incentives that make desired development types attractive and more profitable are a better approach than mandates used to require that development include certain amenities or characteristics. Ideally, incentives to develop in a particular way should not penalize or divert resources from permissible development. For example, Plan CC calls for supporting resource efficient housing by providing incentives such as permit streamlining To the extent that permit streamlining for favored development means that local resources must be diverted from traditional permitting requests, the result may be that the streamlined process for the incentivized development causes delays for other development. In this case, waiver of permit requirements rather than fast -tracking the process may provide the desired incentive to the preferred form of development without increasing the burden on other forms of development. 74 Element 6, Goal2, Strategy E, Actions 1, 2, and 3. 4825 EVERHART, STE.1 • Cows CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 29 Page 14 The Associations will support the use of properly designed incentives, rather than mandatory requirements, to promote the type and location of development identified in the plan. Plan CC does not appear to satisfy all of the requirements of the City Charter. Article V of the Corpus Christi City Charter requires the City to establish comprehensive planning in order to "guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city."75 To meet this requirement, the city council is required to adopt a comprehensive plan as the general plan.76 The comprehensive plan is required to have: (1) A future land -use element (2) An annexation element; (3) A transportation element; (4) An economic development element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the [objectives of Article V of the City Charter]." Plan CC would replace the assoi tnient of plans currently in place in the City. Element 9, Goal 1 acknowledges the City Charter requirements, specifically noting the required plan elements.78 Nonetheless, Plan CC appears to omit required elements. Plan CC does not contain an Annexation element, even though annexation is discussed in other plan elements. For example, Goal 6 of the Future Land Use Element addresses anticipated development in the Annexation Areas and Exhibit 10.14 shows the locations of two planned annexation areas (and one designated for an industrial agreement instead of annexation).79 While these and other discussions in Plan CC address the topic in certain respects, the City Charter clearly calls for a separate annexation element.80 75 City of Corpus Christi City Charter, Article V, Section 1. 76 Id. at Section 4. 77 Id. 78 Element 11, Goal 1 at 11.5. 79 Element 10 at 10.51-10.53. 80 The City has an Annexation Plan, adopted in December 1999 (see City of Corpus Christi, Resolution Adopting the Annexation Plan Required by Section 43.052, Local Government Code, available at http://www.cctexas.com/ Assets/Departments/PlanningEnvironmentalServices/Files/Adopted%20City%20Annexation%20Plan.pdf, last accessed July 8, 2015) as required by Texas statute (see Texas Loc. Gov't Code § 43.052 (requiring the adoption of an annexation plan in order to annex properties but excepting certain annexations from these procedural requirements)), which states that the City has no plans to annex any areas subject to the statutory requirements. 4825 EVERHART, Sm.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 30 Page 15 Similarly, the public facilities element of Plan CC does not contain a capital improvement program or discuss plans for developing a capital improvement program. A Capital Improvements Plan or Program ("CIP") is used to assess capital facility needs against the plans goals and policies on a shorter planning horizon, typically five years.81 It is an important tool for the implementation of a comprehensive plan because it identifies, prioritizes and assigns funding to planned capital projects.82 Rather than ensuring that it conforms to the requirements of the City Charter, the first proposed action step under the strategy for adopting the new long-range plan is to amend the City Charter and existing ordinances to align them with Plan CC.83 Plan CC does not explain why the City Charter should be amended to exclude the missing annexation and capital improvement program elements from the City's comprehensive planning requirements. The annexation element and CIP are important planning tools, and Plan CC also does not explain how the City intends to address these subjects adequately outside of the comprehensive plan process. 81 Vicki Elmer, Capital Improvement Plans and Budgets, Lincoln Institute of Land Policy, at 4, available at https://www.lincolninst.edu/subcenters/teaching-fiscal-dimensions-of- planning/materials/elmer-CIP.pdf, last accessed July 8, 2015. 82 University of Wisconsin Stevens Point, Center for Land Use Education, Planning Implementation Tools: Capital Improvement Plan, Sept. 2008, available at https://www.uwsp.edu/cnr- ap/clue/Documents/Planlmplementation/Capital Improvement Plan.pdf, last accessed July 8, 2015. 83 Element 11, Goal 1, Strategy A, Action 1. 4825 EVERHART, SM.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 31 Page 16 Although not in the rd Draft of Plan CC, there was a proposal for the creation of a redevelopment agency that could be given eminent domain power, infringing on private property rights. Plan CC calls for the City to consider creating a development agency "in designated areas of the city where redevelopment is desired, such as the Urban and Neighborhood Village locations."49 This action step further states: Corpus Christi does not have a redevelopment agency that can act to accelerate redevelopment in desired locations by making and implementing plans that require land assembly and improvements in order to attract and leverage private investment...One approach would be to use Texas Local Government Code Chapter 374 [The Texas Urban Renewal Law]."' The Texas Urban Renewal Law authorizes a municipality to remove slum and blighted conditions through eminent domain.51 Although the Texas statute provides some limitations on the use of eminent domain to take properties that are not blighted, overall, it appears to permit the City to take property for redevelopment by a private entity.52 The possibility that Corpus Christi will create a redevelopment agency under the Urban Renewal Law raises significant property rights concerns. While it is important that the City have the necessary tools to implement Plan CC, those tools should not be used to eliminate private property rights. A redevelopment agency could certainly be a valuable tool for promoting redevelopment of the downtown area and promoting the development of Urban and Neighborhood Villages. However, that agency should focus on acquiring and assembling property through other means and on providing guidance and assistance (in the form of public-private partnerships) to facilitate desired development. 49 Element 11, Goal 4, Strategy A, Action 1; see also Element 6, Goal 7, Strategy A, Action 1. 5o Element 11, Goal 4, Strategy A. 51 72 Tex. Jur. 3d Urban Renewal § 1 (2015). 52 David B. Brooks, Tex. Prac., Municipal Law and Practice § 19.12 (2d ed. (2014). 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 32 Page 17 The implementation of Plan CC relies heavily on the reinstatement and expansion of the City's Planning Department, which may not be feasible. Goal 5, Element 9 states that "a new Planning Department is in place" and that it will be given "a proactive role in coordinating initiatives to implement comprehensive and other plans."84 Plan CC calls for the staff of the reinstated Planning Department to include a planning director, a land use planner, an urban designer, a housing planner, a transportation planner, a neighborhood/district planner and a long—range planner.85 The implementation element lists this as a short-term goal, to be achieved between 2015 and 2020.86 The City currently has a Development Services Department that provides support to the Planning Commission and to the public for permitting and regulatory activities.87 The City used to have a Planning Department that was part of the Development Services Department. The Planning Department was separated from the Development Services Department in order to focus on completing this comprehensive plan update, and then was eliminated in late 2013 or early 2014 when the planning function was privatized.88 Given the recent elimination of the department, Plan CC's goal of reinstating the City's Planning Department and hiring dedicated staff with significant expertise in various aspects of community planning may be too ambitious. The City may find it difficult to attract (and pay for) a new staff of at least seven professionals with the necessary skill sets, particularly in light of the City's fluctuating treatment of that department in recent years. It may also be politically difficult to reinstate a department that was recently eliminated in favor of outsourcing these planning duties to private consultants. The possibility that the Planning Department will not be re- established quickly or easily poses a significant potential problem for the implementation of Plan CC, because so many of the action steps are delegated to the new planning department.89 If the planning department is not reinstated as proposed, it is not clear whether other City departments or private consultants may be able to undertake the proposed actions. 84 Element 11, Goal 3 and Policy. 85 Element 11, Goal 3, Strategy B, Action 2. 86 Element 11, Implementation Matrix. 87 See generally City of Corpus Christi, Development Services website at http://www.cctexas.com/government/development-services/index, last accessed July 14,2015. 88 See Element 11, Goal 3; see also Matt Dietrichson, Corpus Christi may outsource more of planning department, Houston Tomorrow (Aug. 30, 2013), available at http://www.houstontomorrow.org/livability/story/corpus-christi- may -outsource -most -of -planning - department/, last accessed July 8, 2015. 89 See Element 11, Implementation Matrix. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 33 Page 18 Poorly Drafted Goals Comprehensive plan "goals" should be drafted as general statements of desired future conditions. Some of Plan CC's goals are written more as action steps than as goals. For example, Goal 1 of Element 6, states "Corpus Christi has a comprehensive housing policy to guide development of quality neighborhoods." This states that the City's goal is to develop a policy. It is more likely that the intended goal is for Corpus Christi to develop quality neighborhoods, and that an action step towards that goal is for the City to develop a comprehensive housing policy. Similarly, Goal 6 of Element 6, states, "Corpus Christi supports and maintains established neighborhoods." Presumably the City's goal is that its established neighborhoods offer quality living environments for residents. As one strategy for achieving that goal, the City will "support and maintain" those neighborhoods.90 The City should revise and clarify these and other goal statements so that they actually state goals. 4825 EVERHART, STE.1 • Coiu'us CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 34 deecorp DEECORP PROPERTIES LTD Suite 201, 388 West 8th Avenue Vancouver, British Columbia Canada, V5Y 3X2 Bus. (604) 683-0002 Fax (604) 683-8511 www.deecorp.ca info@deecorp.ca Ms. Arlene Medrano: RE: Tufts Cove Property under the Comprehensive Development Plan Dear Ms. Medrano: We represent the ownership of Tufts Cove a 400 acre property on Mustang Island. Corpus Christi's new Comprehensive Development Plan has designated our property under the most recent suggestions to be designated at "Public Open Space". This is completely unacceptable to the Tufts Cove for numerous reasons. Tufts Cove acquired this magnificent property in 1986 and is now finally ripe for development. Tuft's has spent over $300,000 in planning and engineering over the last few years working with the US Army Corps of Engineers toward a concept development plan and grading permit. Mustang Island is a beautiful place which is attracting a great deal of attention with the declining availability of serene beach space around the southern US. That coupled with the increasing wealth resulting from oil and gas production in south Texas is now creating high demand for resort property around Mustang Island. Tuft's Cove has been preparing for this economic opportunity for some time. This will have a significant positive impact on Corpus Christi. Thousands of jobs will be created due to development on the island. Many more service sector jobs will be created to serve the discretionary spending from those home owners. This has been our vision for Mustang Island and particularly with the Tufts Cove property which comprises the Wilson Cut. Attached is a preliminary concept plan illustrating what Tufts is planning to develop. We intend to create a very special environment conducive to elevated living, unlike anything developed on the island thus far. It will attract affluent families that will spend money in and around the Corpus Christi area as well as other people of various socioeconomic backgrounds. We are confident that after careful consideration, the City will chose to work with us to develop the property to its glorious potential —a project the City can be very proud of. A project, which is the result of numerous discussions with the City staff over several decades. DEECORP PROPERTIES LTD. Asset manager for Tufts Cove Investment Corp. Letters Submitted Page 35 State Tract 434 N31'39'35"6 1048.36_ ____131'39.3_01E 3,565.90' 45.00 Acres LINE DEARING DISTANCE Nseza25'W WETLANDS State Tract 433 31'39'00'E 3 731• 45' State Tract 432 � .- - N31'39'301 - 3733.73' AIWA WETLANDS Laa IETLANDS :cn NYw 830' 18'49"W " 04. 4 ( 80' LANDSCAPE STRIP - M11111111- gMk State Hiig'tway 361 SO' LANDSCAPE P 80' LANDSCAPE STRIP _S3 r1�149 1 PHASE ONE LAND USE - SINGLE FAMILY QUANTITY (EACH) AREA (ACRES) LAND LOCKED WATER FRONT ''//%/Ailf'' 50'x120' MIN. WATER FRONT 57 7.75 50'x90'-100' 50'x120' MIN. 4 0.5 50'x90'-100' SUB -TOTALS: 43 4.9 jj�/ 50'x90'-100' 147 16.8 SUB -TOTALS: 251 29.95 LAND USE - MULTIFAMILY 50'x90'-100' �Q� //////�� "'�',,� j It �' SITE 1 76 * 91* 5.7 ��,<";.` SITE 2 86* 5.4 SITE 3 CHANNELS 66* 4.1 yr, A SITE 4 201* 12.6 37.58 SUB -TOTALS: 444* 27.8 TOTALS: CHANNELS ALL DEPTHS 46.46 88.75 WETLANDS 7.36 STREET R.O.W.-LANDSCAPE STRIP 180 * 27.11 TOTALS: I 695* 138.68 *Note: Multi -family density varies from 10 to 22 units per acre. Assumed density © 16 units per acre. 0 2009 by Urban Engineering --- PHASE LINE II�IIR1E =' LANDSCAPE S1RP _ 11II 80' LANDSCAPE STRP 4i0" PROP LS e5 PHASE TWO LAND USE - SINGLE FAMILY QUANTITY (EACH) AREA (ACRES) LAND LOCKED WATER FRONT /. / 50'x120' MIN. 50'x90'-100' 24 3.62 50'x120' MIN. SUB -TOTALS: 24 3.62 LAND USE - MULTIFAMILY 4.8 //,/// SITE 5 46 76* 4.8 50'x90'-100' SUB -TOTALS: 76 * 4.8 SUB -TOTALS: MARINA MIXED USE 15.3 LAND USE - MULTIFAMILY CHANNELS ALL DEPTHS 17.70 SITE 6 WETLANDS 2.4 37.58 STREET R.O.W.-LANDSCAPE STRIP 9.75 TOTALS: I 1 100* 88.75 --- PHASE LINE II�IIR1E =' LANDSCAPE S1RP _ 11II 80' LANDSCAPE STRP 4i0" PROP LS e5 TUFT'S COVE DEVELOPMENT PLAN LAYOUT "A" COuRBA& ENGINEERING CORPUS CHRISTI, TEXAS 2723 Swantwr SL, Corpus Chrter6. 7N 75404 PHOM (361) 854-3101 FOX, (361) 864-8001 Job No. 41853.00.00 JLU/crr MAY 20, 2009 1600 800 400 0 800 1600 R" MI IC SCALE 1_800' Letters Submitted Page 36 PHASE THREE LAND USE - SINGLE FAMILY QUANTITY (EACH) AREA (ACRES) LAND LOCKED WATER FRONT 50'x120' MIN. 88 17.95 50'x120' MIN. 4 1.0 / /Ai/a, 65'x100' MIN. 22 4.8 50'x90'-100' 46 5.5 r/.j 50'x90'-100' 218 26.38 SUB -TOTALS: 378 55.63 LAND USE - MULTIFAMILY SITE 6 38* 2.4 SITE 7 WZ''',/,/, SITE 8 61* 3.8 SUB -TOTALS: 180 * 11.3 CHANNELS ALL DEPTHS 58.24 WETLANDS 9.86 STREET R.O.W.-LANDSCAPE STRIP 32.74 TOTALS: I 1 558 * 167.77 TUFT'S COVE DEVELOPMENT PLAN LAYOUT "A" COuRBA& ENGINEERING CORPUS CHRISTI, TEXAS 2723 Swantwr SL, Corpus Chrter6. 7N 75404 PHOM (361) 854-3101 FOX, (361) 864-8001 Job No. 41853.00.00 JLU/crr MAY 20, 2009 1600 800 400 0 800 1600 R" MI IC SCALE 1_800' Letters Submitted Page 36 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 13, 2015 Second Reading for the City Council Meeting of October 20, 2015 DATE: September 23, 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 3802 Cimarron Boulevard. CAPTION: Case No. 0815-03 The Clower Company: From the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. The property to be rezoned is described as being an 8.922 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Lipes Boulevard and Cimarron Boulevard. PURPOSE: The purpose of this item is rezone the property to allow for development of retail, office and multifamily uses. RECOMMENDATION: Staff Recommendation: Tract 1 - Approval of the "CN -1" Neighborhood Commercial District on 4.08 acres. Tract 2 - Denial of the "CN -1" Neighborhood Commercial District on the remaining 4.842 acres and, in lieu thereof, approval of the "RM -1" Multifamily 1 District. Planning Commission Recommendation: Tract 1 - Approval of the "CN -1" Neighborhood Commercial District on 4.08 acres. Tract 2 - Denial of the "CN -1" Neighborhood Commercial District on the remaining 4.842 acres and, in lieu thereof, approval of the "RM -2" Multifamily 2 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant proposes to develop commercials uses on Cimarron Boulevard and an apartment complex of approximately 200 units in the back. The applicant does not have a development plan, and requested the "CN -1" Neighborhood Commercial District which allows both commercial uses and apartments at 37 units per acre. It is staff's opinion that the proposed rezoning to the "CN -1" Neighborhood Commercial District on the entire tract of 8.922 acres is not compatible with planned low density residential uses to the east. The subject property is planned for medium -density residential uses up to 22 units per acre. Staff's opinion is that a rezoning to the "CN -1" District for the entire tract allows commercial development to further encroach into an area designated for low-density residential development. Based on the depth of surrounding uses non-residential uses, Staff recommended the "CN -1" Neighborhood Commercial District on the front 4.08 acres and the "RM -1" Multifamily 1 District for the back 4.842 acres, which allows 22 units per acre and is consistent with the Future Land Use Map and would provide a transition/buffer between the planned single-family developments and the commercial developments on Cimarron Boulevard. Planning Commission agreed with this concept, but recommended a higher density for the proposed multifamily uses — the "RM -2" Multifamily 2 District at 30 units per acre. The "RM -2" District is considered high-density residential development according to the Future Land Use Map. The applicant agrees with the Planning Commission's recommendation. ALTERNATIVES: 1. Approve Staff's recommendation. 2. Approve Planning Commission's recommendation. 3. Approve the applicant's original request of 8.922 acres of "CN -1" Neighborhood Commercial District. (3/4 vote required on Tract 2) 4. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is not consistent with the adopted Future Land Use Map, which designates the property for medium density residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital iir: 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 BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code, upon application by The Clower Company on behalf of Cimarron Company, by changing the UDC Zoning Map in reference to a 4.08 - acre tract of land out of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, and by changing the UDC Zoning Map in reference to a 4.842 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Clower Company on behalf of Cimarron Company ("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 26, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the "CN -1" Neighborhood Commercial District on approximately four acres at the intersection of Lipes and Cimarron Boulevards and the Planning Commission recommended denial of the "CN -1" Neighborhood Commercial District on the remaining acreage and, in lieu thereof, approval of the "RM -2" Multifamily 2 District, and on Tuesday, October 13, 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 The Clower Company on behalf of Cimarron Company ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 4.08 -acre tract of land out of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Lipes Boulevard and Cimarron Boulevard (the "CN -1 Tract"), from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses, and by changing the zoning on a 4.842 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located 573.14 feet east of Cimarron Boulevard on the south side of Lipes Boulevard (the "RM -2 Tract"), from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District, not resulting in a change to the Future Land Use Map (Zoning Map No. 043031), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the CN -1 Tract, Exhibit B, which is a metes and bounds description of the RM -2 Tract, and Exhibit C, which is a map to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_PC Rec_0815-03 The Clower Company Page 2 of 3 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_PC Rec_0815-03 The Clower Company Page 3 of 3 MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 CN -1 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com August 31, 2015 15040 CN-1M&B.doc Description of a 4.080 acre tract of land, more or less, a portion of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, and being a portion of a 10.00 acre tract of land described by deed recorded at Volume 1843, Page 231, Deed Records of said county, said 4.080 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southeast right-of-way line of Cimarron Boulevard and the southwest right-of-way line of Lipes Boulevard for the northernmost corner of the tract herein described, said northernmost corner bears S61°00'00"E 66.50' and S29°00'00"W 20.00' from the common corner of Sections 10, 11, 20 and 21, said Flour Bluff and Encinal Farm and Garden Tracts; THENCE S61°00'00"E 573.14' along a line 20.00' southwest of and parallel to the center line of Lipes Boulevard (common line between said Sections 20 and 21) to a point for the easternmost corner of the tract herein described; THENCE S29°00'00"W 310.00' to a point for the southernmost corner of the tract herein described in the southwest boundary line of said 10.00 acre tract of land; THENCE N61°00'00"W 576.59' along said southwest boundary line of 10.00 acre tract of land to a point for the westernmost corner of the tract herein described in a southeast right-of-way line of said Cimarron Boulevard; THENCE N35°33'37"E 30.20' along said southeast right-of-way line of Cimarron Boulevard to a point for westerly corner of the tract herein described and southeasterly right-of-way corner of said Cimarron Boulevard; THENCE N29°00'00"E 280.00' along a line 66.50' southeast of and parallel to said center line of Cimarron Boulevard (the common line between said Sections 10 and 21) to the POINT OF BEGINNING, a sketch showing said 4.080 acre tract of land being attached hereto as Exhibit "C". w rez:• .�"-� '`r4.4� Jar 1 ,1 if M. OESH r X11,- -af jtiNIXON ■ Air M. Welsh, R.P.L.S. . - ! ' 1 1 Y. ! .J •1 Rtf�* 704;;I.FAs'' EXHIBIT "A" Page 1of1 MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 RM -2 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com August 31, 2015 15040 RM -2 M&B.doc Description of a 4.842 acre tract of land, more or less, a portion of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, and being a portion of a 10.00 acre tract of land described by deed recorded at Volume 1843, Page 231, Deed Records of said county, said 4.842 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southwest right-of-way line of Lipes Boulevard and the common southeast boundary line of said 10.00 acre tract and of said Lot 2 for the easternmost corner of the tract herein described; THENCE along the southeast boundary line of said Lot 2, being along the southeast boundary line of said 10.00 acre tract, S29°00'00"W 310.00' to a point for the southernmost corner of the tract herein described and southernmost corner of said 10.00 acre tract of land; THENCE N61°00'00"W 680.36' along the southwest boundary line of said 10.00 acre tract of land to a point for the westernmost corner of the tract herein described; THENCE N29°00'00"E 310.00' to a point in said southwest right -of -line of Lipes Boulevard for the northernmost corner of the tract herein described; THENCE S61°00'00"E 680.36' along a line 20.00' southwest of and parallel to the center line of Lipes Boulevard (common line between said Sections 20 and 21) to the POINT OF BEGINNING, a sketch showing said 4.842 acre tract of land being attached hereto as Exhibit "C". KbFTIN& rfJ/ de '1•- ! -� r - r/4(47.4044r fr - r ��•, T 'Nixon M. Welsh, R.P.L.S. $ Nixon M. WELSH ws� 9211 _v.Ar _ n ......,, T� EXHIBIT "B" Page 1of1 66.50' CL CIMARRON BLVD. CL LIPES BLVD. S61°00'00"E -(91 1253.50' 573.14' f PORTION 10.0 AC. TRACT, V. 680.36' 1843, P.1.21 D.R. N29'00'00"E 310.00'-N„RM-2 ZONING "-CN-1 ZONING TRACT, 4.842 ACS` TRACT, 4.080 AC �_ ai EF M R' 576.59' Fgl A-5, 680.36' ry o ��oN Al N61°00'00"W o SEC P , P ' J 1256.95' 0 150' 300' 600' ■ ■ SCALE: 1"= 300' EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1" = 300' 0 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15040, SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 8/31/15, SHEET 1 OF 1 Ordinance amending the Unified Development Code, upon application by The Clower Company on behalf of Cimarron Company, by changing the UDC Zoning Map in reference to an 8.922 - acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CN -1" Neighborhood 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 The Clower Company on behalf of Cimarron Company ("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 26, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the "CN -1" Neighborhood Commercial District on approximately four acres at the intersection of Lipes and Cimarron Boulevards and the Planning Commission recommended denial of the "CN -1" Neighborhood Commercial District on the remaining acreage and, in lieu thereof, approval of the "RM -2" Multifamily 2 District, and on Tuesday, October 13, 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 The Clower Company on behalf of Cimarron Company ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on an 8.922 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Lipes Boulevard and Cimarron Boulevard (the "Property"), from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 043031), resulting in a change to the Future Land Use Map from medium density residential to commercial uses, as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_CN-1_0815-03 The Clower Company Page 2 of 3 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_CN-1_0815-03 The Clower Company Page 3 of 3 MURRAY BASS, JR., P.E.,R.PL5. NIXON M. WELSH, P.E.,R.P.t.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com June 17, 2015 15040-M&B.doc Description of an 8.922 acre tract of land, more or less, a portion of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, and being a portion of a 10.00 acre tract of land described by deed recorded at Volume 1843, Page 231, Deed Records of said county, said 8.922 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southeast right-of-way line of Cimarron Boulevard and the southwest right-of-way line of Lipes Boulevard for the northernmost comer of the tract herein described, said northernmost corner bears S61°00'00"E 66.50' and S29°00'00"W 20.00' from the common corner of Sections 10, 11, 20 and 21, said Flour Bluff and Encinal Farm and Garden Tracts; THENCE S61°00'00"E 1253.50' along a line 20.00' southwest of and parallel to the centerline of Lipes Boulevard (common line between said Sections 20 and 21) to a point for the easternmost corner of the tract herein described at the point of intersection of said southwest right-of-way line of Lipes Boulevard and southeast boundary line of said Lot 2; THENCE along the southeast boundary line of said Lot 2, being along the southeast boundary line of said 10.00 acre tract, S29°00'00"W 310.00' to a point for the southernmost corner of the tract herein described and southernmost corner of said 10.00 acre tract of land; THENCE N61°00'00"W 1256.95' along the southwest boundary line of said 10.00 acre tract of land to a point for the westernmost corner of the tract herein described in a southeast right-of-way line of said Cimarron Boulevard; THENCE N35°33'37"E 30.20' along said southeast right-of-way line of Cimarron Boulevard to a point for westerly comer of the tract herein described and southeasterly right-of-way corner of said Cimarron Boulevard; THENCE N29°00'00"E 280.00' along a line 66.50' southeast of and parallel to said centerline of Cimarron Boulevard (the common line between said Sections 10 and 21) to the POINT OF BEGINNING, a sketch showing said 8.922 acre tract of land being attached hereto as Exhibit "B". Nixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 fr-CL CIMARRON BLVD. ZONING TRACT, 0 0 � [CI_ LIPES BLVD. S61'00'OO"E 8.922 AC. b o N N _ N� 1253.50' NN pN Z v PORTION 10.0 AC. TRACT, V. " N cn 1843, P. 231, O.R. p 0O N G. oa N M 4" (1) A)' A 0, •.1 �� o 0 66.50' L&J n p N tot Z N61'00'OO'W 1256.95' 0 150' 300' 600' SCALE' 1'= 300' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1- = 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI. TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52 FILE EXB-ZONING, JOB NO. 15040, SCALE 1" = 300' PLOT SCALE SAME, PLOT DATE: 6/17/15, SHEET 1 OF 1 EXHIBIT "B" Ordinance amending the Unified Development Code, upon application by The Clower Company on behalf of Cimarron Company, by changing the UDC Zoning Map in reference to a 4.08 - acre tract of land out of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, and by changing the UDC Zoning Map in reference to a 4.842 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Clower Company on behalf of Cimarron Company ("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 26, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the "CN -1" Neighborhood Commercial District on approximately four acres at the intersection of Lipes and Cimarron Boulevards and the Planning Commission recommended denial of the "CN -1" Neighborhood Commercial District on the remaining acreage and, in lieu thereof, approval of the "RM -2" Multifamily 2 District, and on Tuesday, October 13, 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 The Clower Company on behalf of Cimarron Company ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 4.08 -acre tract of land out of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Lipes Boulevard and Cimarron Boulevard (the "CN -1 Tract"), from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses, and by changing the zoning on a 4.842 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located 573.14 feet east of Cimarron Boulevard on the south side of Lipes Boulevard (the "RM -1 Tract"), from the "FR" Farm Rural District to the "RM -1" Multifamily 1 District, not resulting in a change to the Future Land Use Map (Zoning Map No. 043031), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the CN -1 Tract, Exhibit B, which is a metes and bounds description of the RM -1 Tract, and Exhibit C, which is a map to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_CN-1&RM-1_0815-03 The Clower Company Page 2 of 3 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_CN-1&RM-1_0815-03 The Clower Company Page 3 of 3 MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 CN -1 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com August 31, 2015 15040 CN-1M&B.doc Description of a 4.080 acre tract of land, more or less, a portion of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, and being a portion of a 10.00 acre tract of land described by deed recorded at Volume 1843, Page 231, Deed Records of said county, said 4.080 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southeast right-of-way line of Cimarron Boulevard and the southwest right-of-way line of Lipes Boulevard for the northernmost corner of the tract herein described, said northernmost corner bears S61°00'00"E 66.50' and S29°00'00"W 20.00' from the common corner of Sections 10, 11, 20 and 21, said Flour Bluff and Encinal Farm and Garden Tracts; THENCE S61°00'00"E 573.14' along a line 20.00' southwest of and parallel to the center line of Lipes Boulevard (common line between said Sections 20 and 21) to a point for the easternmost corner of the tract herein described; THENCE S29°00'00"W 310.00' to a point for the southernmost corner of the tract herein described in the southwest boundary line of said 10.00 acre tract of land; THENCE N61°00'00"W 576.59' along said southwest boundary line of 10.00 acre tract of land to a point for the westernmost corner of the tract herein described in a southeast right-of-way line of said Cimarron Boulevard; THENCE N35°33'37"E 30.20' along said southeast right-of-way line of Cimarron Boulevard to a point for westerly corner of the tract herein described and southeasterly right-of-way corner of said Cimarron Boulevard; THENCE N29°00'00"E 280.00' along a line 66.50' southeast of and parallel to said center line of Cimarron Boulevard (the common line between said Sections 10 and 21) to the POINT OF BEGINNING, a sketch showing said 4.080 acre tract of land being attached hereto as Exhibit "C". w rez:• .�"-� '`r4.4� Jar 1 ,1 if M. OESH r X11,- -af jtiNIXON ■ Air M. Welsh, R.P.L.S. . - ! ' 1 1 Y. ! .J •1 Rtf�* 704;;I.FAs'' EXHIBIT "A" Page 1of1 MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 RM -1 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com August 31, 2015 15040 RM -2 M&B.doc Description of a 4.842 acre tract of land, more or less, a portion of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, and being a portion of a 10.00 acre tract of land described by deed recorded at Volume 1843, Page 231, Deed Records of said county, said 4.842 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southwest right-of-way line of Lipes Boulevard and the common southeast boundary line of said 10.00 acre tract and of said Lot 2 for the easternmost corner of the tract herein described; THENCE along the southeast boundary line of said Lot 2, being along the southeast boundary line of said 10.00 acre tract, S29°00'00"W 310.00' to a point for the southernmost corner of the tract herein described and southernmost corner of said 10.00 acre tract of land; THENCE N61°00'00"W 680.36' along the southwest boundary line of said 10.00 acre tract of land to a point for the westernmost corner of the tract herein described; THENCE N29°00'00"E 310.00' to a point in said southwest right -of -line of Lipes Boulevard for the northernmost corner of the tract herein described; THENCE S61°00'00"E 680.36' along a line 20.00' southwest of and parallel to the center line of Lipes Boulevard (common line between said Sections 20 and 21) to the POINT OF BEGINNING, a sketch showing said 4.842 acre tract of land being attached hereto as Exhibit "C". KbFTIN& rfJ/ de '1•- ! -� r - r/4(47.4044r fr - r ��•, T 'Nixon M. Welsh, R.P.L.S. $ Nixon M. WELSH ws� 2211 _v.Ar _ n ......,, T� EXHIBIT "B" Page 1of1 66.50' CL CIMARRON BLVD. CL LIPES BLVD. S61°00'00"E -(91 1253.50' 573.14' f PORTION 10.0 AC. TRACT, V. 680.36' 1843, P. 231, D.R. N29'00'00"E 310.00'-N„RM-1 ZONING "-CN-1 ZONING TRACT, 4.842 ACS` TRACT, 4.080 AC �_ ai EF M R' 576.59' Fgl A-5, 680.36' ry o ��oN Al N61°00'00"W o SEC P , P ' J 1256.95' 0 150' 300' 600' ■ ■ SCALE: 1"= 300' EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1" = 300' 0 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15040, SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 8/31/15, SHEET 1 OF 1 PLANNING COMMISSION FINAL REPORT Case No. 0815-03 HTE No. 15-10000043 Planning Commission Hearing Date: August 26, 2015 Applicant & Legal Description Applicant/Representative: The Clower Company Owner: Cimarron Company Legal Description/Location: Being an 8.922 -acre tract of land, a portion of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Lipes Boulevard and Cimarron Boulevard. Zoning Request From: "FR" Farm Rural District To: "CN -1" Neighborhood Commercial District Area: 8.922 Purpose of Request: To allow for development of retail, office and multifamily. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District Vacant Medium -Density Residential North "FR" Farm Rural District Public/ Semi -Public Commercial & Low Density Residential South "FR" Farm Rural District Vacant and Drainage Ditch Medium -Density Residential East "FR" Farm Rural & "RS- 6" Single -Family 6 Vacant & Low- Density Residential Low -Density Residential West "CN -1" Neighborhood Commercial Medium -Density Residential Commercial ADP, Map & Violations Area Development boundaries medium Neighborhood Land Use Development Map No.: Zoning Plan: The subject property is located within the of the Southside Area Development Plan and is planned for -density residential uses. The proposed rezoning to the "CN -1" Commercial District is not consistent with the adopted Future Plan but is consistent with elements of the Southside Area Plan. 043031 Violations: None Transportation Transportation and Circulation: The subject property has approximately 330 feet of street frontage along Cimarron Boulevard, which is an "A-1" Minor Arterial Undivided street, and 1,270 feet of frontage along Lipes Boulevard, which is a "C-3" Primary Collector. Half of Lipes Boulevard has been constructed by Corpus Christi Independent School District. The developer of the subject property will be responsible for completing construction of the remaining half of Lipes Boulevard, as a C3 Primary Collector. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Cimarron Blvd. "Al" Minor Arterial Undivided 95' ROW 64' paved 88' ROW 71' paved N/A Lipes Blvd. "C-3" Primary 75' ROW 50' paved 70' ROW 38' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District to allow for development of office, retail and multi -family uses. Development Plan: The applicant has plans to market the property for 200+ units of multi -family, office space and/or retail with minimum operating hours of 10 a.m. to 4 p.m. No site plan was provided. Existing Land Uses & Zoning: North of the subject property, across Lipes Boulevard, is the recently constructed Veterans Memorial High School zoned "FR" Farm Rural District. East of the subject property is vacant land zoned "FR" Farm Rural District and a new subdivision under construction zoned "RS -6" Single -Family 6 District. South of the subject property is vacant land and a drainage ditch zoned "FR" Farm Rural District. West of the subject property is Cimarron Boulevard and a nursing home zoned "CN -1" Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Plan's designation of the property as medium - density residential, but consistent with some elements of the Southside ADP. The following are pertinent elements of the Comprehensive Plan and Southside ADP, and should be considered: • Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F). • Locating medium -density residential development along a collector street with convenient access to an arterial street (Comprehensive Plan, Residential Policy Statement H). • Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low-density residential activities from incompatible activities (Southside ADP Policy Statement B.1). Staff Report Page 3 • Buffering high-intensity commercial areas from low-density residential areas through the existence of roads, public/institutional buildings, open space, scale of designs, and transitional land uses (Southside ADP Policy Statement B.6). • Discouraging new high-intensity commercial developments from locating directly adjacent to low -intensity residential areas without an adequate transition or buffer (Southside ADP Policy Statement B.7). • 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). Plat Status: The subject property is not platted. Department Comments: • It is staff's opinion that the proposed rezoning to the "CN -1" Neighborhood Commercial District would negatively impact the surrounding residential properties and the property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a medium -density residential use. • A "CN -1" District would allow uses that are not compatible with the existing residential subdivision farther east and could potentially increase traffic through residential areas on Lipes Boulevard. • Staff's opinion is that a "CN -1" District rezoning for the entire tract further encroaches into a primarily low-density residential area and does not follow the surrounding development patterns in this area. It would not increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. • The applicant is amenable to multifamily zoning on the back acreage, but has requested the "RM -2" Multifamily 2 District to allow 30 units per acre. The "RM -2" District is considered high-density residential development under the code. • An "RM -1" District allows 22 units per acre, which is considered medium -density residential under the code and consistent with the Future Land Use Map of the subject property. • The applicant does not have a development plan for the property. Many apartments in the Southside area of the city are built at 22 units per acre. Therefore, staff does not support a change to the Future Land Use Map to increase the density from 22 to 30 units per acre. • The "CN -1" District can accommodate an apartment density of 37 units per acre, which is appropriate at the corner of an A-1 arterial and C-3 collector. An apartment complex can be built on the site with two zoning districts. • Buffer Yard Requirements: Under staff's recommendation, the development would require two types of buffer yards. A "Type A" buffer between the "CN -1" District and "RM -1" District, which consists of a 10 -foot -wide buffer yard and 5 points, as referenced in UDC Table 7.9.7. A "Type B" Buffer Yard would be required between the "RM -1" District and the "RS -6" District, which includes a 10 -foot -wide landscaped buffer yard and 10 points. Planning Commission Final Report Page 4 Staff Recommendation: Tract 1 - Approval of the "CN -1" Neighborhood Commercial District on 4.08 acres. Tract 2 - Denial of the "CN -1" Neighborhood Commercial District on the remaining 4.842 acres and, in lieu thereof, approval of the "RM -1" Multifamily 1 District. Planning Commission Recommendation: Tract 1 - Approval of the "CN -1" Neighborhood Commercial District on 4.08 acres. Tract 2 - Denial of the "CN -1" Neighborhood Commercial District on the remaining 4.842 acres and, in lieu thereof, approval of the "RM -2" Multifamily 2 District. Public Notification Number of Notices Mailed — 6 within 200 -foot notification area 7 outside notification area As of September 1, 2015: In Favor — 1 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. Application K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\0815-03 The Clower Company (Cimarron Company)\PC Documents\Report for PC_0815-03 The Clower Company.docx CN - 1 SUBJECT PROPERTY RS -6 400 Date Created: 8/7/2015 Prepared By: LARRYF rtment of Development Services CASE: 0815-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP 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 flSubject PropertyOwners with 200' buffer O in favor 4 Owners within 200' listed on VOwners attached ownership table in opposition rP SUBJECT PROPERTY —FM -2444 s Sba E LOCATION MAP "by,N��t'O Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street 0 w 0 0 1. Applicant The Clower Company REZONING APPLICATION Case No.: 0 S 1 - 0,3 Map No.: O `t3n'I PC Hearing Date: g' 26a' 1 S Proj.Mgr. \ Q' Sf CO-- Hearing O - 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 Mailing Address: P.O. Box 2525 Contact Person : George B. Clower City: Corpus Christi E-mail: State: TXZIP: 78403 Phone: (361 ) 880-4111 Cell: ( 361 ) 688-9542 2. Property Owner(s): Cimarron Company Contact Person : Tim Clower Mailing Address: P.O. Box 2525 City: Corpus Christistate: TX ZIP: 78403 Phone: (361 ) 880-4111 E -mai cell: ( 361 ,688-9540 3. Subject Property Address: SEC of Cimarron & Lipes Area of Request (SF/acres): 10+ Acres Current Zoning & Use: FR - Vacant Proposed Zoning & Use: CN -1 (Multi -Family & Commercial) 12 -Digit Nueces County Tax ID: 2476 _ _ 0021 r _ 0010____ Subdivision Name: N/A Block: N/A Lot(s): N/A Legal Description if not platted: Flour Bluff and Encinal Farm & Garden Tract Section, Lots 1 & 2, Section 21 4. Submittal Requirements: © Early Assistance Meeting: Date Held 6129 0 ,with City Staff Jessica Savage Alford ill Land Use Statement © Disclosure of Interest ® Copy of Warranty Deed IF APPLICABLE: l] Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit 8 Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization 0 Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City o Corpus Christi with a complete application for as or; alf of the Property Owner(s); and the info Owner or Agent's Tim Clo Owner or Age ew, th- !m ri d to initiate this rezoning Applicant's ature Geor'e B. Clower Name Applicant's Printed Name Office Use Only: Date Received: - 1 +i - 1S Received By: ADP: ms Rezoning Fee: 1f is `li+o • 7S + PUD Fee + Sign Fee •3 = Total Fee 'V •µ' aOOte •15 No. Signs Required 3 ® $10/sign Sign Posting Date: - (1- 1 S K IDEVELOPMENTSVCSLSHAREOLLANn MVP nPUENTIAPP1 trAnnu Fnwucwc7fl P. i7n J G APPLICATION 2015.DOC aaarri roan Nemec Sl1ZfZU15 15-- 00000 `13 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. - Office/Retail - Sqft TBD; - Multi -Family - 200+ units; - minimum business hours of operation 10 am to 4 pm; - No demolition required. 2. Identify the existing land uses adjoining the area of request: North - Public School - Veterans HS South - Farm Land East - Farm Land West - Public Street/Senior Housing C:UISERSITANYAR.000IDESKTOPhCVJLY USEIANNIKALLAND 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: The Clower Company STREET: P.C. Box 2525 CITY: Corpus Christi ZIP: 78403 FIRM is:OCorporation OPartnership OSole Owner OAssociation °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 N/A Board, Commission, or Committee 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 interesN' 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: George B. Clower (Print Name) Signature of Certifying Person: Titie: Vice President Date: 7-15-15 KADEVELOPMENTSVCSISHAREDILAND DEVELOPMENTIAP CATION FORMSIREZONINGIPISCLOSURE OF INTERESTS STATEMENT 5.12.2015.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 b$ answered. If the question is not applicable, answer with "NA'. NAME: Cimarron Company STREET: P.O. Box 2525 CITY: Corpus Christi ZIP: 78403 FIRM is: °Corporation °Partnership °Sole Owner °Association ° Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 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 N/A Board, Commission, or Committee 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 N/A Consultant 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 re• d; and that supplemental statements will be promptly submitted to the City s Christi, Texas as changes occur. Tim Clow Certifying Person: (Print Na Signature of Certifying Perso Title: Managing General Partner Date: 7-15-15 K:IDEVELOPMENTSVCSISHAREDtAND DEVELOPMENT APPLICATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT 5.12.2015,DOC MURRAY BASS, JR., P.E.,R.PL5. NIXON M. WELSH, P.E.,R.P.t.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com June 17, 2015 15040-M&B.doc Description of an 8.922 acre tract of land, more or less, a portion of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records, Nueces County, Texas, and being a portion of a 10.00 acre tract of land described by deed recorded at Volume 1843, Page 231, Deed Records of said county, said 8.922 acre tract as further described by metes and bounds as follows: BEGINNING at the point of intersection of the southeast right-of-way line of Cimarron Boulevard and the southwest right-of-way line of Lipes Boulevard for the northernmost comer of the tract herein described, said northernmost corner bears S61°00'00"E 66.50' and S29°00'00"W 20.00' from the common corner of Sections 10, 11, 20 and 21, said Flour Bluff and Encinal Farm and Garden Tracts; THENCE S61°00'00"E 1253.50' along a line 20.00' southwest of and parallel to the centerline of Lipes Boulevard (common line between said Sections 20 and 21) to a point for the easternmost corner of the tract herein described at the point of intersection of said southwest right-of-way line of Lipes Boulevard and southeast boundary line of said Lot 2; THENCE along the southeast boundary line of said Lot 2, being along the southeast boundary line of said 10.00 acre tract, S29°00'00"W 310.00' to a point for the southernmost corner of the tract herein described and southernmost corner of said 10.00 acre tract of land; THENCE N61°00'00"W 1256.95' along the southwest boundary line of said 10.00 acre tract of land to a point for the westernmost corner of the tract herein described in a southeast right-of-way line of said Cimarron Boulevard; THENCE N35°33'37"E 30.20' along said southeast right-of-way line of Cimarron Boulevard to a point for westerly comer of the tract herein described and southeasterly right-of-way corner of said Cimarron Boulevard; THENCE N29°00'00"E 280.00' along a line 66.50' southeast of and parallel to said centerline of Cimarron Boulevard (the common line between said Sections 10 and 21) to the POINT OF BEGINNING, a sketch showing said 8.922 acre tract of land being attached hereto as Exhibit "B". Nixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 fr-CL CIMARRON BLVD. ZONING TRACT, 0 0 � [CI_ LIPES BLVD. S61'00'OO"E 8.922 AC. b o N N _ N� 1253.50' NN pN Z v PORTION 10.0 AC. TRACT, V. " N cn 1843, P. 231, O.R. p 0O N G. oa N M 4" (1) A)' A 0, •.1 �� o 0 66.50' L&J n p N tot Z N61'00'OO'W 1256.95' 0 150' 300' 600' SCALE' 1'= 300' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1- = 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI. TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52 FILE EXB-ZONING, JOB NO. 15040, SCALE 1" = 300' PLOT SCALE SAME, PLOT DATE: 6/17/15, SHEET 1 OF 1 Aerial Overview Vicinity Map 1 Aerial Recommendation Mem tags tango lltllgn 01 U." 01?mp ?13%n comma eavmAa &WWI, SHAm 03 m GS)t' NN Ares In USW an 1t 5l4e:u^ 4Ot urn :551rau.. Planning Commission: RM -2 (30 units/acre) Staff: RM -1 (22 units/acre) AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 13, 2015 Second Reading for the City Council Meeting of October 20, 2015 DATE: September 24, 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 3202 Interstate Highway 69 Access Road CAPTION: Case No. 0815-02 CAH -DHL Properties, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 15.23 acre tract of land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, located along the east side of Interstate Highway 69 about 2,000 feet north of County Road 48. PURPOSE: The purpose of this item is rezone the property to allow development of a vehicle sales and service use. RECOMMENDATION: Planning Commission and Staff Recommendation (August 26, 2015): Approval of the change of zoning from the "FR" Farm Rural District to "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 for the development of a vehicle sales and service use, specifically a Nissan Dealership. The proposed zoning designation of "CG -2" General Commercial is consistent with the Future Land Use Plan and the Northwest Area Development Plan. The Future Land Use Plan identifies the subject property for Commercial uses. A change to "CG -2" General Commercial District will further various goals of the Comprehensive Plan that pertain to infill development and commercial development. The proposed use is consistent with the goal in the Northwest Area Development Plan, which stipulates that large scale commercial uses are encouraged and warranted on both sides of IH -69. A "CG -2" District would allow uses that are compatible with adjacent existing and future land uses. The planned use of the property is compatible with adjacent land uses. 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 is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital lig 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 BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code, upon application by CAH -DHL Properties, LLC, by changing the UDC Zoning Map in reference to a 15.23 acre tract of land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, 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 CAH -DHL Properties, LLC ("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 26, 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, October 13, 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 CAH -DHL Properties, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 15.23 acre tract of land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, located along the east side of Interstate Highway 69 about 2,000 feet north of County Road 48 (the "Property"), from the "FR" Farm Rural District to the "CG -2" General Commercial District (Zoning Map No. 066049), not resulting in a change to the Future Land Use Map, as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_0815-02 CAH -DHL Properties, LLC Page 2 of 3 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_0815-02 CAH -DHL Properties, LLC Page 3 of 3 Exhibit A 15.23 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 39320.B5.04 July 9, 2015 Fieldnotes for a 15.23 Acre Tract of Land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 Acre Tract, described in a Deed from Gulf Coast Entertainment, LLC to Deluxe Properties, as recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, said 15.23 Acre Tract being more fully described as follows: Commencing, at the Southwest comer of Lot 1, Block 1, M.E.R. Subdivision, a Map of which is recorded in Volume 67, Page 25, of the Map Records of Nueces County, Texas, on the East Right of Way of US Highway 69, the West line of the said 160.62 Acre Tract, from Whence a 5/8 Inch Iron Rod with a cap stamped "Texas Geotech" Found, Bears South 27°2311" East, 0.25 Feet; Thence, South 09'15'47" West, with the common line of the said East Right of Way, the said 160.62 Acre tract, 60.00 feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR. C.C.T.X." Set, for the Point of Beginning and the Northwest corner of this Tract; Thence, South 80'44'13" East, 614.38 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR. C.C.T.X." Set, for the Northeast comer of this Tract, from Whence, a PK Nail Found, for the Southeast corner of the said Lot 1, Bears North 09°22'52" East, 59.87 Feet, Thence, South 09'15'47" West, at 365.33 Feet pass a 5/8 Inch Iron Found with a cap stamped "Texas Geotech", in all 1026.75 Feet, to a 5/8 Inch Iron Rod Set with a cap stamped "URBAN ENG C.C.TX.", on the North line of Lot 1, Block 1, Hominick Acres, a Map of which is recorded in Volume 44, Page 197, of the said Map Records, the South line of the said 160.62 Acre Tract, for the Southeast corner of this Tract, from Whence, a 5/8 Inch Iron Found, on the South line of the said 160.62 Acre Tract, for the Northeast corner of the said Hominick Acres, bears North 89°26'20" East, 242.93 Feet, a Type II TXDOT Monument Found on the South line of said 160.62 Acre Tract, for an outer ell corner of a 100 Foot wide drainage easement recorded in Document Number 2004037121, of the Official Public Records of Nueces County, Texas bears, North 89°26'20" East, 2741.66 Feet; S:LSurveying1393201135041OFFICEIMETES AND BOUNDSu9320B504_i 5.23Acres 20150709,docx Page 1 012 (361)854-3101 2725 SWANTNER DR.. CORPUS CHRISTI, TEXAS 78404 www.urbanena.com TBPE, Firm # 145 TBPLS Firm # 10032400 Exhibit "A" FAX (361)854-6001 Thence, South 89°26'20" West, with the Common line of the said Lot 1, Block 1, Hominick Acres and the said 160.62 Acre Tract, at 74.3 feet, pass the Northeast corner of a 11.43 Acres out of the Mrs. Hermine Albert 153.69 Acre Tract, a Deed of which is recorded in Volume 2054, Pages 899-902, of the Deed Records of Nueces County, Texas, the Northwest corner of the said Lot 1, Block 1, Hominick Acres, continue with the common line of the said 11.43 acre tract and the said 160.62 Acre tract, in all, 623.53 Feet, to a 5/8 Inch Iron Rod Set with a cap stamped "URBAN ENG C.C.TX.", on the said East Right of Way, for the Southwest comer of the said 160.62 Acre tract and this Tract, from Whence, a 5/8 Inch Iron Found, on the South line of the said 11.43 acre tract, Bears, South 09°20'04" West, 771.75 Feet; Thence, North 09°15'47" East, with the Common line of said East Right of Way and the said 160.62 Acre tract, at 767.61 feet pass, a 5/8 Inch Iron Found with a cap stamped "Texas Geotech", in all 1133.14 Feet, to the Point of Beginning, containing 15.23 Acres (663501 Sq. Ft) of Land, more or less. Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnote 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 described herein. URB4N ENGINEERING itib L James D. Carr, R.P.L.S. License No. 6458 5.15urveying1393201B50010FFICEIMETEs AND BOUNDS k39320B500_16.OS Acres_20150129 revised 20150204.docx Page 2 oft (361)854-3101 2725 SWANTNER DR.. CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbanene.com TBPE, Firm # 145 • TBPLS Firm # 10032400 52723'11"E 0.25' POB an - o o r r 0 Point of Commencement Point of / Beginning awnow I `�amAtc ! 1 11.6 11W 1 ° g� 15.23 Acres 1 iq 1 dna ! gra Lot i slac M.E.R. Subtlly;k T s;on vol 67, 44�5rMR.N.C.T. Owner To Poo mot ereC�t Doc 2007048 O.PT X84 RN 683501 Sq. ,'t out of remainder of a 160.62 Acre Tract Doc. No. 2002040593 0.P.R.N.C.T. Owner. Deluxe Properties ! 22' Easement ! Doe. No. 2003051984 117r 0.P.R.N.C.T. 17 1! I I ! I 1 l 100' Wide Drainogqe Easement Doe. No. 2004037721 0.P.R.N.C.T. w912'521. 59.87' Remainder of 160.62 Acre Tract Nueces County, Texas a Doc. No. 2002040593 �eF 0.P.R.N.C.T. Owner: Deluxe Properties �1 -- ----�� i �'. NC. �' / s, ,- � — 249 7r.!, cr \� �9. • 41 �1. S89'26'20'W 623.53' 0 242.93' a a, a�' • w o; Lot 1, Block 1 n _ �\ Q , $� P. 11.43 Acres out of the Mrs. Hermine Hominick Acres =' " J r . Albert 153.69 Acre Tract W w Vol. 44, Pg. 197, .i W 0 .. c9 0 o Vol. 2054, Pgs. 899-902 '4 ,-, M.R.N.C.T. n w-, N., \J� Ncn D.R.N.C.T. o Q Owner: CanalesP ca o cnoOwner: Albert Herbert i o Invertments, Inc. 2 0 •� Doc. No. 2009009446 8Doc. No. 2011047132 •.L 0.P.R.N.C.T. 0.P.R.N.C.T. lip f*l4e 106 1 6 .l6s1 h 160 6.7 Arn.t Site County Road 48 Loco ion Map Cit of Corpus Christi Leaend O 5/8 Iron Rod Eng. C.Gi OO Type II TXDOT Monument Found • 5/8 Inch Iron Rod Found • 5/8 Inch Iron Rod Found "Geotecl- X PK Nail Found Exhibit B Sketch to Accompany Fieldnotes for A 15.23 Acre Tract, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 Acre Tract, described in a Deed from Gulf Coast Entertainment, LLC to Deluxe Properties, as recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas. UBAN ENGINEERING 7775 S.erir 2, Caps Midi A' 7610. WE nm ,r. Id 6)tS fir Ma miawm ROC ru1) as. -.Aar FA r tti 1J +-, DATE: July 9, 2015 SCALE: 1 =200 JOB NO.: 39320.B5.04 SHEET: 1 of 1 DRAWN BY: XG PLANNING COMMISSION FINAL REPORT Case No. 0815-02 HTE No. 15-10000044 Planning Commission Hearing Date: August 26, 2015 Applicant & Legal Description Applicant/Owner: CAH -DHL Properties, LLC Representative: Urban Engineering Legal Description/Location: Being a 15.23 acre tract of land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, located along the east side of Interstate Highway 69 about 2,000 feet north of County Road 48. Zoning Request From: "FR" Farm Rural District To: "CG -2" General Commercial District Area: 15.23 Purpose of Request: To allow development of a vehicle sales and service use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Commercial North "CG -2" General Commercial Commercial Commercial South Outside City Limits Vacant and Mobile Home Commercial and Mobile Home East "FR" Farm Rural Vacant Mobile Home West Outside City Limits Commercial and Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan and the policies contained in the Northwest Area Development Plan and the Comprehensive Plan. Map No.: 066049 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,100 feet of street frontage along IH 69 Access Road, which is an "A-1" Minor Arterial Undivided street. A proposed C-1 Collector roadway (County Road 50) is planned as access along this property. The applicant is seeking an amendment to the Urban Transportation Plan of Mobility CC to relocate the road from the middle of this property to its northern edge. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume IH 69 ARoads "Al" Minor Arterial Undivided 95' ROW 64' paved 280' ROW 180' paved N/A 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 for the development of a vehicle sales and service use. Development Plan: If the zoning change request is approved, the applicant plans to develop the property for an auto dealership. The dealership planned to be placed on the north 6.0 acres of the site, leaving the remainder of the 15.23 acre site available for future expansion. The immediate plan is to construct a building approximately 36,500 square feet in size. A future expansion of approximately 19,900 square feet is planned. A total of 436 parking spaces are planned for the sale of vehicles and customer parking. Existing Land Uses & Zoning: North of the subject property is an auto dealership in the "CG -2" General Commercial District and to the east is vacant land zoned "FR" Farm Rural. The property to the south and to the west is outside the city limits. There is a mobile home park to the south and commercial uses to the west. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan's designation of the property as suitable for commercial uses. Plat Status: The subject property is not platted. A plat application is being processed concurrently with the application to rezone as well as an application to amend the adopted transportation plan. Department Comments: • The proposed zoning designation of "CG -2" General Commercial is consistent with the Future Land Use Plan and the Northwest Area Development Plan. • The Future Land Use Plan identifies the subject property for Commercial uses. • A change to "CG -2" General Commercial District will further various goals of the Comprehensive Plan that pertain to infill development and commercial development. • The proposed use is consistent with the goal in the Northwest Area Development Plan, which stipulates that large scale commercial uses are encouraged and warranted on both sides of US77 (IH -69). Staff Report Page 3 • A "CG -2" District would allow uses that are compatible with adjacent existing and future land uses. • The planned use of the property is compatible with adjacent land uses. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural District to "CG -2" General Commercial District. Public Notification Number of Notices Mailed — 4 within 200 -foot notification area 1 outside notification area As of September 23, 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\0815-02 CAH -DHL Properties, LLC (Ed Hicks)\Council Documents\Report for CC_0815-02 CAH -DHL Properties, LLC.docx 1 SUBJECT PROPERTY Date Created: 8/10/2015 Prepared By: LARRYF Department of Development Services CASE: 0815-02 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 Resort Commercial CR -2 CG -1 C G-2 CI CBD CR -3 FR H BP 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 to opposition ilk ..moi City of Corpus Christi BI 100 N010d SIM Plan 15003 JWy 7. 7015 f :. ue!d el!S PeluN LL'oNAeMLJ6!H'sn :r° *4' l5 F . 5Ai.0 4 , 1 1 . 4 4 I . 4 ~'l ' 11' ''- C 114 )4 I 1444 444128 6 ° ' 4+ ci T s �---,. . —3 aT- -7 94 2 ti .4 4 t 1.1 S 1 1 4 4 1 4 4 4 Li . 4 4 ,.4.1.244 f€ 1 r1' rIry rrrr rrrr rrrrrrrrr:.rrrrr i • f 1 1 4 1.1 I I '4' 1 4• 4 1 I 14 e1' I II '' '' 1'4••' `4 • I, 11 • 4 1 4 •f' 1 1 • 4 4 1 4 •1 I I• '4 4 4 4 4 1 1 4 i4 4.44 4ay.e Name Aq.d �aa,rs Hicks Family Nissan Ro4s111wn TX, Canny Maple N. 0140 INCOMPLETE NOT FOR REGULATORY APPROVAL, PERMIT,OR CONSTRUCTION NAME. Emily D. Rolypal, AIA REGISTRATION 110000 DATE EOR A4ddlacts. PLLC Site Plan P L. EDR architects .1.4.1 141 4121611 4,.192•11.II94•e144•9Iu1-. Development Services Dept P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street . Applicant Urban Engineering 15-- t ocoo iN REZONING APPLICATION Case No.: I 0 2— Map No.: 0 1p 61' y 9 PC Hearing Date: - 2.IS- Proj.Mgr. ©l 13T2S 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. Mailing Address:2725 Swantner Drive Contact Person :Xavier Galvan city. Corpus Christi E-mail: State: Tx ZIP: 78404 Phone: (361 ) 854-4187 ext. 217 Cell: ( ) . Property Owner(s): CAH -DHL Properties, LLC Mailing ,address: 218 Lorraine Drive Contact Person : Charles A. Hicks city:Corpus Christi E-mail state: Tx zip: 78411 Phone: (361 ) 6541955 CHI: ( ) Subject Property Address: 3202 IH 69 Access Road Current zoning & Use: FR - Agricultural 12 -Digit Nueces County Tax ID:2385 _0060 _ 0101 Area of Request (SF/acres): 15.23 acres Proposed Zoning & Use: CG -2 Auto Dealership Subdivision Name: Block:Lot(s): port. 1-4 &14-18 Legal Description if not platted: Out of Tract 6, Farias G. Grant . Submittal Requirements: Mr Early Assistance Meeting: Date Held ; with City Staff ® Land Use Statement E Disclosure of Interest ® Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) lI Metes & Bounds Description with exhibit If property Includes un -platted land (sealed by RPLS) ❑ Appointment of Agent Form if landowner is not signing this form ❑ Site Plan for PUD or Special Permit II Lien Holder Authorization certifythat I have provided C f Corpus Christi with a complete applicatio or review, that I - m authorized to initiate this rezoning r m ehalf of the Property Owner(s); and the ratio ; , accurate. Owner or Agent's Signature ,y CH S l_es A. H-yoti-S Owner or Agent's Printed Name App--= Signature Eug: e C. Urba , Jr. — Urban Engineering Applicant's Printed Name OIf ce'Use,Only: Date Received: F 1 .Received By t KAA: ADP Rezoning Fee: t' 7 /, . '7V PUD Fee ✓ +Sign Fee . Z 2 = Total Fee / 99,24 .0 , No. Slgns:Required ©.$.1Wsign Sign Posting Date: _- l KADEVELOPMENTSVC5ISNAREDL ND DEVVI=LLOPNENTIAPPUCAAION FORM51RQONING12oNING APPLICATION 2016.DOC Form Revised 6!12/2015 Development Services Dept, P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street Applicant: Urban Engineering REZONING APPLICATION Case No.: Map No.: PC Hearing Date: Proj.Mgr. Hearing Location: City Hall. Council Chambers, 1201 Leonard Street Hearing lime: 5:30 p.m. 'A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Mailing Address:2725 5wantner Drive Contact Person :Xavier Gaivan city: Corpus Christi state; Tx ZIP: 78404 Phone: ( 361 ) 854-4187 ext. 217 E-mail: Cell: ( ) . Property owner(s): CAH -DHL Properties, LLC Mailing Address: 218 Lorraine Drive Contact Person : Charles A. Hicks City: Corpus Christi E-mail: state:Tx zlP: 78411 Phone: ( 361 ) 654-1955 Cell: C____ Subject Property Address: 3202 IH 69 Access Road Area of Request (SF/acres): 15.23 acres Current Zoning & Use: FR - Agricultural Proposed Zoning & Use: CG -2 Auto Dealership 12 -Digit Nueces County Tax ID: 2385 _ 0060 0101 Subdivision Name. BlockLot(s): pow 1-4 &1416 Legal Description if not platted; Out of Tract 6, Farias G. Grant 4. Submittal Requirements: Early Assistance Meeting: Date Held : with City Staff ® Land Use Statement I Disclosure of interest 1 Copy of Warranty Deed IF APPLICABLE' 0 Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit E Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPI.S) ® Len Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete applicati f*,�L as or o behalf of the Property Owner(s); and the A . tic! +} s Signature Owner or Agent's Signature DE iseAAI, 14, LAY-rcrs Owner or Agent's Printed Name Office Use Only: Date Received: 7 / 1 Rezoning Fee: + PUD Fee Euge uthorized to initiate this rezoning urate, e C. Urban, — Urban Engineering Applicant's Printed Name Received By: 4/101f k ADP: Nt/ + Sign Fee = Total Fee No. Signs Required @ 510/sign Sign Posting Date: K JEVELOPMENTSVCSiSNARF01LANDDEVELOPMENTIAPPLIv'ATI:NFORM51RQoNING'ZDNIN3APWJCATION2016DOC Form Revised 611212015 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. The owner is requesting a change of zoning from FR to CG -2 which is consistent with the Future Land Use map. The proposed use is for an auto dealership. The dealership will take up the North 6.0+1- acres, leaving the remainder undeveloped at this time. The building will be approximately 36,500 square feet with a future expansion of approximately 19,900 square feet. There will be approximately 436 total parking spaces. 2. Identify the existing land uses adjoining the area of request: North - Auto Dealership (Zoned CG -2) South - Vacant - Outside City Limits (OCL) East - Agricultural (Zoned FR) west _ U.S. Highway 69 (Zoned FR) C1IJSERSITANYAR.0001DESKTOP4DA1LY USEWNNIKAILAND 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: CAH -DHL Properties, LLC STREET: 218 Lorraine Drive CITY: Corpus Christi, Texas FIRM is:°Corporation °Partnership °Sole Owner ©Association °Other ZIP: 78411 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 (d known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 Board, Commission, or Committee 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 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. Charles A. Hicks Certifying Person: (Print Name) Signature of Certifying Person: (ILL OA Title: manager Date: 7 ' 16-I, 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: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas ZIP: 78404 FIRM is:0Corporation Partnership ()Sole Owner ()Association ° Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" 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 N/A Consultant 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: Eugene C. Ur n, Jr. (Print Name) Signature of Certifying Person:O K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\.AP (CATION FORMS\REZON • = LOSURE OF INTERESTS STATEMENT_5.12.2015.00C Title: authorized agent Date: 1. Z Z 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 auesfion must be answered. If the question is not applicable, answer with "NA". NAME: CAH -DHL Properties, LLC STREET: 218 Lorraine Drive CITY: Corpus Christi, Texas FIRM is: O Corporation O Partnership O Sole Owner O Association O Other ZIP: 78411 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 Title 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 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 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: Deborah H. Layton Title: manager (Print Name) Signature of Certifying Person: Date: �1~' • '7 f (i 4 /if' KflVF1f1PAAFMrcwmncu. nrr... ..�.. .... ��......_.._ Exhibit A 15.23 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 39320.B5.04 July 9, 2015 Fieldnotes for a 15.23 Acre Tract of Land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 Acre Tract, described in a Deed from Gulf Coast Entertainment, LLC to Deluxe Properties, as recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, said 15.23 Acre Tract being more fully described as follows: Commencing, at the Southwest comer of Lot 1, Block 1, M.E.R. Subdivision, a Map of which is recorded in Volume 67, Page 25, of the Map Records of Nueces County, Texas, on the East Right of Way of US Highway 69, the West line of the said 160.62 Acre Tract, from Whence a 5/8 Inch Iron Rod with a cap stamped "Texas Geotech" Found, Bears South 27°2311" East, 0.25 Feet; Thence, South 09'15'47" West, with the common line of the said East Right of Way, the said 160.62 Acre tract, 60.00 feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR. C.C.T.X." Set, for the Point of Beginning and the Northwest corner of this Tract; Thence, South 80'44'13" East, 614.38 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR. C.C.T.X." Set, for the Northeast comer of this Tract, from Whence, a PK Nail Found, for the Southeast corner of the said Lot 1, Bears North 09°22'52" East, 59.87 Feet, Thence, South 09'15'47" West, at 365.33 Feet pass a 5/8 Inch Iron Found with a cap stamped "Texas Geotech", in all 1026.75 Feet, to a 5/8 Inch Iron Rod Set with a cap stamped "URBAN ENG C.C.TX.", on the North line of Lot 1, Block 1, Hominick Acres, a Map of which is recorded in Volume 44, Page 197, of the said Map Records, the South line of the said 160.62 Acre Tract, for the Southeast corner of this Tract, from Whence, a 5/8 Inch Iron Found, on the South line of the said 160.62 Acre Tract, for the Northeast corner of the said Hominick Acres, bears North 89°26'20" East, 242.93 Feet, a Type II TXDOT Monument Found on the South line of said 160.62 Acre Tract, for an outer ell corner of a 100 Foot wide drainage easement recorded in Document Number 2004037121, of the Official Public Records of Nueces County, Texas bears, North 89°26'20" East, 2741.66 Feet; S:LSurveying1393201135041OFFICEIMETES AND BOUNDSu9320B504_i 5.23Acres 20150709,docx Page 1 012 (361)854-3101 2725 SWANTNER DR.. CORPUS CHRISTI, TEXAS 78404 www.urbanena.com TBPE, Firm # 145 TBPLS Firm # 10032400 FAX (361)854-6001 Thence, South 89°26'20" West, with the Common line of the said Lot 1, Block 1, Hominick Acres and the said 160.62 Acre Tract, at 74.3 feet, pass the Northeast corner of a 11.43 Acres out of the Mrs. Hermine Albert 153.69 Acre Tract, a Deed of which is recorded in Volume 2054, Pages 899-902, of the Deed Records of Nueces County, Texas, the Northwest corner of the said Lot 1, Block 1, Hominick Acres, continue with the common line of the said 11.43 acre tract and the said 160.62 Acre tract, in all, 623.53 Feet, to a 5/8 Inch Iron Rod Set with a cap stamped "URBAN ENG C.C.TX.", on the said East Right of Way, for the Southwest comer of the said 160.62 Acre tract and this Tract, from Whence, a 5/8 Inch Iron Found, on the South line of the said 11.43 acre tract, Bears, South 09°20'04" West, 771.75 Feet; Thence, North 09°15'47" East, with the Common line of said East Right of Way and the said 160.62 Acre tract, at 767.61 feet pass, a 5/8 Inch Iron Found with a cap stamped "Texas Geotech", in all 1133.14 Feet, to the Point of Beginning, containing 15.23 Acres (663501 Sq. Ft) of Land, more or less. Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnote 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 described herein. URB4N ENGINEERING itib L James D. Carr, R.P.L.S. License No. 6458 5.15urveying1393201B50010FFICEIMETEs AND BOUNDS k39320B500_16.OS Acres_20150129 revised 20150204.docx Page 2 oft (361)854-3101 2725 SWANTNER DR.. CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbanene.com TBPE, Firm # 145 • TBPLS Firm # 10032400 52723'11"E 0.25' POB Point of Commencement Point of !! Beginning l. 1 r°"gy_,►y o rE, GTJ vol Owner Doc Lot r slack M.E.R. Sub:f1 1q'Q Acr 67 Pq 25, aisi" �.nr.c.r. Cerpo�oo�or Creat 0.P R T N07184 M 3 1! 15.23 Acres 683501 Sq. ,'t out of remainder of a 160.62 Acre Tract Doc. No. 2002040593 0.P.R.N.C.T. Owner. Deluxe Properties 22' Easement Doe. No. 2003051984 0.P.R.N.C.T. 100' Wide Drainogqe Easement Doe. No. 2004037721 0.P.R.N.C.T. • w :Cfl0 O v oto 0 • S89'26'20'W 623.53' 11.43 Acres out of the Mrs. Hermine Albert 153.69 Acre Tract Vol. 2054, Pgs. 899-902 D.R.N.C.T. Owner: Albert Herbert Doc. No. 2009009446 0.P.R.N.C.T. 1 1 r 1 1 1 eg N Remainder of 160.62 Acre Tract Nueces County, Texas • 12 ;;) 242.93' I - ir— o Lot 1, Block 1 n `° Hominick Acres =' W '- Vol. 44, Pg. 197, .ico W 4n n io wo P a z o Invertments, Inc. 2 o 'Doc. No. 2011047132 •:S 0.P.R.N.C.T. M.R.N.C.T. P Q Owner: Canales Doc. No. 2002040593 0.P.R.N.C.T. Owner: Deluxe Properties 249 77.1' .� 6) 0`moo° lip f'*14e %NO 01 J40 67 Arr,.t Site County Road 48 Loco ion Map Cit of Corpus Christi Leaend O 5/8 Iron Rod En g. C.Gi OO Type II TXDOT Monument Found • 5/8 Inch Iron Rod Found O 5/8 Inch Iron Rod Found "Geotecl- X PK Nail Found Exhibit B Sketch to Accompany Fieldnotes for A 15.23 Acre Tract, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 Acre Tract, described in a Deed from Gulf Coast Entertainment, LLC to Deluxe Properties, as recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas. UBAN ENGINEERING 7715 S.othw 2, a., iw Mast 12' MOP 11Pi flim Ah Id EiltS f r, Ms l X. 3 AOC (X 1) 01-J7a? ia.0 (XV .654-, DATE: July 9, 2015 SCALE: 1 =200 JOB NO.: 39320.B5.04 SHEET: 1 of 1 DRAWN BY: XG =�11�:1/411/to,Frost Post Office drawer 749 Corpus Christi, Texas 78403-0749 Consent to Platting and Zoning July 10, 2015 To Whom It May Concern: Frost Bank (Lien Holder) is aware of, and consents to the submittal of a zoning and plat application to the City of Corpus Christi, by Urban Engineering for the property owned by CAH -DHL Properties, LLC. The property Tax I.D. no. is 2385-0060-0101 and Is described as a 15.23 acres out of the Gregorio Farias Grant, Abstract 592, in Warranty Deed recorded in Document No. 2015008171, O.P.R.N.C.T. Frost Bank further consents to the submittal of any additional documents necessary for the completion of the platting and zoning effort associated with the subject property. By: Alan R. Wilson, Market President Frost Sank is a subsidiary of Cullen/Frost Bankers, Inc NYSE Symbol CFR, a Texas Financial services company offering banking, investments and insurance Aerial Overview Vicinity Map EM 44 AaNE5 • - I -I thS- Aerial f ra SUBJECT PROPERTY AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 13, 2015 Second Reading for the City Council Meeting of October 20, 2015 DATE: August 27, 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 5105 Up River Road CAPTION: Case No. 0815-05 Vincent Gerard and Associates: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a cell tower of 125 feet in height. The property to be rezoned is described as being Lot 1, Block 3B, Kaler Addition, located along the south side of Up River Road between Savage Lane and North Navigation Boulevard. PURPOSE: The purpose of this item is to rezone property to allow a 125 foot cell tower. RECOMMENDATION: Planning Commission and Staff Recommendation (August 26, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a cell tower of 125 feet in height with the following conditions: 1. Use — The only use permitted under this special Permit, other than those permitted by right in the "IL" Light Industrial District, is the wireless telecommunication facility of 125 feet in height. 2. Access and Placement — Access and placement shall be as per the site plan and as approved by the Board of Adjustment. 3. Time Limit — This special Permit shall expire in one (1) year if applicable construction permits are not applied for. 4. Setbacks — Required setbacks shall be as per the UDC and as per Board of Adjustment approval. 5. Other Requirements — The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code requirements. BACKGROUND AND FINDINGS: • The request for rezoning is consistent with the Westside Area Development Plan and the Future Land Use Map. • Cell towers are regulated by UDC Section 5.5 • Cell towers in excess of 85 feet may be permitted with a Special Permit. • The Board of Adjustment approved a variance on August 26, 2015 to allow a setback of 162 feet from a residential use in lieu of the setback required by UDC (a setback of 187.5 feet). The tower as proposed conforms to all other requirements, standards and specifications set forth in the UDC. • The proposed wireless telecommunication facility will increase capacity in an area where it is needed to prevent a degradation of services and will increase coverage in areas that are currently underserved. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit is consistent with the adopted Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital iu: 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: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Vincent Gerard and Associates on behalf of Darlene Lee ("Owner") by changing the UDC Zoning Map in reference Lot 1, Block 3B, Kaler Addition from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; 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 Vincent Gerard and Associates on behalf of Darlene Lee ("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 26, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "IL/SP" Light Industrial District with a Special Permit, and on Tuesday, September 29, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 26, 2015, during a meeting of the Board of Adjustment when the Board of Adjustment approved a requested variance to reduce the required 1.5 times the height setback for a cell tower (187.5 feet to 162 feet) from a residential use; 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 Vincent Gerard and Associates on behalf of Darlene Lee ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of Lot 1, Block 3B, Kaler Addition, located along the south side of Up River Road between Savage Lane and North Navigation Boulevard (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit (Zoning Map No. 050046), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a location map of the Property and Exhibit "B", which is a Site Plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner complying with the following conditions in addition to the minimum UDC requirements for the "IL" Light Industrial District. 1. Use — The only use permitted under this special Permit, other than those permitted by right in the "IL" Light Industrial District, is the wireless telecommunication facility of 125 feet in height. 2. Access and Placement — Access and placement shall be as per the site plan and as approved by the Board of Adjustment. 3. Time Limit — This special Permit shall expire in one (1) year if applicable construction permits are not applied for. 4. Setbacks — Required setbacks shall be as per the UDC and as per Board of Adjustment approval. 5. Other Requirements — The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code requirements. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. 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 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. 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 7. Publication shall be made in the City's official publication as required by the City's Charter. 0815-05 Ordinance - Vincent Gerard and Associates Page 2 of 3 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 0815-05 Ordinance - Vincent Gerard and Associates Page 3 of 3 SUBJECT PROPERTY AGNE. LOCATION MAP City of Corpus Christi CASE: 0815-05 SUBJECT PROPERTY WITH ZONING Subject Property 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 Exhibit A R t �o-kt .: t1 r yeas, � � it�•11ott�CrrnoNi � ., ~`-=�.,m„tU pt. 1 loot1 Wa 1 tI r r / 1 Cd SCALE r = twin PLANNING COMMISSION FINAL REPORT Case No. 0815-05 HTE No. 15-10000029 Planning Commission Hearing Date: August 26, 2015 Applicant/Representative: Vincent Gerard and Associates, Inc. Owner: Darlene Lee Legal Description/Location: Lot 1, Block 3B. Kaler Addition. located along the south side of Up River Road between Savage Lane and North Navigation Boulevard. a) 0 C 3 c c N Ce From: "IL Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit Area: 1.73 acres Purpose of Request: To allow for the installation of a 125 foot cell tower. Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Ught Industrial Light Industrial North Outside City Limits Heavy Industrial Heavy Industrial South °IL" Light Industrial Ught Industrial Light Industrial East "IL" Light Industrial Commercial Light Industrial West "IL" tight Industrial Low Density Residential and Vacant Ught Industrial od 0. c 0- o O 5 a Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit is consistent with the adopted Future Land Use Plan. Map No.: 050046 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Up River Road, which is designated as a "C1' Minor Residential Collector as per the Urban Transportation Plan. Planning Commission Final Report Page 2 Street R.O.W. StreetTransportation Urban Plan Type Proposed Section Existing Section Traffic Volume (2013) Up River Road "01" Minor Residential Collector 60' ROW 40' paved 57' ROW 18' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit to allow for the installation of a 125 foot cell tower. Development Plan: The proposed rezoning is in the Westside area. The applicant is proposing a 125 foot cell tower in the southeastern corner of the subject property. Existing Land Uses & Zoning: South, east, and west of the subject property is zoned "IL" Light Industrial and consists of an industrial business, a restaurant, and a single- family residence. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit is consistent with the adopted Future Land Use Plan. Unified Development Code (UDC): Wireless Telecommunication facilities are subject to regulation as follows: • Wireless Telecommunication facilities are regulated by UDC Section 5.5. • Wireless Telecommunication facilities in excess of 85' are permitted in nonresidential zoning districts as indicated in UDC Table 5.5.4.F. with a Special Permit. UDC Review Special Permit Review Criteria The proposed rezoning meets the UDC's special Permit review criteria for approval of the rezoning to "IL/SP" Light Industrial District with a Special Permit. Applicable review criteria are as follows: 1. The rezoning is consistent with the Comprehensive Plan. 2. The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. 3. The property being rezoned is suited for the uses permitted by the requested district. 4. The rezoning does not have a negative impact upon the surrounding area. Planning Commission Final Report Page 3 Department Comments: • An associated Zoning Board of Adjustment (ZBA) case was processed concurrent with this application for rezoning. The ZBA case was heard on August 26, 2015. o Section 5.5.3.E.6 of the Unified Development Code (UDC) requires that all cell towers be setback one and a half times their height from all residential uses. o In this case, a 187.5 foot setback would be required for a 125 foot cell tower. The proposed location for the tower is 162 feet from a residential use; therefore, a variance was requested and approved by the Board of Adjustment to allow the reduced setback. • The proposed wireless telecommunication facility will increase capacity in an area where it is needed to prevent a degradation of services. • Construction of the wireless telecommunication facility will increase coverage in areas that are currently underserved. • The ZBA approved a variance to reduce the required 1.5 times the height setback for a cell tower (187.5 feet to 162 feet) from a residential use. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit to allow for the installation of a 125 foot cell tower with conditions. 1. Use. The only use permitted under this special Permit, other than those permitted by right in the "IL" Light Industrial District, is the wireless telecommunication facility of 125 feet in height. 2. Access and Placement. Access and placement shall be as per the site plan and as approved by the ZBA. 3. Time Limit. This special Permit shall expire in one (1) year if applicable construction permits are not applied for. 4. Setbacks. Required setbacks shall be as per the UDC and as per ZBA approval. 5. Other Requirements. The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code requirements. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 14 within 200 -foot notification area 6 outside notification area As of Auqust 19, 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\0815-05 Vincent Gerard and Associates\Council Documents \0815-05 CC Report - Vincent Gerard and Associates.docx SUBJECT PROPERTY AGNE. LOCATION MAP City of Corpus Christi CASE: 0815-05 SUBJECT PROPERTY WITH ZONING Subject Property 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 Exhibit A -5 6 zap, • boo ZT OmmP2 5c,t*2� g waw SMA Eao xy §I C 5, m m z m O Q 5 1 n z 0 0 0 Q CGxiix]WNW ! f 1 1 r. I1 11 1 Jr If++r + +Id f r + f 1b + 1 + Irr ;r Ill en / '�'!r #+ sn i/ / / / f+ 1 g',../ /'`' i / / f 1+ lr r i-. / / / / / r1 , /./ -- I / f r 1.'-'74e3 /1/ 1 + 1 't -.1-rt/ i 1 r f : i // I + ' 'r + 1 / / 1 1 1'f—r-___+_L-� U s� 11 t + f Ii 1` , `� 1 + ;fir / / t / \�\ `�� J`I---------- -� // / , 17— n I o$r u 2 2U M O Z cio-I3c- 290)C/) m m 73 Z -11 5 1- •- c-) r 0 Z E 0 Z -Ixv A r p�� --i Nam / , / { ,/ r , . 1 • + -.SA-VAGE LANE _ -'' ,' ar".clwn.ca.�r L — ▪ . SVX31I1SIaH0 SldaOo JO A110 X081VA02JddV m 41. N 0 Ay + } r r 1 1) m 6 z I -al 11 ftle igIll 261 244 Iti 0,1 w al a -R a lzPM InIligX 11X NO1IVWaOdNI a3kIiV0 0 zO 0o cn m. NOIldkIJS30 1V031 a30N163f H 33NIA NOI1VWaOINI.OVINO0 SINV11f1SN00 v ra (N07°41'30"E ru 1; O m WNCEMT GERARD & ASSOCIATES LAND) PLANNING & ZONING CONSULTANTS 1715 CAPITAL OF TEXAS HWI' SOUTH. sTE. zar AUSTIN TEXAS WIC 15121321-2011 whoosmiLlio. m ✓ _ G7 m Siax 'i 1IIdv 0 g NOIIVWaOJNI 3115 In m :3INVN 3118 dVIN ONINOZ 0 E O G) rn A n 10 1 z 3c �r. i 1 ZONING SITE PLAN _ a BUDDY LAWRENCE 5107 UP RIVER ROA CORPUS CHRISTI, TEXAS 78- wireless Exhibit B C z VINCENT GERARD AND ASSOCIATES, INC. Ms. Priscilla Ramirez, BBA Mr. Andrew Dimas, AICP Project Managers City of Corpus Christi Texas 78469-9277 Fed -Ex Delivered May 20, 2015 RE: Proposed Verizon Buddy Lawrence 120' monopole Tower, 5107 #3 Up River Road, Special Permit. Ms. Ramirez/Mr. Dimas: We respectfully request a Special permit to allow the construction of a Wireless Telecommunications facility at the above address. Based on our pre -application meeting on April 20, 2015, the following information is provided in the summary for the application and regulations in Chapter 5.5 of the Corpus Code. Please note that the height of the structure has decreased from 131 to 125'. 5.5.2A — Applications All applications for Special Use permits shall include the following; 1) Site plan & landscape plan drawn to scale; A) A Zoning Site plan is attached for your review. There is an overall site plan at 11' x 17" with the zoning and setback information. Also included is a 8.5 x 11" presentation of the site plan and elevation as requested. A landscape variance may be requested from the ZBA, however the plans currently show the addition of landscaping on the zoning site plan. The site has limited view corridor from the ROW. The site will be constructed with a wood screened fence or vinyl slats inserted in the fence. B) Summary Report & RF Documentation provided in Exhibit A & B. This summary has been expanded as per comments and suggestions with staff. C) Based on the applicable wind load speeds and the outcome of the zoning request, the applicant agrees to design the structural wind loads to meet or exceed the 130 mph sustained wind loads. D & E) The applicant agrees to maintain the general capacity of the tower to assure that the American National Standards Institute/Telecommunication Industry Association/Electronics Industries Association standards are met. Space LAND PLANNING, DEVELOPMENT & ZONING CONSULTANTS 1715 CAPITAL OF TEXAS HWY SOUTH SUITE 207, AUSTIN, TX 78746 (512) 328-2693 VINCENTG ERA RD.COM is available for lease within the site area as shown on the site plan attached and the intent of this applicant will be to provide lease space on the tower and on the ground for other carriers or antenna users. F) Lease Memo is attached for proof of ownership and land lease. Tax information is also included for ownership documents G) Survey and legal description is attached. I) Location of the interconnection for fiber/telco will be detailed during the building permit portion of this site process. No specific Information for this category is available at this time. J) Identification of the existing Citgo Monopole is attached and summarized in the report. If there are any questions regarding this application please contact us at your earliest convenience. Sincerely, Vincent G. Huebinger Vincent Gerard & Associates Inc. May 20, 2015 City of Corpus Christi 2406 Leopard St Corpus Christi, TX 78408 ARCIICOM r, LLC Architects & Engineers 1006 Beckett • San Antonio, TX 78213 • Phone: (210)308-9905 Attn: To Whom It May Concern Ref: Verizon Wireless Buddy Lawrence (LC 177453) 5107 Up River Road Corpus Christi, TX 78407 Please be advised that ArchComm is providing architectural and engineering services for the referenced wireless communication project. The project is being designed to meet the requirements of the 2009 International Building Code and referenced TIA-222-G standard as adopted by the City of Corpus Christi. More specifically, the structures including the tower and tower appurtenances will be designed for a Basic Wind Speed of 130 mph (3 second gust), Exposure C. Thus the tower and appurtenances will ultimately be built to substantially higher wind Ioad standards and will withstand a sustained wind load of 130 mph, which is equal to the highest recorded sustained wind speeds experienced in the City of Corpus Christi. Please call if you have additional questions regarding this matter. Sincerely, ArchComm, LLC Darrell J. Lehmann, P.E. TX License No. 87794 TX Firm Reg. No. F-15659 N3.1.13:41 t P.�.OfrF4�11 47** s* r DARRELLJ. LEHMANN r @1794 ree.1/r�E1..1 `�'• 7Z til •.._., .. 4..r rttt i%u{tzti���~ o/ %* Page 1 of 1 Exhibit A Summary Report and RF Information The Following Information and RF data provided is Proprietary to Verizon Wireless The Buddy Lawrence Search ring was established by Verizon RF Engineering to handle coverage and capacity issues for Corpus Christi, specifically in the Valero and Citgo refinery areas north of IH 37. This site will also help backload the capacity issues for the existing sites "Highway 44, Corpus Downtown & Corpus Christi Port". These sites are over capacity in power loss (RF power) and less than adequate rapid data transfer for the existing Verizon customers. The RF maps indicate the basic LTE coverage, color coded in high service and in building coverage. These plan view coverage maps indicate where the nearest sites are being operated by Verizon. There is a large gap of in building service within this area for coverage and this site was not possible to be located within the search ring issued by Verizon RF. The bar graphs show the capacity issues. The location of this search ring is shown on the search ring exhibit attached to this summary. The ring, or optimal location of a site to serve Verizon's needs, is north of this proposed site location. The real estate team identified two large landowners within the search ring and both were contacted by the real estate team. American Chrome & Chemical Company owns the majority of the property in the north section of the search ring; however Verizon Wireless was not able to obtain environmental regulatory approval on this tract due to the site identified as a Super -fund environmental site (Brownfield). The remaining property owner in the south section of the ring, Valero Refinery, was not interested in leasing to Verizon due to security and access reasons. The Valero location would also pose problems with Environmental regulatory. That led to real estate searches outside the search ring. The process of selection for the 120' monopole would then need to be determined "the best available" within the network of the existing Verizon sites. Those existing sites are shown on the attachment "Verizon sites -Proximity" below. risus esti �•-i HOurr,c:: r .101'Op pt s Cd From those searches, the only existing structure identified as a possible candidate was the existing monopole located at the Citgo Refinery on Up River Road, shown in the middle of the photo below. The real estate team contacted Citgo for a possible land and tower lease and were told that the structure is their private owned communications tower and not available for lease opportunity. This was the only option available. Due to the landowner and tower owner not interested in a long term lease for tower space and ground equipment, this existing tower was no longer a viable option. The real estate team then began to pursue the existing site- Proposed Verizon Buddy Lawrence. We contacted the property owner for the current site and have begun to acquire all regulatory, FAA and environmental approvals for the proposed tower facility with the as per the FCC regulatory requirements. Land Use Summary The current zoning on the site is LI Light Industrial and is used as a commercial roofing company and sheet metal business. The site has an existing caretaker's residence that is part of the industrial operation and owned by Gil Roofing and the landowner. There is also a rental unit in the front of the NW corner of the property. The distance to the residential unit is 162' based on surveyed field books and does not comply with the 1.5x the height of the tower distance. The tract has been platted and also does not meet the 1.5 x the height of the tower separation distance from the public ROW, if Up River road is designated an arterial. The tract has recently been platted and approved by the City as Kaler Addition Lot 1A Block 3B. The plat copy is attached. The adjacent property land use is primarily heavy manufacturing (Refinery), Commercial and industrial with a few scattered residual residential units in the immediate area. A questionable land use adjacent to the proposed structure located on the commercial convenience store tract to the east has a mobile home originally designated as a BBQ place. It is not clear if this mobile home is being used as residential or if it is an accessory use to the commercial store or BBQ outfit. Adjacent Commercial and Mobile home/BBQ outfit. Radio Frequency Summary The Radio Frequency engineer has provided maps and documents depicting existing site locations and coverage areas in the immediate areas. The need for this new site is a combination of capacity problems with adjacent sites and coverage areas within the Refinery area. Within the RF maps are some existing bar graphs for Hwy 44 current operations with future demand lines. Hwy 44 is over capacity and the future trends, shown on the graphs, report slow data, data Ioss & power loss (RF power). The same operating problems are occurring with Corpus Christi Port. The advancement and technological advances of the phones are the major cause of the capacity issues for the carriers. The addition of Buddy Lawrence will provide data and voice relief from both the other sites and coverage to an area that has weak in building coverage. Below are the RF maps for existing signal strength, before the Buddy Lawrence site and after the site is on air. WIRELESS COMMUNICATION FACILITY STATEMENT OF COLLOCATION CAPABILITY Re: Verizon Wireless — 6696 Tri County Pkwy Ste 100 In compliance with the City of Corpus Christi's Zoning Code, the undersigned hereby certifies that the 121' monopole proposed for this location will be structurally capable of supporting additional carriers. In addition, the undersigned further certifies that Verizon Wireless will welcome collocation agreement requests for this site from other carriers at prevailing market terms and conditions. In addition, the undersigned hereby certifies that search attempts were made to find sites in the specified need area in which the possibility of co -locating on an existing tower and/or attaching to an existing structure would be possible. No such structures were found. This installation as designed meets the current FAA standards. Sincerely, /h/7 Emmanuel Cavalcante Engineer for Verizon Wireless April 23, 2015 WIRELESS COMMUNICATION FACILITY STATEMENT OF RADIO FREQUENCY, DESIGN AND NETWORK PERFORMANCE Re: Verizon Wireless -- 6696 Tri County Pkwy Ste 100, Schertz, TX, 78154 The following is a summary, including a description of the tower along with technical reasons for its design and the particular reason why this location was selected. This summary includes the technical performance goals, desired signal strength (proprietary) for Verizon. General assumptions regarding whether additional towers will need to be located within Corpus Christi is not public information and will be determined based on the customer needs and Verizon capacity issues of the existing sites currently on air. All sites are designed and located to provide optimum coverage for Verizon customers. Attached are the radio frequency maps depicting existing and proposed coverage and capacity sites for maximum performance of the network. Summary: The location was selected among a group of candidates in the area, due to it distance from another existing sites. All other candidates were much closer from existing sites, where it would not be optimal usage the network resources. The new site is need in the area to improve the coverage along the nearby segment of the IH -37 and to the north of it as well as to improve capacity of the existing coverage in order to allow us to keep providing our industry-leading standards in quality of service. This installation as designed meets the current FCC standards. April 23, 2015 Emmanuel Cavalcanfc R.F. Engineer for Verizon Wireless Date BUDDY LAWRENCE —NmETE1' LTE RSRP 7C L1 TQ Clr: RSRP (dBm) J >= -63 J >= -73 ■ >= -83 ■ >= -93 J >= -98 J >= -103 J >= -107 J >= -112 _J >= -120 BUDDY LAWRENCE - LTE RSRP (SIGNAL STRENGHT) Current Scenario This map shows the current signal strength on the area. The blue colors represent the stronger and the green the weaker —NmETE1' LTE RSRP 7C L1 TQ Clr: RSRP (dBm) ▪ }_ -63 J }_ -73 ■ >_ -83 ■ >_ -93 ▪ }_ -98 ▪ }_ -103 ▪ >_ -107 J >=-112 J >= -120 BUDDY LAWRENCE - LTE RSRP (SIGNAL STRENGHT) FUTURE SCENARIO This map shows how signal strength is going to be on the area, granted we build the requested tower. TV LTE FL Cil 7CL1 YV Clr: LTE CQI • 914.1 kbps I • 1406.3 kbps J 2261.7 kbps J 3609.4 kbps J 5261.7 kbps • 7054.7 kbps • 8859.4 kbps • 11484.4 kbps • 14437.5 kbps • 16382.8 kbps • 19933.6 kbps • 23414.1 kbps • 27140.6 kbps • 30691.4 kbps • 33328.1 kbps I• .11 111111. BUDDY LAWRENCE - LTE INTERFERENCE CURRENT SCENARIO This map shows the current potential data rate (based on interference from the other antennas) a user could achieve assuming there is no capacity limitations. The red areas have high interference levels (slower potential data rates) and the blue/green have low interference (higher potential data rates). TV LTE FL Cil 7C L1 YV Clr: LTE CQI • 914.1 kbps • 1406.3 kbps J 2261.7 kbps J 3609.4 kbps J 5261.7 kbps • 7054.7 kbps • 8859.4 kbps • 11484.4 kbps • 14437.5 kbps • 16382.8 kbps • 19933.6 kbps • 23414.1 kbps • 27140.6 kbps • 30691.4 kbps • 33328.1 kbps S2oR4CHRISTI PORI EEENv_LAWRENCE .49 1 CORPUS CHRISTI DOMTOM CORPUS CHRISTI !AMIGA I. CORPUS CHRISTI AIRPORT • 3111111111 BUDDY LAWRENCE - LTE INTERFERENCE ALAIIIED FUTURE SCENARIO This map shows the expected potential data rate (based on interference from the other antennas) a user could achieve assuming there is no capacity limitations. The red areas have high interference levels (slower potential data rates) and the blue/green have low interference (higher potential data rates). BUDDY LAWRENCE - BEST SERVER CURRENT SCENARIO Every (or almost) one of our towers have 3 sets of antennas, those sets are called "sectors". This map shows which antenna is providing coverage for a given location. For example, all the area in purple is covered by signal from the antenna facing north of the tower "HWY 44". This map shows current coverage scenario, and the proposed tower for reference only. BUDDY LAWRENCE - BEST SERVER FUTURE SCENARIO It is possible to see in this map, in comparison to previous one, the three Sectors of the proposed site are taking over areas currently covered by surrounding antennas, thus offloading their demand for data service. Capacity challenges: Nowadays the usage of data services on mobile phones, specially smartphones, have been increasing rapidly. To follow this increasing demand, new cell sites (the towers and its antennas) need to be built. The main objective of the proposed tower is to increase the capacity of our network in an area where the current sites have reached or will reach in the near future its capacity limits and the users could perceive degradation of the service provided. Secondarily, this site will also increase coverage in areas where this coverage is less than good. Capacity challenges: (cont.) In the next pages we are going to see some statistical data and their projection of growth. KPIs (Key Performance Indexes) are statistical data used to measure the usage and load of the network and its limits. For capacity analysis the KPIs are: - PRBU: Physical Resource Block Utilization It measures the percentage of the physical resource (electromagnetic spectrum or frequency bandwidth) being used. The higher the consumption of data from one given sector, the higher will be the usage of the spectrum. - ASEU: Average Eligible Scheduled User The data service on LTE technology is shared between all the users connected and requesting data (web browsing, email, video, chat, voice, etc...) in any given moment. If more users are trying to use it at the same time, they will be scheduled in a queue. The busier the queue, the lower the overall data rate. Capacity challenges: (cont.) - FDV: Forward Data Volume (MByte). It shows how much total data is being consumed by all users served by one sector. - AvgAC: Average Active Connections. It shows how many users are connected simultaneously to one sector. The more people using the service at the same time, the slower the data rates for all the users it will be. Note that if any of the KPIs reaches its limit, for the service to be degraded below the service quality standards. 7 u- 0 D a_ m 10000 8000 6000 ENODEB: 140355-1-1 s- 4000 - 2000 - d- 411/2014 1011/2014 411{2015 1011(2015 711/2014 111/2015 711/2015 120- 100 IIIIjj IIII �"�l 8d- ++ � YID �Y�iu I.I..I� �l,P 40- 20- . 0-20- 1 1 � 411/2014 10/1/2014 41112015 101112015 711/2014 111/2015 711/2015 Red line: Capacity limit Green/blue: daily values averaged daily values statistical projection of growth HWY 44 - ALPHA w 6- 4- 2 11,111.11111ilk, 0- -2-- 4M2014 - -2-411/2014 1011/2014 411/2015 1011/2015 7/1/2014 111/2015 711/2015 250 - 200 - 150- 100- 54-i IIIl1�lf��11ll �IJIi��I li4illl111 rrhl��1� M1��1# munilliu 1 1 0— i i i 4!1/2414 14/1/2414 411/2015 1011/2015 711/2014 111/2015 711/2015 As we see (highlighted in light blue) this sector has reached his limits in two KPIs and will reach on a third before the end of the year. 1— - ENODEB: 140517-1-1 5- o- 0— 4- 3 wi 2 .r i [ 1 iiii :::---- If' ._i ---- ...".. n,111l4.l�1: I.,wri,uI1J1u J A -1 _1 - 41112014 1011/2014 4/1/2015 10/112015 711/2014 1/1/2015 7/1/2015 250 200 - (7 150- 100- 50 - 8000- 000- 6000- 6000- 4000- u_ 4000 -u_ 2000- 0- 411/2014 10/1/2014 411/2015 101112015 711/2014 111/2015 711/2015 120- 100 00- 6 40-11j`1 !/1"11111114)1101111 leirl°11111$1111A' )111 Y 20- A.h J 0! '4M...JiALi.AMn,10.- I L IPP n_"ni��'l�l.�n" 1.� Yll11l1, lm1ur.r.",, p r111 r� l'Wr�4tu 1"." 1 l 0— 1 1 1 0— 1 1 1 1 I 411/2014 10/1/2014 411/2015 1011/2015 411/2014 10/1/2014 411/2015 1011/2015 711/2014 111/2015 71112015 71112014 111/2015 711/2015 Red line: Capacity limit Green/blue: daily values averaged daily values statistical projection of growth CORPUS CHRISTI DOWNTOWN - ALPHA As we see here, FDV and ASEU are approaching their limits 12000 — 10000 — 8000 — 6000 — 4000— ENODEB: 140345-3-1 4- 3- 2 2000—t11 01,114e#r ill' V uJ w 1 0 0— 1 1 1 1 -1 4/1/2014 10/1/2014 4/112015 10/1/2015 4/112014 10/1/2014 4/1/2015 10/1/2015 7/1/2014 1/1/2015 7/1/2015 7/1/2014 1/1/2015 711/2015 . V N.1lu l j��i� s? I •L 120— 250 100 80—Li D co 60— a_ 40- 20— .Jii1141,41i01411, ilf11011001.11Crfr 0 — 4/1/2014 7/1/2014 10/1/2014 4/1/2015 1/1/2015 7/1/2015 200 150 -4-- L) 100— 50— xy`rY l'Y•lr lul uTrlj r�Y y1�i�TiY IY477 VTyxfdiP If 0 — 1 50 1 1 1 1 10/1/2015 4/1/2014 10/1/2014 4/1/2015 10/1/2015 7/1/2014 1/1/2015 7/1/2015 CORPUS CHRISTI PORT - GAMMA We see FDV has already been over the limit and ASEU will reach it soon. Aerial Overview AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 13, 2015 Second Reading for the City Council Meeting of October 20, 2015 DATE: September 23, 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 14721 Running Light Drive. CAPTION: Case No. 0915-04 Padre Coastal Homes, LLC: A change of zoning from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay, not resulting in a change to the Future Land Use Map. The property is described as Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, located on the south side of Running Light Drive. PURPOSE: The purpose of this item is to rezone the property to allow the construction of a 6 -unit townhouse development that deviates from the typical townhouse development standards. RECOMMENDATION: Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS-6/IO" Single Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay, subject to the following ten conditions: 1.) Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of six (6) townhouse units and common area amenities and shall be constructed in one phase. The Planned Unit Development on the Property would allow for individually owned, daily rental townhomes. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed six (6) dwelling units. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The Property must have a minimum of 18 standard parking spaces. Parking is prohibited along the private -street and pedestrian walkways. 5.) Setbacks and Lot Width: The minimum front yard setback for each lot shall be ten (10) feet. The minimum rear yard setbacks for all lots shall be five feet. The minimum building separation between unattached townhouse units shall be 10 feet. A minimum ten -foot wide yard setback is required along a street. The minimum side yard setback is five (5) feet. The minimum width for townhouse lots shall be 15 feet. 6.) Open Space: The Property must maintain a minimum of 44% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 24 feet. The private streets shall be marked to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street connecting to the public street. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-6/IO" Single Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay. Planned Unit Developments (PUDs) allow for reasonable deviations from required development standards and allow increased flexibility in project design. This PUD utilizes decreased lot sizes, lot widths, open space, sidewalk width, and street width and non-traditional street construction standards, while maintaining the required site area, building height, and building separation. The proposed PUD is consistent with the Comprehensive Plan, is compatible with the surrounding developments, and would not have a negative impact on surrounding properties. The subject property is also suited for the proposed project. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and is consistent with the adopted Future Land Use Map, which slates the property for a tourist use. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 111p 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 BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Padre Coastal Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay; 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 Padre Coastal Homes, LLC ("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, September 9, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay and approved the plat, and on Tuesday, October 13, 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 by Padre Coastal Homes, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, located on the south side of Running Light Drive (the "Property"), from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay (Zoning Map No. 028026), as shown in Exhibits "A" and "B", and Exhibit "C". Exhibit A, which is a map of the Property, Exhibit B, which is a Development Plan of the Property, and Exhibit C, which is a Plat of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following ten conditions: 1.) Master Site Plan: The Owner shall develop the Property in accordance with the Development Plan as shown in Exhibit B. The development of the Property is to consist of six (6) townhouse units and common area amenities and shall be constructed in one phase. The Planned Unit Development on the Property would allow for individually owned, daily rental townhomes. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed six (6) dwelling units. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The Property must have a minimum of 18 standard parking spaces. Parking is prohibited along the private -street and pedestrian walkways. 5.) Setbacks and Lot Width: The minimum front yard setback for each lot shall be ten (10) feet. The minimum rear yard setbacks for all lots shall be five feet. The minimum building separation between unattached townhouse units shall be 10 feet. A minimum ten -foot wide yard setback is required along a street. The minimum side yard setback is five (5) feet. The minimum width for townhouse lots shall be 15 feet. 6.) Open Space: The Property must maintain a minimum of 44% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 24 feet. The private streets shall be marked to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street connecting to the public street. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. 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 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. 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 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 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_ PUD -0915-04 Padre Coastal Homes, LLC Page 3 of 3 CR -2 !0 SUBJECT PROPERTY CR -2 O Date Cre,,,8/17/2015 Pre$ared By: J remyM Departme of Development Service / r i CASE: 0915-04 SUBJECT PROPERTY WITH ZONING Subject Property 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 WHITECAP LOCATION MAP d'%* QP SUBJECT PROPERTY City of Corpus Christi Exhibit "A" Planned Unit Development for: nisi 01 NEI Corpus Christi, Texas Willie Mandel [Owner] Submitted By: Naismith Engineering, Inc. 4501 Gollihar Road Corpus Christi, TX 78411 TBPE F-355 Engineer: Craig B. Thompson, P.E. Naismith Eng i neeri ng,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL■ SURVEYING 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT "B" Table of Contents Location Map General Info Adjacent Zoning Property Description Deviations Table Development Guidelines Lot Layout Open Space Layout Vehicular / Pedestrian Access Preliminary Plat 1 Anegada Village Site Plan Location Map 2 3 3 4 5 5 6 7 8 9 10 naismith engine . rL.... J _...L J I r... ..L.. _......., i.'i.i �_.. CO1C EXHIBIT "B" General Info Adjacent Zoning The Planned Unit Development (PUD) for Running Light PUD consists of a Re -Plat of Lots 6 & 7, of Block 3, Padre Island -Section E. This development will be non -gated with attached single-family units. 6 units in Running Light will be Single Family Residential Units, 1 Common Area lot & 1 Private Access & Utility Easement lot. The property sits on 0.58 acres of vacant land and is currently zoned RS -6/I0. The Future Land Use plan designates this area as Tourist'. A PUD on this property allows for the development of individually owned, daily rental townhomes to service the growing tourist needs on Padre Island. These units, which would not otherwise be buildable under existing City requirements, will help satisfy the 'Tourist' designation for Padre Island on the Future Land Use plan. This area has multiple existing zoning designations. However, the properties directly adjacent to Running Light PUD are zoned RS -6/I0 naismith engine .: I:,I.I CO1C EXHIBIT "B" Property Description Running Light P00 sits on a 0.58 acre tract of land near the end of Running Light Drive. Existing zoning on the property is RS -6 with a future land use designation of 'Tourist'. This portion of land is also located in Zone A13 (EL 9) per the Flood Insurance Rate Map. This Planned Development fits within the existing characteristics of the surrounding properties and will fit with the culture of Padre Island. EXHIBIT "B" Deviations Table 1 Running Light Development Guidelines 1 Running Light Description Zong / Platting Ordinance Requirement (RS-TH) Running Light PUD Min. Site Area (SF) 20,000 25,264 Min. Area per Dwelling Unit (SF) Front Access 2,600 1,753 Rear Access 2,200 n/a Shared Parking 1,600 n/a Min. Dwelling Unit Width (FT) Front Access 26 15 Rear Access 22 n/a Shared Parking 16 n/a Min. Yards (FT) Street Street (corner) 10 10 10 10 Side (single) Side (total) 0 0 0 0 Rear 5 5 Min. Building Separation (FT) 10 10 Min. Open Space 30 % 30% Max. Height (FT) 45 45 Curb Type 6" Curb & Gutter 2' Ribbon Curb: See Exhibit 6 - Page 8 Parking Requirement 2.2 / unit 2.0 / unit + 6 guest (18 total) Sidewalks 6' on One Side of Road 6' on One Side of Road naismith engineering, inc. • plai._.ai-_ �h i!!_UI_ u.�_.l _4.r�.i►.► lil.l j_..� aotc Residential Lots: Block 1, Lots 1-6 1. Lot Size: 2. Lot Width: 3. Front Yard Requirement: 4. Rear Yard Requirement: 5. Side Yard Requirement: 6. Maintenance: 7. Building Spacing: 8. Building Height: 9. Parking Requirement: 10. Usage: 11. Improvements: Minimum Maximum Minimum Maximum 1,753 sf 3,276 sf 15 Feet 36 Feet 10 feet Minimum 5 feet Minimum Zero Lot Line Lot owner and/or Home Owners Association (HOA) 10' Maximum - 2 Stories, 45' vertical distance above finished grade to the highest point between the plate line and the ridge of a gable or hip roof. 2.0 Per Lot + 1 Guest Space Per Lot with a total of 18 Spaces Provided. See Parking Plan on Page 8. Single Family Residential / Short Term Rentals less than 30 days Structure, decks, porches, etc. shall not portrude beyond the Yard, Easement or Property Line (whichever is applicable). Rear Yard Patios to be constructed with Pervious Material. Private Access and Utility Easement: Block 1, Lots 7 1. Maintenance: 2. Parking Requirement: 3. Usage: Home Owners Association (HOA) Parking allowed in Designated Areas only. Parking Spaces to be clearly marked. No Parking allowed on Mandel Drive. Areas supporting the community: Vehicular Access Drive, Pedestrian Access, Walkways, etc. Common Area: Block 1, Lot 8 1. Lot Size: 2. Front Yard Requirement: 3. Rear Yard Requirement: 4. Side Yard Requirement: 5. Maintenance: 6. Building Spacing: 7. Building Height: 8. Building Note 1: 9. Building Note 2: 10. Parking Requirement: 11. Usage: 12. Improvements: 7,582 SF 10 feet Minimum 5 feet Minimum 5 feet Minimum Home Owners Association (HOA) 10' Maximum - 1 Stories Architectural style of non-residential community structures must match style of residential structures. Building separation of non-residential structures will be subject to the 2009 International Building Code and may require increased spacing or increased fire protection. No parking allowed in Common Area, Lot 8 Non -Residential Structures supporting the community. Structure, decks, porches, etc. shall not portrude beyond the Yard, Easement or Property Line (whichever is applicable). EXHIBIT "B" Lot Layout 1 Running Light Note Landscaping and Irrigation will be provided in this subdivision. Legend 4 0 Parking I See sheet 8 for Layout Mandel Drive Sidewalk Pedestrian Access to Common Area naismith engineering, inc. ■ plai.....J ...1 J ..... 1. ._ 1 . 11 I l _.. RO1C EXHIBIT "B" Open Space Layout 1 Running Light Open Space Calculation Total Open Space Required: Total Area: Total Open Space Provided: Total Open Space: 30% 25,408 sf 11,319 sf 44% Notes: 1. Rear Yard Patios to be constructed with Pervious Materials naismith engineering, inc. • plai._._ 1-_...1...1 I �.� Ii,I1101.0 EXHIBIT "B" Vehicular / Pedestrian Access 1 Running Light Parking Requirements 1 Running Light Vehicular and Pedestrian access will be provided with a single 24' back of curb to back of curb Two -Way Private Access Drive named 'Mandel Drive'. Mandel Drive will provide access to single family Tots 1-6 and common area lot 8. It will be a dead-end private street less than 150' in length perpindicular to Running Light Drive and will not require a turn -around for emergency vehicles. This will be a non -gated community. Pedestrian access will be within a designated 6' wide sidewalk adjacent to Mandel Drive. Typical Ribbon Curb 1 Running Light ROADWAY WIDTH 1/2" BATTER (OPTIONAL) 1 /471 SLOPE 3.000 PSI CONCRETE. #4 REBAR AND DOWEL LOCATION. (TYPICAL) (SEE CURS EXPANSION JOINT DOWEL DETAIL BELOW) RIBBON CURB Typical Cross Section I Running Light Access & Utility Parking 24' Private Drive naismith engineering, inc. • pla .....J ....1 J 1.... l . _ 1 . 11 1 l J... IO!& 8 Preliminary Plat 1 Running Light Or 876° 53, 09„E 101.64 `g CO O AO. O 0 8 COMMON AREA 7582 s! 0 20 40 LEO 1'. 20'-0" 101.6 0 PLAT OF RUNNING LIGHT P.U.D. BEING A REPLAT OF LOTS 6 & 7, BLOCK 3, PADRE ISLAND -CORPUS CHRISTI SECTION E, A MAP OF WHICH IS RECORDED IN VOLUME 38, PAGES 25-26, MAP RECORDS OF NUECES COUNTY, TEXAS AND CONTAINING .58 ACRE OF LAND NOTES: 1. TOTAL PLATTED AREA CONTAINS 0.58 ACRES OF LAND, INCLUDING PRIVATE STREETS. 2. COMMON AREA = 11,736 SF 3. PER FLOOD INSURANCE RATE MAP. MAP INDEX COMMUNITY -PANEL NUMBER 485494 0705 D. MAP REVISED MAY 4, 1992, THE SUBJECT PROPERTY IS LOCATED IN ZONE A13 (EL 9). DEFINED AS AREAS OF 100 -YEAR FLOOD; BASE FLOOD ELEVATION DETERMINED. 4. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD83). ELEVATIONS ARE BASED ON NGVD29. 5. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF-WAY THAT MAY IMPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN WITH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. 8. VEHICULAR / DRIVEWAY ACCESS ONTO RUNNING LIGHT DRIVE PROHIBITED FROM BLOCK 1, LOT#1. 7. BLOCK 1. LOT #7 & 8 - COMMON AREA WILL BE MAINTAINED BY HOME OWNERS ASSOCIATION. 8. BLOCK 1, LOT #7 - NON BUILDABLE LOT; PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 9. ALL ROADS, SIDEWALKS. STREET LIGHTING AND SANITARY SEWER LINES WILL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 10. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION. 11. THE YARD REQUIREMENT, AS DEPICTED, ISA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 12. RECEIVING WATERS: THE RECEIVING WATERS FOR THE STORMWATER RUNOFF FOR THIS PROJECT IS THE LAGUNA MADRE. THE T.C.E.Q. HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS 'EXCEPTIONAL" AND "OYSTER WATERS'. THE T.C.E.Q. ALSO CATEGORIZED THE LAGUNA MADRE AS "CONTACT RECREATION'. Curve Table Curve # Length Radius Chord Direction Chord Length C1 27.82 20.00 S63° 15' 38'W 25.63 C2 13.91 10.00 N63' 15' 38'E 12.82 Parcel Line Table Line # Length araC -00n L1 19.23 N13° 06' 51.46"E L2 33.54 S76° 53' 08.54"E L3 15.00 S13° 06' 51.46"W L4 15.00 S13'06' 51.46"W L5 6.10 576° 53' 08.54'E LEGEND • IRON ROD FOUND 1U BLOCK SYMBOL PROPERTY LINE UTILITY EASEMENT - U.E. YARD REOUIREMENT - Y.R. DRAINAGE EASEMENT - D.E. ROAD CENTERLINE -L ACCESS EASEMENT -EL MR MAP RECORDS ci fig 0.4 ZM CAR 4P, C tf,SE W =04^3 Q)moi'; On£gs8 W W �Pr" W Z 4g ueo 144 Ogg" $14 2 o= 2 naismith engineering, inc. • plal.....J _...1 J_. J .....1.. _.......� 1,11 , EXHIBIT "B" 9 Site Plan 1 Running Light DESCRIPTION -I / g-14 0 ---- - �n - 23°24'25"e 0 I 254.09' CO 1 c 10 �pl 3 LOT g —++u.E tilBLOCK C 0 0 `\ FOR INTERIM REVIEW NOT FOR PERMITTING, CONSTRUCTION, OR BIDDING PURPOSES CRAIG B. THOMPSON, P.E. s w _ o CAR 3 ■ c 'asp rm q 84.¢ "� 7e�S u o p 0 COMMON AREA18 7582 s/ / 1 II 8 f` 32]6 SF O 0 fll Nm I R2.00' L O� is I 2028 SF Cqi N I i_____ 1 15.00' -__ —___ 2090 sf 2 17530f _ 7 2421 s/ ■ Mil 1 Opel r W ts- u=i!z' i!� ;S7 �sCp i _ 0 o 0 a Q p DESCRIPTION LL R�■ ° I o I I 2105 SF 0 r I _mss€ _ • — ___ IL it 'ill. N P 00, -] 1111.254,09' �� , SITE PLAN RUNNING LIGHT P.U.D. CORPUS CHRISTI, NUECES COUNTY, TEXAS • 28 00' • 12.00' 78.00' • 7.00' c,.. 7.00' 18.00' • 11.00' ` I --- _ L1 �� EACCESS AND4UTY EASEMENT-- _COMMONAREA_ L 23°24 25'88 S � 1VE 31' ACCESS AND UTILITY EASEMENT Y BLOCK3, L0T5 10' V.R./U.E. rmvnrenowwn. I- - FOR INTERIM REVIEW NOT FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES CRAIG B. THOMPSON, P.E. /"°.w.`r K'""`°" I "" croup age e _ 0 C1200 SHEET 7 OF 25 TYPICAL PRIVATE STREET SECTION 31'ACCESS AND UTILITY EASEMENT SECTION SCALE N.TS--__--- r. LIC: 89496 DATE: 07/2015 _ _ _ _ p naismith engineering, inc. • pla...,_J _...1 J L r.....1.._......., LLI ROLE EXHIBIT "B" J 2015 - NAISMITH ENGINEERING. INC. - Z:19451 - RUNNING LIGHT PUD110 - PLATTING & ZONINGIPRELIMINARY120150826 - RUNNING LIGHT PRELIMINARY PLAT - P&Z REVISION.DWG STATE OF TEXAS COUNTY OF NUECES PADRE COASTAL HOMES, LLC. does hereby certify that it is the owner of the lands embraced within the boundaries of the foregoing map; the easements shown hereon are hereby dedicated to the public for the installation, operation and maintenance of public utilities. This the day of , 2015. By: Willie Mandel, MEMBER STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me by proven to me to be the person whose signature is made on the foregoing instrument of writing, and he acknowledged to me that he executed the same for the purpose and considerations therein expressed and in the capacity stated. Given under my hand and seal of office, this the day of , 2015. Notary Public P F RUNNING LIGHT PUD BEING A REPEAT OF LOTS 6 & 7, BLOCK 3, PADRE ISLAND -CORPUS CHRISTI SECTION E, A MAP OF WHICH IS RECORDED IN VOLUME 38, PAGES 25-26, MAP RECORDS OF NUECES COUNTY, TEXAS AND CONTAINING .58 ACRE OF LAND LOCAOMAP NOTTITO SNCALE STATE OF TEXAS COUNTY OF NUECES I, Stacey King Mora, Registered Professional Land Surveyor, hereby certify that this survey map was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. Stacey King Mora Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. Date: STATE OF TEXAS COUNTY OF NUECES This plat of RUNNING LIGHT P.U.D., approved by the Department of Development Services of the City of Corpus Christi, Texas, this the day of , 2015. Ratna Pottumuthu, P.E., LEED-AP Development Services Engineer STATE OF TEXAS COUNTY OF NUECES This plat of RUNNING LIGHT P.U.D., approved by the Planning Commission on the behalf of the City of Corpus Christi, Texas, this the day of , 2015. Philip Ramirez, AIA, LEED-AP Daniel M. Grimsbo, P.E., AICP Chairman Secretary STATE OF TEXAS COUNTY OF NUECES I, Kara Sands, Clerk of the County Court in and for said Nueces County, Texas, hereby certify that the foregoing map of the plat of RUNNING LIGHT P.U.D., dated the day of , 2015, with its certificate of authentication was filed for record in my office this the day of , 2015, at o'clock .M. and duly recorded in Volume , Page , Map Records of Nueces County, Texas. Witness my hand and seal of said office in Corpus Christi, Texas, this the day of , 2015. No. Kara Sands Filed for record County Clerk At o'clock .M. Nueces County, Texas , 2015. By: Deputy 0 2 v) a ti ¢1.0 <-- 0 0 z N O 0 V" ;oo z�M ce >' O w .�aC� z W ry WN /1) z°^ W z >j • wCn V) (7^0 =z � m W • o" ZW)0 s �1-co ▪ ^ ZL)F j cA in 1.4 W ra " " oo 0X aF Lo - " J CL 0 l7 • (1) ui 0- ct 0 U w Ln� - z.,Z vr■ u1 O toLP, rnal M E a -J .. 0) CO 1 - psi • 01 ,-4 0O 0 v a a ■ 0) M LL w oa cn '- " CO N r. ^ M m M w co 0.. F RUNNING LIGHT PUD BEING A REPLAT OF LOTS 6 & 7, BLOCK 3, PADRE ISLAND -CORPUS CHRISTI SECTION E. A MAP OF WHICH IS RECORDED IN VOLUME 38, PAGES 25-26, MAP RECORDS OF NUECES COUNTY, TEXAS AND CONTAINING 58 ACRE OF LAND SHEET 4 OF 2 EXHIBIT "0" © 2015 - NAISMITH ENGINEERING, INC. - Z:19451 - RUNNING LIGHT PUD110 - PLATTING & ZONING\PRELIMINARY120150826 - RUNNING LIGHT PRELIMINARY PLAT - P&Z REVISION.DWG 0 7O. 04 '8 S760 1 .64' rn U CO 0 411 h M J Z N O CO. 44-: ec30.0. . / QO042- Qr �s y 10. 5.24' 8 COMMON AREA 7582 sf 0 20 N7a o 40 FEEL 1"=20'-0" 53' o9, 1 4' R 1 Pun 1 F H P. .D. BEING A REPLAT OF LOTS 6 & 7, BLOCK 3, PADRE ISLAND -CORPUS CHRISTI SECTION E, A MAP OF WHICH IS RECORDED IN VOLUME 38, PAGES 25-26, MAP RECORDS OF NUECES COUNTY, TEXAS AND CONTAINING .58 ACRE OF LAND ES 1. TOTAL PLATTED AREA CONTAINS 0.58 ACRES OF LAND, INCLUDING PRIVATE STREETS. 2. COMMON AREA = 11,736 SF 3. PER FLOOD INSURANCE RATE MAP, MAP INDEX COMMUNITY -PANEL NUMBER 485494 0705 D. MAP REVISED MAY 4, 1992, THE SUBJECT PROPERTY IS LOCATED IN ZONE A13 (EL 9). DEFINED AS AREAS OF 100 -YEAR FLOOD; BASE FLOOD ELEVATION DETERMINED. 4. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD83). ELEVATIONS ARE BASED ON NGVD29. 5. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF-WAY THAT MAY IMPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN WITH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. 6. VEHICULAR / DRIVEWAY ACCESS ONTO RUNNING LIGHT DRIVE PROHIBITED FROM BLOCK 1, LOT #1. 7. BLOCK 1. LOT #7 & 8 - COMMON AREA WILL BE MAINTAINED BY HOME OWNERS ASSOCIATION. 8. BLOCK 1, LOT #7 - NON BUILDABLE LOT: PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 9. ALL ROADS, SIDEWALKS, STREET LIGHTING AND SANITARY SEWER LINES WILL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 10. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION. 11. THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 12. RECEIVING WATERS: THE RECEIVING WATERS FOR THE STORMWATER RUNOFF FOR THIS PROJECT IS THE LAGUNA MADRE. THE T.C.E.Q. HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS". THE T.C.E.Q. ALSO CATEGORIZED THE LAGUNA MADRE AS "CONTACT RECREATION". Curve Table Curve # Length Radius Chord Direction Chord Length 01 27.82 20.00 S63° 15' 38"W 25.63 C2 13.91 10.00 N63° 15' 38"E 12.82 Parcel Line # Line Length Table Direction Ll 19.23 N13° 06' 51.46"E L2 33.54 S76° 53' 08.54"E L3 15.00 S13° 06' 51.46"W L4 15.00 S13° 06' 51.46"W L5 6.10 S76° 53' 08.54"E LEGEND • IRON ROD FOUND 0 BLOCK SYMBOL PROPERTY LINE UTILITY EASEMENT - U.E. YARD REQUIREMENT - Y.R. DRAINAGE EASEMENT - D.E. ROAD CENTERLINE - ACCESS EASEMENT - A.E. MAP RECORDS M.R. EXHIBIT "0" O Q y u Q E 2 } W w O Q I - w � O o2 0. o tf)- z N M tt 0 W 1 z C 0 0 F RUNNING LIGHT PUD BEING A REPLAT OF LOTS 6 & 7, BLOCK 3, PADRE ISLAND -CORPUS CHRISTI SECTION E. A MAP OF WHICH IS RECORDED IN VOLUME 38, PAGES 25-26, MAP RECORDS OF NUECES COUNTY, TEXAS AND CONTAINING 58 ACRE OF LAND SHEET 2 OF 2 PLANNING COMMISSION FINAL REPORT Case No.: 0915-04 HTE No. 15-10000048 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Description Applicant/Owner: Padre Coastal Homes, LLC Representative: Naismith Engineering, Inc. Legal Description/Location: Lots 6 and 7, block 3, Padre Island - Corpus Christi Section E, located on the south side of Running Light Drive. Zoning Request From: "RS-6/IO" Single Family with an Island Overlay To: "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay Area: 0.58 acres Purpose of Request: To allow the construction of a 6 -unit townhouse development that deviates from the typical townhouse development standards. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS-6/IO" Single -Family 6 with an Island Overlay Vacant Tourist North "RS-6/IO" Single -Family 6 with an Island Overlay Vacant Tourist South "RS-6/IO" Single -Family 6 with an Island Overlay Vacant Tourist East "RS-6/IO" Single -Family 6 with an Island Overlay Vacant Tourist West "RS-6/IO" Single -Family 6 with an Island Overlay Vacant Tourist ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development and Island Overlay is consistent with the adopted Future Land Use Plan. Map No.: 029027 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the south side of Running Light Drive, which intersects with Commodores Drive and Aquarius Street (formerly Estrada Drive), both of which are "01" Minor Residential Collector streets. "01" Collectors have a maximum desirable number of Average Daily Trips (ADT) of 1,000 to 3,000. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Commodores Drive °°01" Collector 60' ROW 40' paved 120' ROW 100' paved Not Available Aquarius Street 01 Collector 60' ROW 40' paved 80' ROW 40' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -AT" Multifamily Apartment Tourist District to the "RS-TH /PUD/IO" Townhouse District with a Planned Unit Development (PUD) and Island Overlay for the construction of a six (6) unit townhouse development. The layout of the townhouse develop departs slightly from standard subdivision requirements, therefore the applicant/owner is employing a PUD. Using a PUD would commit the developer to a site plan that could not be changed significantly without a public hearing. Development Plan: The applicant proposes to rezone and replat Lots 6 and 7 of Block 3, Padre Island -Section E to allow for the construction of a non -gated residential development of attached single-family units. The proposed development is planned to contain six (6) units, one (1) common area and one (1) lot for private access and utilities. The intent is for the units to be individually owned and to be used as daily rental townhomes to service the growing tourist needs on Padre Island. The property is within the Island Overlay District. The following table is a comparison of the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-TH" Townhouse District. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-TH" District Standards Proposed PUD Deviation Site Area (SF) 20,000 25,264 No Lot Area (front access) 2,600 1,753 Yes Lot Area (rear access) 2,200 n/a -- Shared Parking 1,600 n/a -- Dwelling Unit Width 26 15 Yes Front Yard 10 10 No Side Yard 0 0 No Rear Yard 5 5 No Building Separation 10 10 No Open Space 30% 44% No Maximum Height (FT) 45 45 No Curb Type 6"Curb and Gutter 2' Ribbon Curb: See Exhibit 6 — Page 8 Yes Parking Requirement 2.2/unit 2.0/unit + 6 guest (18 total) No Sidewalks 6' on one side of Road 6' on one side of Road No Existing Land Uses & Zoning: The subject property and all adjacent properties are zoned "RS-6/IO" Single -Family 6 with an Island Overlay. All properties are vacant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Mustang -Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Map, which slates the property for Tourist uses. The proposed rezoning is also consistent with the following polices of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Plat Status: The subject property is currently platted and will be re -platted in accordance with the Master Site Plan. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, open space, sidewalk width, and street width and non-traditional street construction standards, while maintaining the required site area, building height, and building separation. • The subject property consists of a two platted lots with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • The master preliminary plat is generally consistent with all zoning requirements for the property. • The proposed provision and configuration of roads and utilities is adequate to serve the property. • The schedule of the development is feasible and assures that the proposed development will progress to completion within the time limits proposed. • The location, size, and sequence of the development proposed assures orderly and efficient development of the land subject to the plat. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS-6/IO" Single Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay, subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of six (6) townhouse units and common area amenities and shall be constructed in one phase. The PUD on this property would allow for individually owned, daily rental townhomes. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed six (6) dwelling units. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The property must have a minimum of 18 standard parking spaces. Parking is prohibited along the private -street and pedestrian walkways. 5. Setbacks and Lot Width: The minimum front yard setback for each lot shall be ten (10) feet. The minimum rear yard setbacks for all lots shall be five feet. The minimum building separation between unattached townhouse units shall be 10 feet. A Minimum ten -foot wide yard setback is required along a street. The minimum side yard setback is five (5) feet. The minimum width for townhouse lots shall be 15 feet. 6. Open Space: The Property must maintain a minimum of 44% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide the lots with access to a two-way private street with a width of not less than 24 feet. The private streets shall be marked to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street connecting to the street. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Public Notification Number of Notices Mailed — 21 within 200 -foot notification area 5 outside notification area As of September 23, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 9.35% of the land within the 200 -foot notification area in opposition. Exhibits: A. Location Map (With Existing Zoning & Notice Area) B. Running Light PUD (Development Plan) C. Application D. Notices/Public Comments CR -2 /O SUBJECT PROPERTY CR -1 0 RM -AT /O AT P 1.1-D CR --2 O Date CrehB/17/2015 Pre$ared By: Jae emyM Departme of Development Service r i 0 400 feet ci RM -AT /7O CASE: 0915-04 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 WHITECAP LOCATION MAP SUBJECT PROPERTY City of Corpus Christi Planned Unit Development for: Corpus Christi, Texas Willie Mandel [Owner] Submitted By: Naismith Engineering, Inc. 4501 Gollihar Road Corpus Christi, TX 78411 TBPE F-355 Engineer: Craig B. Thompson, P.E. CliNaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL■ SURVEYING 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com Table of Contents Location Map General Info Adjacent Zoning Property Description Deviations Table Development Guidelines Lot Layout Open Space Layout Vehicular / Pedestrian Access Preliminary Plat 1 Anegada Village Site Plan Location Map 2 3 3 4 5 5 6 7 8 9 10 naismith engine L. 1:,1.1 CO1C General Info Adjacent Zoning The Planned Unit Development (PUD) for Running Light PUD consists of a Re -Plat of Lots 6 & 7, of Block 3, Padre Island -Section E. This development will be non -gated with attached single-family units. 6 units in Running Light will be Single Family Residential Units, 1 Common Area lot & 1 Private Access & Utility Easement lot. The property sits on 0.58 acres of vacant land and is currently zoned RS -6/I0. The Future Land Use plan designates this area as 'Tourist'. A PUD on this property allows for the development of individually owned, daily rental townhomes to service the growing tourist needs on Padre Island. These units, which would not otherwise be buildable under existing City requirements, will help satisfy the 'Tourist' designation for Padre Island on the Future Land Use plan. This area has multiple existing zoning designations. However, the properties directly adjacent to Running Light PUD are zoned RS -6/I0 r CR.2 CR.2 SEW h4 CCFSS 040 RM•AT j LFSTREAS! CO-\ CTIONA P4DRE ISL.I.\ U SECTION X (.\TTI EA HORSE 22 1RAT �\ 41* Ih e. ISLES CR•1 P. R !SL.4j\D naismith enginec�l,. I.._. h .... J ..Il J h r.....1.._....1.., II,1.1 J_.... C011 Property Description Running Light PUD sits on a 0.58 acre tract of land near the end of Running Light Drive. Existing zoning on the property is RS -6 with a future land use designation of Tourist. This portion of land is also located in Zone A13 (EL 9) per the Flood Insurance Rate Map. This Planned Development fits within the existing characteristics of the surrounding properties and will fit with the culture of Padre Island. Running Lig' PUD ai�i niu i CI iyu is ...." ... Deviations Table 1 Running Light Description Zong / Platting Ordinance Requirement (RS-TH) Running Light PUD Min. Site Area (SF) 20,000 25,264 Min. Area per Dwelling Unit (SF) Front Access 2,600 1,753 Rear Access 2,200 n/a Shared Parking 1,600 n/a Min. Dwelling Unit Width (FT) Front Access 26 15 Rear Access 22 n/a Shared Parking 16 n/a Min. Yards (FT) Street Street (corner) 10 10 10 10 Side (single) Side (total) 0 0 0 0 Rear 5 5 Min. Building Separation (FT) 10 10 Min. Open Space 30 % 30% Max. Height (FT) 45 45 Curb Type 6" Curb & Gutter 2' Ribbon Curb: See Exhibit 6 - Page 8 Parking Requirement 2.2 / unit 2.0 / unit + 6 guest (18 total) Sidewalks 6' on One Side of Road 6' on One Side of Road naismith engineering, inc. • pla ... J _...1 J_. _I �.....L. I l.l COIL Development Guidelines 1 Running Light Residential Lots: Block 1, Lots 1-6 1. Lot Size: 2. Lot Width: 3. Front Yard Requirement: 4. Rear Yard Requirement: 5. Side Yard Requirement: 6. Maintenance: 7. Building Spacing: 8. Building Height: 9. Parking Requirement: 10. Usage: 11. Improvements: Minimum Maximum Minimum Maximum 1,753 sf 3,276 sf 15 Feet 36 Feet 10 feet Minimum 5 feet Minimum Zero Lot Line Lot owner and/or Home Owners Association (HOA) 10' Maximum - 2 Stories, 45' vertical distance above finished grade to the highest point between the plate line and the ridge of a gable or hip roof. 2.0 Per Lot + 1 Guest Space Per Lot with a total of 18 Spaces Provided. See Parking Plan on Page 8. Single Family Residential / Short Term Rentals less than 30 days Structure, decks, porches, etc. shall not portrude beyond the Yard, Easement or Property Line (whichever is applicable). Rear Yard Patios to be constructed with Pervious Material. Private Access and Utility Easement: Block 1, Lots 7 1. Maintenance: 2. Parking Requirement: 3. Usage: Home Owners Association (HOA) Parking allowed in Designated Areas only. Parking Spaces to be clearly marked. No Parking allowed on Mandel Drive. Areas supporting the community: Vehicular Access Drive, Pedestrian Access, Walkways, etc. Common Area: Block 1, Lot 8 1. Lot Size: 2. Front Yard Requirement: 3. Rear Yard Requirement: 4. Side Yard Requirement: 5. Maintenance: 6. Building Spacing: 7. Building Height: 8. Building Note 1: 9. Building Note 2: 10. Parking Requirement: 11. Usage: 12. Improvements: 7,582 SF 10 feet Minimum 5 feet Minimum 5 feet Minimum Home Owners Association (HOA) 10' Maximum - 1 Stories Architectural style of non-residential community structures must match style of residential structures. Building separation of non-residential structures will be subject to the 2009 International Building Code and may require increased spacing or increased fire protection. No parking allowed in Common Area, Lot 8 Non -Residential Structures supporting the community. Structure, decks, porches, etc. shall not portrude beyond the Yard, Easement or Property Line (whichever is applicable). Lot Layout 1 Running Light Note Landscaping and Irrigation will be provided in this subdivision. Legend O O 0 Parking I See sheet 8 for Layout Mandel Drive Sidewalk Pedestrian Access to Common Area naismith engineering, inc. ■ pla ... J _..:1 1_. I .....1.. _......., I:I.I _.. CO1C 6 Open Space Layout 1 Running Light Open Space Calculation Total Open Space Required: Total Area: Total Open Space Provided: Total Open Space: Notes: 1. Rear Yard Patios to be constructed with 30% 25,408 sf 11,319 sf 44% Pervious Materials naismith engineering, inc. ■ pla ...,J _..:1 J_. _I .....1.. _......., I:I.I ;_.. CO1C 11 Vehicular / Pedestrian Access 1 Running Light Parking Requirements 1 Running Light Vehicular and Pedestrian access will be provided with a single 24' back of curb to back of curb Two -Way Private Access Drive named 'Mandel Drive'. Mandel Drive will provide access to single family lots 1-6 and common area lot 8. It will be a dead-end private street less than 150' in length perpindicular to Running Light Drive and will not require a turn -around for emergency vehicles. This will be a non -gated community. Pedestrian access will be within a designated 6' wide sidewalk adjacent to Mandel Drive. Typical Ribbon Curb 1 Running Light ROADWAY 1/4"/1' SLOPE WIDTH 1/2" BATTER (OPTIONAL) PP E3p11 • 3,000 PSI CONCRETE. #4 REBAR AND DOWEL LOCATION. (TYPICAL) (SEE CURB EXPANSION JOINT DOWEL DETAIL BELOW) RIBBON CURB Typical Cross Section 1 Running Light Access & Utility ti Utility �, • Easement/ -, Yard 1 Requirement 1 Parking 24' Private Drive naismith engineering, inc. • pia i...�ei F..:! ! . \ �.....1.. �. ..., I4,IA • NIB 8 Preliminary Plat 1 Running Light S82 S76o 53' 09.,E 101, h J Qo O O QO f7 cV 20 1" = 20'-0" 76°53, 40FEET 101. 64, PLAT OF RUNNING LIGHT P.U.D. BEING A REPLAT OF LOTS 6 & 7, BLOCK 3, PADRE ISLAND -CORPUS CHRISTI SECTION E, A MAP OF WHICH IS RECORDED IN VOLUME 38, PAGES 25-26, MAP RECORDS OF NUECES COUNTY, TEXAS AND CONTAINING .58 ACRE OF LAND NOTES: 1. TOTAL PLATTED AREA CONTAINS 0.58 ACRES OF LAND, INCLUDING PRIVATE STREETS. 2. COMMON AREA = 11,736 SF 3. PER FLOOD INSURANCE RATE MAP, MAP INDEX COMMUNITY -PANEL NUMBER 485494 0705 D, MAP REVISED MAY 4, 1992, THE SUBJECT PROPERTY IS LOCATED IN ZONE Al 3 (EL 9), DEFINED AS AREAS OF 100 -YEAR FLOOD; BASE FLOOD ELEVATION DETERMINED. 4. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD83). ELEVATIONS ARE BASED ON NGVD29. 5. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF-WAY THAT MAY IMPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN WITH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. 6. VEHICULAR / DRIVEWAY ACCESS ONTO RUNNING LIGHT DRIVE PROHIBITED FROM BLOCK 1, LOT #1. 7. BLOCK 1, LOT #7 & 8 - COMMON AREA WILL BE MAINTAINED BY HOME OWNERS ASSOCIATION. 8. BLOCK 1, LOT #7 - NON BUILDABLE LOT: PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 9. ALL ROADS, SIDEWALKS, STREET LIGHTING AND SANITARY SEWER LINES WILL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 10. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION. 11. THE YARD REQUIREMENT, AS DEPICTED, ISA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 12. RECEIVING WATERS: THE RECEIVING WATERS FOR THE STORMWATER RUNOFF FOR THIS PROJECT IS THE LAGUNA MADRE. THE T.C.E.Q. HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS". THE T.C.E.Q. ALSO CATEGORIZED THE LAGUNA MADRE AS "CONTACT RECREATION". Curve Table Curve # Length Radius Chord Direction Chord Length C1 27.82 20.00 563" 15' 38"W 25.63 C2 13.91 10.00 N63° 15' 38"E 12.82 Parcel Line Table Line # Length Direction L1 19.23 N13° 06' 51.46"E L2 33.54 S76° 53' 08.54"E L3 15.00 S13° 06' 51.46"W L4 15.00 S13° 06' 51.46"W L5 6.10 576` 53' 08.54"E LEGEND • IRON ROD FOUND O BLOCK SYMBOL PROPERTY LINE UTILITY EASEMENT- U.E. YARD REQUIREMENT - Y.R. DRAINAGE EASEMENT - D.E. ROAD CENTERLINE - F ACCESS EASEMENT - A.E. M.R. MAP RECORDS 9 SHEET OF 2 naismith engineering, inc. • pla)... J _...1 J . _I_ .....1.. _......., I.,I.I _.. CO1C 9 Site Plan 1 Running Light DESCRIPTION 0 N COMIAON AREA ACC s, BLOCK 3 lO '�__ N23'24.2"E I --_��4 254.09' O s } �-75.00'-.._ I 02265F m I $ I ! N + I I 82.00• _ $ I F I 5 2028SF Ii 3. Lai-$ ___ –_ _. - _ _ -- -- __ 1 II *.4.1–&-t Q0 / ,. -- - --- / • O o 1 MI/ r FOR INTERIM REVIEW NOT FOR PERMITTING, CONSTRUCTION, OR BOOING PURPOSES CRAIG B. THOMPSON, P.E. S I VI 3i a H 1:a � j^ cli C 1g E .: a �y�SI AY/l � i U t g8 2 _ ' C W S• 21 �icg W • s- k'� �� ��� F t. §5 8 o c g a iF 0 o APPR DESCRIPTION i 1 1 i_ _ ______,..........._75. I 1 1j •in ��. j -� _ 1 I /1 I I >,05 SF g �� I II / • • N P O�Q. — OO / SITE PLAN RUNNING LIGHT P.U.D. CORPUS CHRISTI, NUECES COUNTY, TEXAS �— 280 • 12.00'—•-19.00 —f7.08 -.i. c+•— -I __. 24 �r 7 J/f , 7L r� COMMON-AREA CCESS AND UTILITY EASEMER7� _ _ +Ylt j1 ArDE J��t,S+sF1323' ? V (L, — EASEMENT. 254.09 ..1' ACCESS AND UTILITY I 10'Y.RiU.E. —' BLOCK 3, LOT Jr -- I . FOR INTERIM REVIEW NOT FOR CONSTRUCTION. BIDDING OR PERMIT PURPOSES CRAIG B. THOMPSON, P.E. "4,,,,, I`''i 1 ��n I e.,,..,.a.,,.,,,K ,�,�.�....•' o I ma / I to l 0 (� SHFFT 7 OF 2 TYPICAL PRIVATE STREET SECTION �� II' ACCESSANOUTILIIYEASEMENTSECT*. i( E.NrS.01200 LIC: 89496 DATE: 07/2015 o I naismith engineering, inc. • plal... J _..Il J ..I r.....1.......1..� ILI.l J DOSE 1 10 HTE #15-10000048 cis a �� f � F �� ,. 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.: PC Hearing Meeting A MAXIMUM INCOMPLETE RECOMMENDED 0915-04 Map No.: 028026 Date: Location/Time: OF FIVE APPLICATIONS 9/9/15 pM: Leticia/Dolores City Hall, Council Chambers, 1201 Leopard Street, at 5:30 p.m. APPLICATIONS ARE SCHEDULED PER HEARING. WILL NOT BE ACCEPTED — PRE -SUBMISSION MEETINGS ARE 1. Applicant: Mailing City: Corpus Naismith Engineering, Inc. Contact Person : Craig Thompson, P.E. Address:4501 GolIihar Rd. Christi State: TX ZIP: 78411 Phone: ( 361 ) 814-9900 E-mail: Cell: ( 361 ) 442-5424 2. Property Mailing City: Corpus Owner(s): Padre Coastal Homes, LLC Contact Person : William Mandel Address: 6622 Jefferson Rd. Christi State: TX ZIP: 78413 Phone: ( 361 ) 852-5276 E-mail: Ownership Type:So1e erPartnership Corporation° Cell: ( ) Other: 3. Subject Property Current 12 -Digit Subdivision Legal Description Address: 14721 Running Light Dr. Area of Request (sq.ft./acres): 0.58 Ac. Zoning and Use: RS -6 /10 Proposed Zoning and Use: RS-TH /PUD/I0 Nueces County Tax ID: 6185 _ - 0003 _ - 0060 Name: Padre Island -Corpus Christi Section E Block: 3 Lot(s): 6 & 7 if not platted: 4. DOCUMENTS REQUIRED: IF APPLICABLE: REQUIRED WITH APPLICATION Statement Appointment of Agent Bounds Description with Exhibit D Land Use ❑ Disclosure of Interest ■ Copy of Warranty Deed ❑ Executed ❑ Metes & ❑ Peak Hour Trip Form ❑ Site Plan for PUD or Special Permit if property includes unplatted land ❑ Lien Holder Authorization I certify that I have provided the City rezoning;.s or I J1 ( / of Corpus Christi with on behalf of the Property a complete application for review; that I am authorized to initiate this Owner(s); and the information provided is accurate. ► (Owner's Signature) (Applicant's Signature) %M'/ flifl 1. n A fL Craig B. Thompson, P.E. (Owner's Printed Name) (Applicant's Printed Name) Application Fees (as of November 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Additional PUD Fees (see attached) Office Use Only Date Received: Received By: Application Fee: 1107.50 + 591.00= $1698.50 No. Signs Required 1 X $10 Sign Fee: 10.00 Total: $1708.50 Sign Posting Date: ADP: MPI Form Revised 3/2/2015 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION \APPLICATION FORMS\FORMS AS PER LEGAL\2012\ZONING 2012\ZONING APPLICATION 2015.DOC 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. Single family residential (RS -6) to be rezoned to RS-TH/PUD to allocate the development of a Townhome District. 2. Identify the existing land uses adjoining the area of request: North - RM -AT South - CR -1 East - RM -AT West - RS -6 C:\USERS\TANYAR.000\DESKTOP\DAILY USE ANNIKA\LAND USE STATEMENT FOR ZONING.DOC CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRST NAME: Padre Coastal Homes, LLC STREET: 6622 Jefferson Rd. CITY:: Corpus Christi, TX ZIP: 78413 FIRM IS: /Corporation A2. Partnership o3. Sole Owner 04. Association o5. 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) None None None None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title None None None None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee None None None None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm". Name None Consultant None None None 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: William Mandel (Type or Print) Signature of Certifying Person: Title:,17/71 Date: CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRST NAME: 6^44, l' iC tti Et; 4 IRG.1 3 f'4 • STREET: ¥o eto 1-1-t MR - CITY: CORP05 %iO4isn ZIP: 7e koi FIRM IS: X1. Corporation n2. Partnership 03. Sole Owner 04. Association o5. 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) None None None None 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title None None None None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee( 1111- E'erl••1\167--A- I I+ v�TKi4014 vtS®'R1 Co Pone C12-4( I ieSoa pikfflsr t4441)-kk et) triktA 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 35 or more of the ownership in the above named "firm". Name None. Consultant None None None 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: CVk( 1 • \ t S Title: Vitt ?P -IP r (Type Print) Signature of Certifying Persoo n:6.0i. Date: (44(I `� Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen la intencion de asistir a este Junta v ciue reciuieren servicios especiales. se les suplica clue den aviso 48 horas antes de la Junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al de ,artamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas ante] de la junta para solicitar un interprete ser presente durante la junta. it lG. L1 L., CITY PLANNING COMMISSION PUBLIC HEARING NOTICE SPECIAL SEP 3 2°15 Rezoning Case No. 0915-04 DEVELOPM EdT 'ERVICES i-_ S' Padre Coastal Homes, LLC has petitioned the City of Corpus Christi to consider a`changa ung froni the "RS-61IO" Single -Family 6 District with an Island Overlay to the "RS-THIPUDIIO" TownhoiMe District with a Planned Unit Development Overlay and Island Overlay, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, located on the south side of Running Light Drive. The Planning Commission may recommend to City Council approval or denial, or changes to the requested Planned Unit Development conditions. 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 Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015,, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: 6.„1/4,41 /Do - - CitylState: s ,.'.�, '2)72(f2- ( ) IN FAVOR ( IN OPPOSITION Phone: 210-1itv7-7)Z-7 REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 6 HTE# 15-10000048 Signature Case No. 0915-04 Project Manager. Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 6 618500030040 BOWLING PAUL R 1500 S Zarzamora St Unit 308 San Antonio, TX 78207 tp: SS 0 F � F2 2.- 4 .� 7 vo1v 11IN1 y Ill wet •: 02 1M $ 00.485 0004287110 AUG28 2015 MAILED FROM ZIP CODE 78412 "1, CR -2 10 SUBJECT PROPERTY 400 CASE: 0915-04 SUBJECT PROPERTY WITH ZONING Subocl Properly 081.1 YNlnunoy 1 IW 7 I14N44111y 7 RII 3 Yultll.mlly 3 ON f.r...••1M.I O.IN• PIA AT MURIINNIIy AT CN•1 N.I1Nbn.ne.E C..nn.•.INI CN 7 11110401.8014 Cem....CY1 CR 1 01/10.104.441•14441 CR 1 R.14.1C4444.t441 CO -1 GM.•I CO.nrn•.CNl CG -1 0.,4/.l Cwnm•.cl.l 0 man.r.c.Mm/rcw CSO o..ml..n Comm.6Yl CR 1 R.•at Ce.n144c1.l 10 ylm Rum, N 14N0.14. 0.1,11! IIP 1.14a44 9.48 R- 110n1 Industrial N Nebo 1•4244044I 000 414,4441114.104, O.NYy 11.10 1Yn01..M11910 034 IYnNN !molly I R040 Mogi* 11myy4 R1 -T, 1V441.:4.4R4 R1 I0 0M919.0.N1119 I/ RE RONMMYI LIMN RS TN 144NININ LD ID1[I•I Se mn Ry RK.•.11.1.41 NN.0. 01.s O N4 44,04141.1•11 Mono R'M - AT `0 0.1. C.41.4;7.70i� PrtA.IM ey .N'nmyY N O..M.Wn.M 7Mta1 t ___,,..._. SUBJeCT !. PROPERTY l S J cio LOCATION MAP City or Christi 1 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su inales es limitado, favor de Hamar al departamento de servicios de desarrollo al nCimero (361) 826-3240 al menos 48 horas antes de la Iunta_para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE l SEP 0 3 2015 Rezoning Case No. 0915-04 + bEVELOPMLNT sERvicras Padre Coastal Homes, LLC has petitioned the City of Corpus Christi to consi SPE nge-b 1/ from the "RS-61IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, located on the south side of Running Light Drive. The Planning Commission may recommend to City Council approval or denial, or changes to the requested Planned Unit Development conditions. 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 Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: P'1u. S 1( ) Address: 1 S S at r(./--eim-aget. City/State: Do- - 7J 147 ( ) IN FAVOR {}.0 IN OPPOSITION Phone: 2%0 ' S4-7- 132-.) REASON: ! SEE MAP ON REVERSE SIDE Property Owner ID: 12 HTE# 15-10000048 Signature Case No. 0915-04 Project Manager. Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 12 618500030050 BOWLING PAUL R 1500 S Zarzamora St Unit 308 San Antonio, TX 78207 oy Q� F ®T330.4 11IN1 Y 1111x...11 02 1M $ 00.485 000428 71 10 ALIG 28 2015 MAILED FROM ZIPCODE 78412 7-'1-17173 r 1111I' 11111"1111111111111 I 1 c:�3 I1 11,I� ►l 7. 10 CR -2 10 SUBJECT PROPERTY CASE: 0915-04 SUBJECT PROPERTY WITH ZONING Subr:t Property 114A-1 Ia.Re..1cl I RY T IA.ttl..dy 2 AM 3 M040414 4 ON ►.0....10..a4Orlka R11.A1 IAAtll.mlly At 01-1 0.191111 rl.aed CeMM.ralal C11.2 M.140.eerne00 Conte. rc CR.I Refer.Cw.mrt41 CR .3 Resort Co.rn.n41.1 CO., G..rn1 COr.T.r41.: CG.T Or.....IC.m...rt'of CI Mame.Cetf.MYI COO D..Mo... Comm..cb. CR 1 Awed C...nwKW IN CAMs RerM ▪ N1.tWc OntbT W 4..4,••n PPR !. lyM I.Mo.bb/ N Heavy l.dootrb& ►OO .1. nem./ Von Orr 04ed. y 113.10 swot +.MRy 10 MJ !Intro !molly I MIA• WWty.. I.MVI411 R3 TI T.0-9 .ly R3 10 l og1n).MR, I r RE M. lontwi ItH. O 3 TN 1...eb0..4 BP 144•441ldrtne RY Row,44W0.0 yen.rr. Park Rum ...ryt.ofvrd Ibe.. - _n14T11Ca•— - a LOCATION MAJ SUBJECT PROPERTY City or Corpus CItrlsit Aerial Overview rn iN RiIgR e 46PARB IH 37 e co 1 -WY 44 BEAR d Z CR34 q q� F yo 6 CR 26 w�4i 7 28. FM 43 .7004 y UCFgN MAIN Vicinity Map 665 FM p2 U U O •S O � CR14 CR12 FM 70 d U WINN $ WHITE Ap m 6. AT4 1 Aerial AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of October 13, 2015 Second Reading Ordinance for the City Council Meeting of October 20, 2015 DATE: September 11, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Urban Transportation Plan Amendment by CAH — DHC Properties, LLC County Road 50 CAPTION: Ordinance amending the Corpus Christi Urban Transportation Plan, a part of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by realigning County Road 50; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: The purpose of this amendment to the Urban Transportation Plan ("Plan") is to realign County Road 50 east of IH 69, 450 feet north of the current alignment designated in the Plan. RECOMMENDATION: The Planning Commission and Transportation Advisory Commission recommend approval of the proposed Plan amendment. BACKGROUND AND FINDINGS: CAH — DHL Properties, LLC, is proposing to plat approximately 15.23 acres tract for auto dealerships along the frontage road of IH 69. Approximately 5.89 acres of the property will be developed in the first phase as Hicks Family Nissan. The current land use for the site is Farm Rural (FR) so the owner must rezone the property for commercial use as part of the platting process. The City's current Future Land Use Map 1 indicates proposed zoning as Commercial. Adjacent future land use is zoned as Mobile Home. The UTP which serves as the visual representation of Mobility CC, designated future right-of-way dedication for County Road 50 through the site that the owner is seeking to plat. According to the Plan, County Road 50 is classified as a C-1 Minor Residential Collector which requires 60 feet of right-of-way dedication. The proposed alignment of County Road 50 would provide relief to future development and permit access to IH 69. Urban Engineering, the owner's engineer, submitted a Plan amendment request to have County Road 50 realigned 450' north of the current alignment designated in the Plan. Urban Engineering describes the necessity for the development to maintain a continuous parcel for shared uses of auto dealerships. They described that function of County Road 50 has been altered due to the fact there are is no plan for an overpass at this intersection on IH 69. Supporting documentation provided indicates following three options for consideration: • Option A - Maintain the alignment designated in the Plan • Option B - Realign County Road 50, 450' north of the current alignment designated in the Plan • Option C - Realign County Road 50 north of the existing Mike Shaw Toyota (to avoid conflicts with pipelines) TxDOT has approved the access management concept for County Road 50 and IH 69 frontage for Driveway permit exhibit. The approved design requires right of way dedication and gore extension of entrance ramp. The preliminary plat must include the required right of way dedication for TxDOT. In August 6, 2015 letter, C.C. Deluxe Properties, LTD. acknowledge the financial obligation for the buyer to develop County Road 50 to the IH 69 frontage road. They also support the UTP amendment. Transportation Advisory Commission, on August 3, 2015 and Planning Commission, on August 26, 2015, recommends the Option B- Realign County Road 50, 450' north of the current alignment designated in the Plan. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: County Road 50 (SH 357) is consistent with the following City policies/codes: Comprehensive Plan: The requirement of County Road 50 is consistent with the Mobility Plan CC / Urban Transportation Plan. The function of the collector street is to 2 "...`collect' neighborhood traffic and strategically direct the traffic to the arterial grid system....The ideal collector street intersection spacing between arterials is 0.25 to 0.50 miles apart." EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: The Capital Programs and Development Services recommend approval of the proposed Urban Transportation Plan amendment. Planning Commission and Transportation Advisory Commission recommend approval of the proposed Urban Transportation Plan amendment. 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 LIST OF SUPPORTING DOCUMENTS: Ordinance Memo from City Traffic Engineer (includes Exhibit B -Driveway Permit for C.C. Deluxe Properties and Exhibit C -Letter from Deluxe Properties, Ltd.) Location Map Presentation 3 ORDINANCE AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION PLAN, A PART OF MOBILITY CC, AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI, TEXAS, BY REALIGNING COUNTY ROAD 50; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council their recommendations concerning the amendments to the Corpus Christi Urban Transportation Plan, a part of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Transportation Advisory Commission held a public hearing on Monday, August 3, 2015, regarding amendments to the Corpus Christi Urban Transportation Plan, during which all interested persons were allowed to appear and be heard; WHEREAS, Planning Commission held a public hearing on Wednesday, August 26, 2015, regarding amendments to the Corpus Christi Urban Transportation Plan, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, October 13, 2015, regarding amendments to the Corpus Christi Urban Transportation Plan, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the 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. The Corpus Christi Urban Transportation Plan, a part of Mobility CC an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by realigning County Road 50, east of IH 69, north of the current alignment designated in the Plan, which is designated as a proposed 01 Minor Residential Collector with 60 feet of right-of-way and two through travel lanes, eastward to connect with IH 69 as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance 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 ordinance. 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 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 A3' N SCALE: N.T.S. COUNTY ROAD 50 REALIGNMENT Urban Transportation Legend Street Type & Required Right -of -Way Urban Streets Collectors C1 /60' C2 / 65' C3 / 75' Parkways/Gulf Beach Access P1/80' CB PA/60' Arterials Al /95' A2 / 100' A3 / 130' Design Feature Cont. UT Bikeway Gulf Beach Beach Parking No. of Lanes Existing Proposed 2 3 4 2 Cont. UT Median Median 5 4 6 00 ■ ■ ■ MEM 11 11 SUBJECT: EXHIBIT A URBAN TRANSPORTATION PLAN AMENDMENT COUNTY ROAD 50 REALIGNMENT Traffic Engineering Division Street Operations Department MEMORANDUM DATE: August 13, 2015 TO: Dan Grimsbo, P.E., AICP, Director of Development Services 'e 6 FROM: Raymond Chong, P.E., PTOE, PTP, City Traffic Engineer Proposed Urban Transportation Plan Amendment - County Road 50 Issue CAH - DHL Properties, LLC, the owner, is seeking an amendment to the Urban Transportation Plan (UTP) of Mobility CC to realign County Road 50, a proposed C-1 Minor Residential Collector. Background and Findings CAH - DHL Properties, LLC, is proposing to plat approximately 15.23 acres tract for auto dealerships along the frontage road of IH 69. Approximately 5.89 acres of the property will be developed in the first phase as Hicks Family Nissan. The current land use for the site is Farm Rural (FR) so the owner must rezone the property for commercial use as part of the platting process. The City's current Future Land Use Map indicates proposed zoning as Commercial. Adjacent future land use is zoned as Mobile Home. The UTP which serves as the visual representation of Mobility CC, designated future right-of-way dedication for County Road 50 through the site that the owner is seeking to plat. According to the UTP, County Road 50 is classified as a C-1 Minor Residential Collector which requires 60 feet of right-of-way dedication. The proposed alignment of County Road 50 would provide relief to future development and permit access to IH 69. Urban Engineering, the owner's engineer, submitted UTP an amendment request to have County Road 50 realigned 450' north of the current alignment designated in the UTP. Urban Engineering describes the necessity for the development to maintain a continuous parcel for shared uses of auto dealerships. They described that function of County Road 50 has been altered due to the fact there are is no plan for an overpass at this intersection on IH 69. Supporting documentation provided indicates following three options for consideration: • Option A - Maintain the alignment designated in the UTP • Option B - Realign County Road 50, 450' north of the current alignment designated in the UTP (contingent upon TXDOT approval on access management) • Option C - Realign County Road 50 north of the existing Mike Shaw Toyota (to avoid conflicts with pipelines) On Monday, August 3, 2015, Transportation Advisory Commission considered the UTP amendment for County Road 50 and its options. Recommendation Transportation Advisory Commission recommends the Option B - Realign County Road 50, 450' north of the current alignment designated in the UTP (contingent upon TXDOT approval on access management) which best serves the City's needs. They also asked for endorsement letter from C.0 Deluxe Properties, Ltd., adjacent owner, that they acknowledge their financial obligation for street construction and associated cost for County Road 50. TxDOT has approved the access management concept for County Road 50 and IH 69 frontage (see attachment) for Driveway permit exhibit. The approved design requires right of way dedication and gore extension of entrance ramp. The preliminary plat must include the required right of way dedication for TxDOT. In August 6, 2015 letter, C.C. Deluxe Properties, Ltd. acknowledged the financial obligation for the buyer to develop County Road 50 to the IH 69 frontage road. They also support the UTP amendment. (See attachment) Attachments: Driveway Permit Exhibit, C.C. Deluxe Properties. LTD Letter Exhibit B -Driveway Exhibit C-C.C. Deluxe Properties, Ltd. Letter EXHIBIT B EXHIBIT C C.C. Deluxe Properties, Ltd. Deluxe Properties LLC 3540 Agnes Street Corpus Christi, Texas 78405 August 6, 2015 City of Corpus Christi Dan Grimsbo, Director of Development Services 2406 Leopard Street, #100 Corpus Christi, Texas 78408 Dear Mr. Grimsbo; The Walker family has sold approximately 15 acres of land out of the Farias G. Grant Luby Tract 6 ABS 592 located south of the existing Mike Shaw Toyota to CAH -DHL Properties LLC. As part of the sale, we retained a 60' wide strip between the two properties to provide access to aur remainder land east of the dealerships. We agreed to the future construction of a C-1 collector street at this location. We understand that when we sell property abutting the rear of the dealerships that the buyer will be responsible for development of the collector street to the IH -69 frontage road. We support the amendment to the Urban Transportation Plan for this purpose. Kind regards, Mr. Ace Walker General Partner ounty Rd. Reali inment II AIaimammannmnrnmnnow— LOCATION MAP PROJECT LOCATION NOT TO SCALE Urban Transportation Plan Amendment County Road 50 Realignment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 a.4!;), Corpus Chr sti Capital Programs Urban Transportation Plan Amendment - County Road 50 City Council Presentation October 13, 2015 County Road 50 near IH 69 Corpus Chr sti Capital Programs Urban Engineering £,sling 17101r,41 41 canal 15009 Mike Shaw OyOta Deluxe Properties remainder tract 'dualig 60' step I.9 e;D nwlOsed UTP yiment 47-7;xf1e July 29. 2015 Parcels 3114 0 Parols 3113 0 050 19028 1.100 2200 0 175 350 700 m Sun En, WOSDbla O..EN. EURnta CNES•Ann0S, USDA,USAS. At.. A.an.Ics.g, Aaop.1. fAN, 100, {wa1.D6.0,1 RR OM Ufa Canmrcr n,NE RE,Ddam., YrpnHr .,O CaMamas,' coarbtoc e n, MERE , .l.n... NynHM., a Onr••..•,, eabOt.n, Plat of 2 Lots Corpus Chr sti Capital Programs rn ft(11) IIII< IL Current Transportation Plan Proposed CR 50 At 0 50 100 200 Feet Options 41C1111 Corpus Chr sti Capital Programs Existing Master Transportation Plan C-1 Route • LEGEND Options Private Pipelines PropoDote oen Alternate CA Route (Option RJ p ea Alternate c -v Route(Option n Questions? Corpus Chr sti Capital Programs County Road 50 near IH 69 1 .g• • i 0 a o0 G0. Y ©Copyright 2015 Urbon Engineering 1111 ENgINE--EHIN • Corpus Chr`sti Capital Programs County Road 50 near IH 69 i „r +-�_e_1r e .. 1 f� 4, I I,��. �� f 1 A2 j Al COUNTY RE4 GNOMEDNTC J~i 1.`.. 11 ----� 4,1 1 i 1 i I i • 1 ' IQ i, j i 111$=--_— ,%'' / `� II I 1 -tis — ��� f.... ft i p' 4* / / . i • ▪ �. 1 ` • �1 / SCALE N.T.S. • 1 r j Urban Transportation Legend Street Type & Required Right -of -Way Urban Streets Collectors C' rev C2/65' Parkways/Gulf Beach Access P1/80' C8 PA160' Arterials Al I95. A2/100' A3/130. Design Feature No. of Lanes Existing Proposed Cont. UT Bikeway Gulf Beach Beach Parking Cont. UT Median Median 5 0 0 ik SUBJECT: EXHIBIT A [r�,hryr� URBAN TRANSPORTATION PLAN AMENDMENT COUNTY ROAD 50 REALIGNMENT Traffic Engineering Divisial Street Operations Department Corpus Chr sti Capital Programs AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 13, 2015 Second Reading Ordinance for the City Council Meeting of October 20, 2015 DATE: September 28, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikemacctexas.com 886-2603 Amending the FY2015-2016 Crime Control and Prevention District Budget CAPTION: Ordinance approving the FY 2015-2016 amended budget for the Corpus Christi Crime Control and Prevention District (CCCCPD) to include expenditures of $514,001 for the Police building security project; appropriating $514,001 from unrestricted fund balance in the No 9010 CCCCPD Fund for Police building security project; and amending the FY2015-2016 operating budget adopted by Ordinance 030620 to increase expenditures by $514,001. PURPOSE: FY2016 budget needs to be amended by the City Council. BACKGROUND AND FINDINGS: The Crime Control and Prevention District board adopted the original budget on June 17, 2015 and City Council approved the budget on August 25, 2015. The Board voted to amend the FY2016 budget by adding appropriations in the amount of $514,001 on September 16, 2015. The City Council must approve the amended budget. The additional expenditures were appropriated in the FY15 Crime Control budget for the Police building security project; however the project will not be completed by the end of FY15 and the funds must be appropriated in FY16. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: OMB Legal 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 $514,001 $514,001 BALANCE $514,001 $514,001 Fund(s): Crime Control and Prevention District Comments: RECOMMENDATION: Staff recommends amending the budget LIST OF SUPPORTING DOCUMENTS: Ordinance Approving the FY 2015-2016 amended budget for the Corpus Christi Crime Control and Prevention District (CCCCPD) to include expenditures of $514,001 for the Police building security project; appropriating $514,001 from unrestricted fund balance in the No 9010 CCCCPD Fund for Police building security project; and amending the FY2015-2016 operating budget adopted by Ordinance 030620 to increase expenditures by $514,001. WHEREAS, pursuant to §363.205 Local Government Code, the Corpus Christi Crime Control and Prevention District budget may be amended after the beginning of the fiscal year; and WHEREAS, the Corpus Christi Crime Control and Prevention District Board has approved amending the FY 2015-2016 budget to include expenditures of $514,001 for the Police building security project on September 16, 2015. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Fiscal Year 2015-2016 amended budget for the Corpus Christi Crime Control and Prevention District (CCCPD) to include expenditures of $514,001 for the Police building security project is approved. SECTION 2. That $514,001 is appropriated from unrestricted fund balance in the No 9010 CCCCPD Fund for Police building security project. SECTION 3. That the FY 2015-2016 Operating Budget, adopted by Ordinance No. 030620, is amended by increasing expenditures by $514,001 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 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: October 13, 2015 Agenda Item: Ordinance approving the FY 2015-2016 amended budget for the Corpus Christi Crime Control and Prevention District (CCCCPD) to include expenditures of $514,001 for the Police building security project; appropriating $514,001 from unrestricted fund balance in the No 9010 CCCCPD Fund for Police building security project; and amending the FY2015-2016 operating budget adopted by Ordinance 030620 to increase expenditures by $514,001. Amount Required: $ 514,001 Fund Name Account No. Fund No. Org. No. Mission Element Amount Crime Control 251850 9010 $ 514,001 Total $ 514,001 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 13, 2015 Second Reading Ordinance for the City Council Meeting of October 20, 2015 DATE: September 25, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikemacctexas.com 886-2601 Accepting and appropriating the FY2015 Body -Worn Camera Project grant from the Department of Justice, Bureau of Justice Assistance CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Department of Justice, Bureau of Justice Assistance in the amount of $125,000 for the FY2015 Body -Worn Camera Project grant within the Police Department, for purchase of body cameras, with a City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000, and appropriating $125,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: Law enforcement agencies across the country and worldwide are using body -worn cameras (BWCs) as a promising tool to improve law enforcement interactions with the public. BWCs can provide a visual and audio record of interactions. Some preliminary evidence indicates that the presence of BWCs helps strengthen accountability and transparency, and can assist in de- escalating conflicts, resulting in more constructive encounters between the police and members of the community. The Police Department was one of 75 agencies across the country to receive the grant. The grant funds will provide for a maximum of 100 body cameras, storage, software, and licenses. The cash match will be provided by the Law Enforcement Trust Fund. The in- kind contribution is for a percentage of time the four employees currently working with the body camera system. The grant period is 10/01/2015 — 09/30/2017. 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: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $75,000 $75,000 BALANCE $75,000 $75,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Department of Justice, Bureau of Justice Assistance in the amount of $125,000 for the FY2015 Body -Worn Camera Project grant within the Police Department, for purchase of body cameras, with a City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000, and appropriating $125,000 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Department of Justice, Bureau of Justice Assistance in the amount of $125,000 for the FY2015 Body -Worn Camera Project grant, for purchase of body cameras, with a City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000. SECTION 2. That $125,000 is appropriated in the No. 1061 Police Grants Fund for purchase of body cameras. 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 September 21, 2015 Mr. Ron L. 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 Body -Worn Camera Policy and Implementation Program: BWC Program Enhancement in the amount of $125,000 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, Stephen R. Fender, Program Manager at (202) 532-0027; 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 September 21, 2015 Mr. Ron L. 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 seh„�. j r_-- -, �, 1 F bM �jVe �Gf !1 �� JusTICE Q� ` Department of Justice Office of Justice Programs i Bureau of Justice Assistance Cooperative Agreement 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-DE-BX-K045 5. PROJECT PERIOD: FROM 10/01/2015 TO 09/30/2017 BUDGET PERIOD: FROM 10/01/2015 TO 09/30/2017 6. AWARD DATE 09/21/2015 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 CCPD 2015 Body-Worn Cameras Project 10. AMOUNT OF THIS AWARD $ 125,000 11. TOTAL AWARD $ 125,000 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 - Body-worn Cameras) 42 USC 3756(a)(1); 42 USC 3715 note 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 Ron L. 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 DE 80 00 00 125000 21. PDEUGT1573 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 Cooperative Agreement PAGE 2 OF 9 PROJECT NUMBER 2015 -DE -BX -K045 AWARD DATE 09/21/2015 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 Cooperative Agreement PAGE 3 OF 9 PROJECT NUMBER 2015 -DE -BX -K045 AWARD DATE 09/21/2015 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 Cooperative Agreement PAGE 4 OF 9 PROJECT NUMBER 2015 -DE -BX -K045 AWARD DATE 09/21/2015 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 Cooperative Agreement PAGE 5 OF 9 PROJECT NUMBER 2015 -DE -BX -K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 19. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs. 20. 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. 21. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 22. 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. 23. 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. 24. 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://ojp.gov/funding/Explore/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). 25. 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. 26. 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 recipients access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Cooperative Agreement PAGE 6 OF 9 PROJECT NUMBER 2015 -DE -BX -K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 27. The recipient acknowledges that the Office of Justice Programs (OJP) reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General). It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 28. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 29. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2015 -DE -BX -K045 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the OJP Financial Guide provides guidance on allowable printing and publication activities. 30. All program authority and responsibility inherent in the Federal stewardship role shall remain with the Bureau of Justice Assistance (BJA). BJA will work in conjunction with the recipient to routinely review and refine the work plan so that the program's goals and objectives can be effectively accomplished. BJA will monitor the project on a continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction, in consultation with the recipient, as needed. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Cooperative Agreement PAGE 7 OF 9 PROJECT NUMBER 2015 -DE -BX -K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 31. Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through GMS (https://grants.ojp.usdoj.gov), and that it must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Cooperative Agreement PAGE 8 OF 9 PROJECT NUMBER 2015 -DE -BX -K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 32. Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) name of event; 2) event dates; 3) location of event; 4) number of federal attendees; 5) number of non-federal attendees; 6) costs of event space, including rooms for break-out sessions; 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs of printing and distribution; 10) costs of meals provided during the event; 11) costs of refreshments provided during the event; 12) costs of event planner; 13) costs of event facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) meals and incidental expenses (M&IE portion of per diem); 2) lodging; 3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g., rental car, POV) at event location. Note that if any item is paid for with registration fees, or any other non -award funding, then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data, and how to determine costs, are available in the OJP Financial Guide Conference Cost Chapter. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Cooperative Agreement PAGE 9 OF 9 PROJECT NUMBER 2015 -DE -BX -K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 33. The recipient is authorized to obligate, expend, or draw down funds in an amount not to exceed 10% of this award for the sole purpose of developing a Body -Worn Camera (BWC) policy. The BWC policy must be submitted no later than 180 days of award acceptance, unless an extension for good cause shown has been granted by BJA. The recipient is not authorized to incur any additional obligations, make any additional expenditures, or draw down any additional funds until BJA has approved the recipient's completed BWC policy and has issued a Grant Adjustment Notice (GAN) removing this condition. 34. The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special condition. 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: Categorical Exclusion for City of Corpus Christi Awards under this program will be used to plan or implement a body worn camera program. None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: (1) New construction. (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100 -year flood plain, a wetland, or habitat for an endangered species. (3) A renovation which will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. 'ENroF� 11 Department of Justice Office of Justice Programs Bureau of Justice Assistance ,11 F�USTIGF-@� t GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Cooperative Agreement PROJECT NUMBER 2015 -DE -BX -K045 PAGE 1 OF 1 This project is supported under FY15(BJA - Body -worn Cameras) 42 USC 3756(a)(1); 42 USC 3715 note 1. STAFF CONTACT (Name & telephone number) Stephen R. Fender (202) 532-0027 2. PROJECT DIRECTOR (Name, address & telephone number) Pat P. Eldridge Police Management Services Director P.O. Box 9016 321 John Sartain Street Corpus Christi, TX 78469 (361) 886-2696 3a. TITLE OF THE PROGRAM BJA FY 15 Body -Worn Camera Policy and Implementation Program: BWC Program Enhancement 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT CCPD 2015 Body -Worn Cameras Project 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: 10/01/2015 TO: 09/30/2017 8. BUDGET PERIOD FROM: 10/01/2015 TO: 09/30/2017 9. AMOUNT OF AWARD $ 125,000 10. DATE OF AWARD 09/21/2015 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 Body Worn Camera Pilot Implementation program (BWC PIP) provides funding to limited units of local government and federally recognized Indian tribes that perform law enforcement functions, as determined by the department of the interior, and any department, agency, or instrumentality of the foregoing that performs criminal justice functions (including combinations of the preceding). The Body -Worn Camera Pilot Implementation Program (BWC PIP), funded under a statutory set-aside for technology purposes (42 U.S.C. § 3756(a)(1)), will support the implementation of body -worn camera programs in law enforcement agencies across the country. The intent of the program is help agencies develop, implement or enhance, and evaluate a BWC program as one tool in a law enforcement agency's comprehensive problem solving approach to enhance officer interactions with the public and build community trust. Elements of such an approach include: Implementation of a BWC program developed in a planned and phased approach; Collaboration that leverages partnerships with cross -agency criminal justice stakeholders including prosecutors and advocacy organizations; OJP FORM 4000/2 (REV. 4-88) Implementation of appropriate privacy policies; Implementation of operational procedures and tracking mechanisms; Training of officers, administrators, and associated agencies requiring access to digital multimedia evidence (DME); Adoption of practices and deployment of BWC programs appropriately addressing operational requirements. CA/NCF AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 13, 2015 Second Reading Ordinance for the City Council Meeting of October 20, 2015 DATE: TO: September 25, 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 Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645 and a grant cash match requirement of $12,329; and appropriation of the funds for the contract period September 1, 2015 through August 31, 2016 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and amend a grant contract for the Tuberculosis Prevention and Control -State (TB/PC- STATE) grant in the amount of $61,645, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329, to provide tuberculosis prevention and control services for the contract period September 1, 2015, through August 31, 2016; authorizing the transfer of $12,329, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the same for a total project cost of $73,974; and ratifying acceptance of the grant agreement to begin September 1, 2015. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $61,645 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of $61,645. The cash match has been included in the Health Department General Fund Budget for FY2016. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: I11§ Operating 01§ Revenue ❑ Capital E Not applicable Fiscal Year: 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $73,974 $73,974 BALANCE $73,974 $73,974 Fund(s): Grant Comments: Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of $61,645. The cash match of $12,329 has been included in the Health Department General Fund Budget for FY2016. 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 September 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. 2016-001398-00 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 and amend a grant contract for the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329, to provide tuberculosis prevention and control services for the contract period September 1, 2015, through August 31, 2016; authorizing the transfer of $12,329, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the same for a total project cost of $73,974; and ratifying acceptance of the grant agreement to begin September 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 a grant from the Texas Department of State Health Services in the amount of $61,645, for the contract period of September 1, 2015, through August 31, 2016, to provide tuberculosis prevention and control services with a City match of $12,329, from the No. 1020 General Fund. Section 2: That the grant in the amount of $61,645, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-STATE grant in the Health Department. Section 3: The transfer of $12,329, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the same for a total project cost of $73,974. Section 4: 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 5: Further the City Council ratifies acceptance of the grant to begin as of September 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 2016-001398-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $61,645.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2015 and ends on 0813112016. 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: As applicable, DSHS enters into this Contract under the authority of Texas Health and Safety Code Chapters 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: TB/PC-STATE Tuberculosis Prevention and Control -State Page 1 of 21 7. Statement of Work: SECTION I: FY16 FRAMEWORK FOR DELIVERY OF TUBERCULOSIS SERVICES: The Statement of Work establishes parameters in which local health departments (LHDs) receiving state funds will deliver services to maintain an effective infrastructure that promotes consistent public health practices for the health and well-being of Texans. Local health departments shall comply with the most current version of the Tuberculosis Work Plan located at http:llwww.texastb.orglpolicies and all applicable state laws, regulations, standards and guidelines. Local health departments shall perform the following in accordance with the Tuberculosis Work Plan: 'Implement a comprehensive TB prevention and control program; 'Develop and maintain TB policies and procedures; •Provide services to evaluate, treat, and monitor clients with suspected or confirmed TB disease; • Initiate contact investigations; ' Provide services to evaluate, treat, and monitor contacts to suspected or confirmed cases of pulmonary, pleural, or laryngeal TB disease; •Provide treatment services for at -risk persons diagnosed with TB infection; •Develop and maintain surveillance mechanism for early identification and reporting of TB; 'Perform Targeted testing; • Submit designated reports by established deadlines and schedules using DSHS-approved mechanisms; •Apply appropriate administrative, environmental, and respiratory controls to prevent exposure to and transmission of Mycobacterium tuberculosis; 'Provide professional education, training and orientation for new TB program staff and continuing education for current TB program staff; 'Monitor budget expenditures and maintain accurate and concise records; •Comply wth confidentiality and security standards; ' Monitor and participate in correctional TB control activities; •Perform self -auditing activities to assess clinical care services and reporting practices; and •Perform ongoing continuing quality improvement activities to meet Texas performance measures. A. PROVISION OF SERVICES: Throughout the Contractor's defined service area, Contractor shall develop and provide services and associated activities to prevent and control tuberculosis in their jurisdiction. Contractor shall perform activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8. "Service Area" of this contract. Contractor shall provide these services in compliance with the following: • All TB and Refugee Health Service Branch (TB Branch) standards and policies on TexasTB.org; • DSHS Tuberculosis Work Plan, http:llwww.dshs.state.tx.uslidculdiseaseltblpoliciesl; • DSHS Standards of Performance for the Prevention and Control of Tuberculosis, 2008, http://www.dshs.state.bc.us/idcu/disease/tb/policies/; • American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB, 2003, http://www.cdc.gov/mmwripreview/mmwrhtml/rr5211al.htm; • Diagnostic Standards and Classification of Tuberculosis in Adults and Children, American Journal of Page 2 of 21 Respiratory and Critical Care Medicine, Vol. 161, pp. 1376-1395, 2000, http://atsjou rnals.orgldoi/abs. 10.1164/ajrccm.161.4.16141 #.vrm6roko4dy; • Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, http://www.cdc.gov/mmwr/PDF/rr/rr4906.pdf; • Updated: Adverse Event Data and Revised ATS/CDC Recommendations against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis Infection -- United States, 2003, MMWR 52 (No. 31), http://www.cdc.gov/mmwr/preview/mmwrhtmllmm5231a4.htm; • Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005, http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5412al.htm; • Guidelines for the Prevention and Treatment of Opportunistic Infections Among HIV -Exposed and HIV -Infected Children, http:/fwww.cdc.gov/mmwr/pdf/rrlrr58e0826.pdf; and • Tuberculosis Surveillance Data Training Report of Verified Case of Tuberculosis (RVCT) Instruction Manual, http://www.cdc.gov/tb/programs/rvctllnstructionManual.pdf. Contractor shall comply with all applicable federal and state regulations and statutes, including but not limited to, the following: • Tuberculosis Code, Texas Statutes, Health and Safety Code, Chapter 13, Subchapter B; • Communicable Disease Prevention and Control Act, Texas Statutes, Health and Safety Code, Chapter 81, • Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities, Texas Statutes, Health and Safety Code, Chapter 89; • Control of Communicable Diseases, Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A; • Tuberculosis Screening for Jails and Other Correctional Facilities, Texas Administrative Code (TAC), Title 25, Part 1, Chapter 97, Subchapter H; and • Retention of Medical Records, General Provisions Article VIII "Records Retention" and by Texas Administrative Code Title 22, Part 9, Chapter 165, §165.1. Contractor shall perform all activities under this Program Attachment in accordance with the Tuberculosis Work Plan, and detailed budget as approved by DSHS. Contractor must receive written approval from DSHS before varying from applicable procedures in the Tuberculosis Work Plan. If approval is provided, the Contractor shall update their policies and procedures within five (5) working days so that staff working on activities under this contract knows of the change(s). Contractor shall provide TB services to individuals with suspected or confirmed TB disease including persons identified as a contact to a known case or suspect, refugees and class B immigrants regardless of their ability to pay for services. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Renewal Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. CONFIDENTIALITY Contractor will designate and identify a HIPAA Privacy Officer, who is authorized to act on behalf of Contractor and is responsible for the development and implementation of the privacy and security requirements of federal and state privacy laws. Contractor shall designate, from its staff, a Local Responsible Party (LRP) who has the overall Page 3 of 21 responsibility for ensuring the security of the TB/HIV/STD confidential information maintained by Contractor as part of activities under this Program Attachment. The LRP must: •Ensure that appropriate policies/procedures are in place for handling confidential information, for the release of confidential TB/HIV/STD data, and for the rapid response to suspected breaches of protocol and/or confidentiality. These policies and procedures must comply with DSHS policies and procedure (Contractor may choose to adopt those DSHS policies and procedures as its own). •Ensure that security policies are reviewed periodically for efficacy, and that the Contractor monitors evolving technology (e.g. new methods hackers are using to illegally access confidential data; new technologies for keeping confidential data protected from hacking) on an on-going basis to ensure that the program's data remain as secure as possible. •Approve any Contractor staff requiring access to TB/HIV/STD confidential information. LRP will grant authorization to Contractor staff who have a work-related need (i.e. work under this Program Attachment) to view TB/HIV/STD confidential information. • Maintain a list of authorized Contractor staff persons who have been granted permission to view and work with TB/HIV/STD confidential information. The LRP will review the authorized user list ten (10) days from the effective date of this Program Attachment to ensure it is current. All Contractor staff with access to confidential information will have a signed copy of a confidentiality agreement on file and it be updated once during the term of this Program Attachment. •Ensure that all Contractor staff with access to confidential information will be trained on TB/HIV/STD security policies and procedures before access to confidential information is granted and that this training will be renewed once during the term of this Program Attachment. • Ensure that all Contractor staff with access to confidential information will be trained on federal and state privacy laws and policies before access to confidential information is granted and that this training will be renewed once during the term of this Program Attachment. •Thoroughly and quickly investigate all suspected breaches of confidentiality in consultation with the DSHS LRP, all in compliance with the DSHS Program Policy TB/HIV/STD and Viral Hepatitis Breach of Confidentiality Response Policy" http://www.dshs.state.tx.us/hivstd/policy/security.shtm. •Ensure that all required quarterly reports will be submitted on time. Contractor shall include the following in their security procedures: •Computers and networks meet DSHS security standards, as certified by DSHS IT staff ' Provide a list to DSHS of personnel with access to secured areas and of all identified personnel who have received security training •Provide a list to DSHS of personnel with access to all network drives where confidential information is stored and all identified personnel received security training • Requests for TB/HIV/STD systems user account terminations are sent to DSHS within 1 business day of the identification of need for account termination 'Transfer secure data electronically using the Public Health Information Network •A visitors log for individuals entering the secured areas and reviewed quarterly by the LRP 'TB/HIV/STD system user passwords changes verified by the LRP at least every 90 days 'Confidential data were: •Maintained in a secured area Page 4 of 21 •Locked when not in use •Confidential documents are not left in plain sight 'Shredded before disposal 'Portable devices that are used to store confidential data are approved by the LRP and encrypted B. USE OF FUNDS: Contractor shall demonstrate fiduciary responsibility in administering program funds. Contractor will be subject to adjustments in award amounts based on changes to the number of clients served, utilization of funds, or other factors. Contractor shall provide a match of no less than 20% of the total budget reflected in the Program Attachment. Contractor shall provide match at the required percentage or DSHS may withhold payments, use administrative offsets, or request a refund from Contractor until such time as the required match ratio is met. No federal or other grant funds can be used as part of meeting the match requirement. Contractor shall not use DSHS funds or matching funds (including in-kind contributions) for: 1. Entertainment; or 2. Sectarian worship, instruction, or proselytization. However, food and incentives are allowed using DSHS funds, but are not allowed for matching funds (including in-kind contributions). Contractor shall: 1. Lapse no more than 5% of the total funded amount of the contract; 2. Maintain and adjust spending plan throughout the contract term to avoid lapsing funds; and 3. Maintain staffing levels to meet required activities of the contract and to ensure all funds in personnel category are expended. Contractor's budget shall include costs to cover: 1. Required TB trainings; 2. Continuing education training; and 3. Patient transportation, i.e. ambulance services as needed. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfall. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total contract amount as approved for this Program Attachment, Contractor's budget may be subject to a decrease for the remainder of the Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Contractor agrees to read DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. http://www.dshs.state.tx.us/contracts/cfpm.shtm. Page 5 of 21 C.MEDICATIONS AND SUPPLY INVENTORY MANAGEMENT: Contractor shall order TB medications through DSHS-enabled pharmacy ordering system. Contractor shall ensure that TB medications and supplies purchased with DSHS TB Branch funds are used in a prudent manner that contributes to disease control in their service area and shall not be distributed to entities for which the Contractor does not provide treatment oversight. Contractor shall monitor and manage its usage of TB medications and testing supplies furnished by DSHS in accordance with first -expiring -first -out (FEFO) principles of inventory control and set maximum stock levels at a two (2) month average usage. Contractor shall count DSHS-purchased medications and supplies, on a monthly basis, and reconcile their inventory according to the product and lot number listed in the DSHS Inventory Tracking Electronic and Asset Management System (ITEAMS). Contractor will coordinate with !TEAMS inventory staff to ensure their TB orders comply with best practices. Contractor shall perform these tasks no later than the seventh working day of the month, using the DSHS-designated electronic management system and procedures established by the TB Branch. Products that have not been used in six (6) months, or will not be used in six (6) months shall be returned to DSHS Pharmacy or transferred to another TB program where the demand may be greater and recorded in !TEAMS. All DSHS-purchased medications shall be stored properly and securely, in accordance with manufacturer's instructions (refer to TB Work Plan, Section V). Contractor shall obtain a TB expert physician consultation and approval from the TB Branch prior to ordering the following second -line medications: .Injectable Agents: capreomycin, kanamycin, amikacin, streptomycin; •Fluoroquinolones: Ievofloxacin (Levoquin), ciprofloxacin, moxifloxacin, ofloxacin; •Bacteriostatic Agents: ethionamide, para-aminosalicylic acid, cycloserine; and .Other Agents: clofazamine, linezolid, bedaquiline, clarithromycin, amoxicillin. Contractor may distribute Purified Protein Derivative (PPD) and syringes for TB skin testing to correctional facilities that meet Texas Health and Safety Code, Chapter 89 requirements. Contractor shall monitor distribution of these items in accordance with screening activities submitted on the correctional monthly report. D. USE OF INTERFERON GAMMA RELEASE ASSAY TESTS: Contractor shall: 1.Perform tuberculosis screenings using DSHS-supplied interferon gamma release assays (IGRA) specifically T-SPOT®.TB or QuantiFERONGD—TB Gold in -tube tests for the following populations in accordance with DSHS-approved age requirements: a.TB suspects; b.TB cases; c.Contacts to TB suspects and cases — Consultation with the TB Branch is required for contact investigations in which 50 or more persons are targeted for screening; d.Targeted testing except screening in correctional facilities — Monthly screening reports shall be submitted in accordance with reporting schedule; and e.Routine screening of employees providing TB services. Page 6 of 21 2.IGRA testing products/supplies supported by DSHS funds shall not be provided to any organization or establishment without documented approval from the TB Branch. E. CONDUCT SURVEILLANCE: Contractor shall: 1.Contact providers that deliver TB care to at -risk populations within Contractor's service area to obtain data of unreported cases (refer to TB Work Plan, Section VIII, B); 2.Submit Surveillance Quality Assurance Template via the Public Health Information Network (PHIN) to the Surveillance Branch (refer to TB Work Plan, Section VIII, A); 3.Identify high risk groups and congregate settings for which testing for TB infection (TBI) and disease are justified. The goal for target testing is to identify, evaluate, and treat persons who are at high risk for TB infection or at high risk for developing TB disease, once infected with M. tuberculosis (refer to TB Work Plan, Section VIII, B). F. REPORTING: Contractor shall: 1.Provide a complete and accurate Annual Progress Report covering the period from January to December 2015, in the format provided by DSHS, demonstrating compliance with requirements of the Program Attachments during that time period. The report shall include, but not limited to, a detailed analysis of performance related to the performance measures (see Section II FY16 Performance Measures). The Contractor's Annual Progress Report shall not be combined with another Contractor's or health service region's Annual Progress Report. The report is due March 15, 2016, and shall be sent to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us (refer to TB Work Plan, Section IX, 0). Any individual -level patient data must be sent via the PHIN. Contractors can mail the Annual Progress Report to their DSHS Health Service Region (HSR) thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to a DSHS HSR, the deadline for submission to the TB Branch remains unchanged; 2.Ensure designated reports for Cases, Suspects and Contact Investigations are submitted by established deadlines and schedules using DSHS-approved mechanisms (refer to TB Work Plan, Section IX); 3.Submit monthly correctional TB screening reports from those jails and community corrections under Texas Health and Safety Code Chapter 89 Requirements (refer to TB Work Plan, Section IX, N); 4.Submit completed Cohort Review documents for the appropriate cohort year and quarter to the TB Branch via the PHIN (refer to TB Work Plan, Section IX, P); 5.Submit completed Incident Report(s) and weekly written updates for media sensitive situations and or large contact investigations (= 50 contacts, or in a school = 25 contacts) are sent to the TB Branch via the PHIN (refer to TB Work Plan, Section 1X, Q); 6.Conduct DGMQ airline contact investigations and report to the TB Branch (refer to TB Work Plan, Section IX, R); and 7.Submit a Report of Adverse Drug Reaction to the TB Branch Nurse Case Manager Consultant (or designee), if a TB Suspect or Case dies or is hospitalized due to an adverse drug reaction (refer to TB Page 7of21 Work Plan, Section IX, S). G. MAINTAIN A COMPETENT WORKFORCE: Contractor shall provide professional education, training and orientation for new TB program staff and continuing education for current TB program staff to include: physicians, nurses, contact investigators, outreach workers, case registry staff, receptionists, epidemiologists, and other support staff (refer to TB Work Plan, Section XI). Within 90 days of employment, all newly hired employees shall complete 40 hours of required TB training specific to their duties and responsibilities. Refer to the TB Work Plan for required trainings for newly hired employees. Each year, employees providing TB services shall receive 16 hours of continuing education or training relevant to their position. Documentation of all training (including the name of staff person, job title, hours received, course name, and date of course) shall be retained for each employee who delivers TB services and made available upon request by the TB Branch and listed in detail in the Accomplishments section of the Annual Progress Report (refer to TB Work Plan, Section XI, C). Contractor shall provide to the TB Branch, "Notice of Change in TB Personnel" form no later than the 5th day of each month (see Attachment A). Contractor's case registry staff shall attend annual medical records conference and workshop to obtain the latest records management procedures. By October 14th of each year, Contractor shall submit documents demonstrating acknowledgment of jurisdictional TB policies and procedures by TB personnel. Orders and procedures are to be reviewed and signed at least annually by all employees delivering TB clinical (registered nurses, licensed vocational nurses, and non -licensed staff) or data services (epidemiologists, case registrars, etc.). Each Contractor shall send the following documents to the TB Branch via the PHIN; Nurse Admin folder: 1.Copy of fully signed TB Policies and Procedures signature page, and 2.Copy of table of contents listing all enacted TB policies and procedures with the period of time the policies and procedures are valid. H. INITIATE AND MAINTAIN AUDITING AND QUALITY ASSURANCE PRACTICES: Contractor must ensure that appropriate clinical and reporting standards are adequately maintained for audit activities (refer to TB Work Plan, Section XVI). Contractors are subject to audits, desktop reviews and site visits at the discretion of DSHS. SECTION II: FY16 PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of the Contract or any other method of determining compliance (refer to TB Work Plan, Section XVI): 1.Newly-reported TB cases shall have an HIV test performed (unless they are known HIV-positive, or if the patient refuses) and shall have positive or negative HIV test results reported to DSHS according to the Page 8 of 21 reporting schedule provided in Section 1, B herein. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not Tess than 82.9% is required. If fewer than 82.9% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 2.Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Directly Observed Therapy (DOT). For FY16 reporting, data will cover all cases from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not Tess than 91.6% is required. if data indicates a compliance percentage for this Performance Measure of less than 91.6%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 3.Newly-reported suspected cases of TB disease shall be started in timely manner on the recommended initial 4 -drug regimen. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 93.4% is required. If fewer than 93.4% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 4.Newly-reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease shall have sputum acid-fast bacilli (AFB) -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 91.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 5.Newly-reported cases of TB with AFB positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014-12/31/2014). A compliance percentage of not less than 47% is required. If data indicates a compliance percentage for this Performance Measure of less than 47%, then DSHS may (at its sole discretion) require additional measures be taken by contractor to improve the percentage, on a timeline set by DSHS; 6. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months shall complete therapy within 365 days or less. *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a Page 9 of 21 positive blood culture for TB. For FY16 reporting, data will cover all cases from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 87% is required. If data indicates a compliance percentage for this Performance Measure of less than 87%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 7. Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 8. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 97.8% is required. If data indicates a compliance percentage for this Performance Measure of less than 97.8%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 9. Newly -reported TB patients with a positive AFB sputum -smear result shall have at least three contacts identified as part of the contact investigation that must be pursued for each case. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 92% is required. If data indicates a compliance percentage for this Performance Measure of less than 92%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10. Newly -identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case shall be evaluated for TBI and disease. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 82.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 82.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 11. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case and that are newly diagnosed with TBI shall be started on timely and appropriate treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not Tess than 70% is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a Page 10 of 21 timeline set by DSHS; 12. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case that are newly diagnosed with TBI and that were started on treatment shall complete treatment for TBI as described in Targeted Tuberculin Testing and Treatment of Latent TB infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000; according to timelines given, therein. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 50% is required. If data indicates a compliance percentage for this Performance Measure of less than 50%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 13. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate a medical evaluation within 30 days of arrival. Arrival is defined as the first notice or report; whether that is by fax, phone call, visit to the health department or EDN notification. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 62% is required. If data indicates a compliance percentage for this Performance Measure of less than 62%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 14. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate and complete a medical evaluation within 90 days of arrival. For FY16 reporting data will be drawn from calendar year 2015 (1/1/2015-12/31/2015). A compliance percentage of not less than 45% is required. If data indicates a compliance percentage for this Performance Measure of less than 45%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US, increase the proportion who start treatment. For FY16 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not Tess than 64% is required. If data indicates a compliance percentage for this Performance Measure of less than 64%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; and 16. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US and started on treatment, increase the proportion who complete TBI treatment. For FY16 reporting, data will be drawn from calendar year 2014 (1/1/2014 -12/31/2014). A compliance percentage of not less than 70% is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. Page 11 of 21 Contractor shall maintain documentation used to calculate performance measures as required by General Provisions Article VIII "Records Retention" and by Texas Administrative Code Title 22, Part 9 Chapter 165, §165.1 regarding retention of medical records. All reporting to DSHS shall be completed as described in Section I, "D. Reporting" and submitted by the deadlines given. If Contractor fails to meet any of the performance measures, Contractor shall furnish in the Annual Progress Report, due March 15, 2016, a written narrative explaining the barriers and the plan to address those barriers. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. SECTION III: BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation can be mailed, faxed or sent via e-mail: Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us and to CMU.invoices@dshs.state.ts.us. Page 12 of 21 8. Service Area Nueces County Page 13 of 21 This section intentionally left blank. Page 14 of 21 10. Procurement method: Non -Competitive Interagency/Interlocal GST -2012 -Solicitation -00061 FY14 TB State 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2016 12. Payment Method: Cost Reimbursement 13. Source of Funds: STATE 14. DUNS Number: 069457786 Page 15 of 21 15. Programmatic Reporting Requirements: Report Name Frequency Annual Report Annually Financial Status Quarterly Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly Reports (FSRs) & Match ReimbursementlC ertification Forms (B-13As) Financial Status Quarterly Reports (FSRs) & Match Reimbursement/C ertification Forms (B-13As) Submission Instructions: Period Begin January 1, 2015 September 1, 2015 Period End December 31, 2015 November 30, 2015 Due Date March 15, 2016 December 31, 201! December 1, 2015 February 29, 2016 March 31, 2016 March 1, 2016 May 31, 2016 June 30, 2016 June 1, 2016 August 31, 2016 October 17, 2016 Annual Report: Submit program reports to the TB Reporting Mailbox - TBContractReporting@dshs.state.tx.us. Financial Status Reports: Claims Processing Unit, MC1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 The fax number is (512) 776-7442. The email address is invoices@dshs.state.tx.us Page 16 of 21 16. Special Provisions SECTION IV: FY16 SPECIAL PROVISIONS: General Provisions, ARTICLE VII CONFIDENTIALITY, Section 7.03 Exchange of client -identifying information, is revised to include the following: Neither Contractor, nor any subcontractor, shall transfer a client or patient record through any means, including electronically, to another entity or person, or subcontractor without written consent from the client or patient, or someone authorized to act on his or her behalf; however, DSHS may require Contractor, or any subcontractor, to timely transfer a client or patient record to DSHS if the transfer is necessary to protect either the confidentiality of the record or the health and welfare of the client or patient, or is otherwise provided by law. DSHS shall have timely access to a client or patient record in the possession of Contractor, or any subcontractor, under authority of the Texas Health and Safety Code, Chapters 81 and 85, and the Medical Practice Act, Texas Occupations Code, Chapter 159. In such cases, DSHS shall keep confidential any information obtained from the client or patient record, as required by the Texas Health and Safety Code, Chapter 81, and Texas Occupations Code, Chapter 159. General Provisions, Article XXIII, Program Funds and Payment, Section 23.04 Nonsupplanting, is revised to include the following: Funding from this Contract shall not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Contract) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity. Contractor shall maintain local funding at a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' share set out in SECTION VII. BUDGET, Contractor shall supply funds for the remaining costs in order to accomplish the objectives set forth in this Contract. All revenues directly generated by this Contract or earned as a result of this Contract during the term of this Contract are considered program income; including income generated through Medicaid billings for TB related clinic services. Contractor may use the program income to further the scope of work detailed in this Contract, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. General Provision, ARTICLE XIV, General Terms, Section 14.12, Amendment is revised to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 17 of 21 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-001398-00 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 Exhibit A: Personnel Form 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 AP ved as to i �L. A tant t City Attorney Page 18 of 21 Budget Summary Organization Name: Corpus Christi Public Health District Contract Number: 2016-001398-00 Budget Categories Program ID: TB/PC-STATE Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $22,982.00 $0.00 $0.00 $22,982.00 Fringe Benefits $13,215.00 $0.00 $0.00 $13,215.00 Travel $3,924.00 $0.00 $0.00 $3,924.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $2,849.00 $457.00 $0.00 $3,306.00 Contractual $18,675.00 $0.00 $0.00 $18,675.00 Other $0.00 $11,872.00 $0.00 $11,872.00 Total Direct Costs $61,645.00 $12,329.00 $0.00 $73,974.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $61,645.00 $12,329.00 $0.00 $73,974.00 Page 19 of 21 Exhibit A: Personnel Form Organization Name: Corpus Christi Public Health District Contract Number: 2016-001398-00 Program ID: TB/PC-STATE Contract Term: 09/01/2015 - 08/31/2016 Program Name: Tuberculosis Prevention and Control Tuberculosis and Refugee Health Services Branch NOTICE OF CHANGE in TB PERSONNEL (To be completed only when there is a change in personnel) Submit no later than the 5th day of each month Submit to Staff Services Officer: Lara.Miller@dshs.state.tx.us Month / Year Local Health Department/Health Service Region Contact Person Phone Number Check all that apply: NEW HIRE NAME CHANGE NEW FTE TRANSFER PROMOTION RESIGNATION RECLASSIFICATION RETIREMENT TERMINATION OTHER (SPECIFY) PERSONNEL INFORMATION Name as Listed on Payroll Supervisor Work Location Phone & Phone Extension Position Title Effective Date New Base Salary Last Physical Day on Duty Summary of Duties Page 20 of 21 Percent Paid by State Funds Percent Paid by Federal Funds Percent Paid by Neither State nor Federal Funds Page 21 of 21 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 ha%e been paid or w ill be paid, by o r on behalf of the undersigned, to an 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 an) 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 1%II 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 1, "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 suba%yards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipient, shall certify and disclose accordingly. This certification is a material representation of fact upon ‘cltich 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, 1:.S. Code. Any person who fails to file the required certification shall be subject to a civil penait) of not less that 510,000 and not more than 5100,000 for each such failure. Signature Late Print Name of Authorized Individual - l 3 O) 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. !f 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: 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.usps.com DUNS Number: 9 -digits Required www.sam.gov - k State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date _1_ Department of State Health Services Form 4734 --June 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 n 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 ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000, Mary Redd:50000;Eric Gant:400000.:Todd Platt:300000; Sally Tom:300000 Provide compensation information here: -4- Department of State Health Services Form 4734 — June 2013 Fiscal Year 2016 Department of State Health Services Contract General Provisions ARTICLE! CONTRACT COMPONENTS 4 SECTION 1.01 CONTRACT CO,►I PONENTS 4 SECTION 1.02 ORDER OF PRECEDEN{'E 4 ARTICLE 1I COMPLIANCE AND REPORTING 4 SECTION 2.01 COMPLIANCE 4 SECTION 2.02 PRECEDENCE OF CONTRACT TERMS 4 SECTION 2.03 EFFECT OF LEGISLATIVE CHANGES 4 SECTION 2.04 COMPLL►NCE WIT1I REQUIREMENTS OF SOLICITATION DOCUMENT 4 SECTION 2.05 REPORTING 4 SECTION 2.06 APPLICABLE CONTRACTS LAVA AND VENUE FOR DISPUTES 4 SECTION 2.07 STATUTES AND STANDARDS OF GENERAL APPLICABILITY 4 SECTION 2.08 APPLICABILITY' OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS 6 SECTION 2.09 CIA IL RIGHTS POLICY ,1ND COMPLAINTS 7 SECTION 2.10 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPRO►'ALS 7 SECTION 2.11 FUNDING OBLIGATION 7 SECTIO'' 2.12 WHISTLEBLOWER ACT PROTECTION 7 ARTICLE 111 SERVICES 7 SECTION 3.01 EDl'C:1TlON TO PERSONS IN RESIDENTIAL FAC1LITIES 7 SECTION 3.02 DISASTER SERVICES 8 SECTION 3.03 CONSENT TO MEDIC►L CARE OFA MINOR 8 SECTION 3.04 TELEMEDICINEITELEPSYCIIIATRY' MEDICAL SERVICES 8 SECTION 3.05 SERVICES AND INFORMATION FOR PERSONS NVITH LIMITED ENGLISH PROFICIENCY' 9 ARTICLE IV FUNDING 9 SECTION 4.01 DEBT TO STATE AND CORPORATE STAB S 9 SECTION 4.02 APPLICATION OF PAYMENT DUE 9 ARTICLE V PAYMENT METHODS AND RESTRICTIONS 9 SECTION 5.01 PAYMENT METHODS 9 SECTION 5.02 INVOICE/BILLING SUBMISSION 9 SECTION 5.03 FINAL INVOICE/BILLING SUBMISSION 10 SECTION 5.04 TIIIRD PARTY PAYORS 10 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 10 SECTION6.01 PROMPT P►YMENT 10 SECTION 6.02 PAYMENT B1 DEPARTMENT 10 SECTION 6.03 WITHHOLDING PAS 'AUNTS 11 ARTICLE VII CONFIDENTIALITY 1I SECTION 7.01 MAINTENANCE OFCONFIDENTIALITY' 11 SECTION 7.02 DEPARTMENT ACCESS TO PHI AND OTIIER CONFIDENTIAL INFORMATION 11 SECTION 7.03 EXCHANGE OFCLIENT-IDENTIFYING INFORMATION I 1 SECTION 7.04 SECURITY OF PATIENT OR CLIENT RECORDS I 1 SECTION 7.05 H1V/AIDS MODEL WORkPLACE GIUIDELINES 12 General Provisions (September 1, 2015) -- Applicable to Local Health Departments Only ARTICLE VIII PUBLIC INFORMATION ACT 12 SECTION 8.01 TEXAS P4 BLIC INFORMATION ACT 12 ARTICLE 1X 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 M DITOR'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 SIGNIFIC:1NTINCIDENTS 14 SECTION 11.03 LITIGATION 14 SEcTioN 11.04 CONTRACTOR LICENSE ACTION AGAINST THE CONTRACTOR 14 SECTION 11.05 INSOLYENCI 14 SECTION 11.06 PERFORMIANCEMALFEASANCE 14 SECTION 11.07 CRIMINAL ACTIVITY AND DISCIPLINARY ACTION 15 SECTION 11.08 RETALIATION PROHIBITED 15 SECTION 11.09 DOCUMENTATION 15 ARTICLE XII ASSURANCES AND CERTIFICATIONS 15 SECTION 12.01 CERTIFICATION 15 SECTION 12.02 CIIILD Si PPORT DELINQUENCIES 16 SECTION 12.03 AUTHORIZATION 16 SECTION 12.04 GIFTS AND BENEFITS PROHIBITED 16 SECTION 12.05 INELIGIBILITY TO RECEIVE TIIE CONTRACT 16 SECTION 12.06 ANTITRUST 17 ARTICLE XIII GENERAL BUSINESS OPERATIONS OFCONTRACTOR 17 SECTION 13.01 PROGRAM SITE 17 SECTION 13.02 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) 17 SECTION 13.03 BUY TEXAS 17 SECTION 13.04 STATUS OF SUBCONTRACTORS 17 SECTION 13.05 INDEPENDENT CONTRACTOR 18 SECTION 13.06 TAX LIABILITY 18 SECTION 13.07 NOTICE OF ORGANIZATIONAL CH :INCE 18 SECTION 13.08 No ENDORSEMENT 18 SECTION 13.09 E -VERIFY SYSTEM 18 ARTICLE XIV GENERAL TERMS 18 SECTION 14.01 ASSIGNMENT 18 SECTION 14.02 LOBBYING 19 SEcrioN 14.03 CONFLICT OF INTEREST 19 SECTION 14.04 TRANSACTIONS BETWEEN RELATED PARTIES 20 SECTION 14.05 INTELLECTUAL PROPERTY 20 SECTION 14.06 OTHER INTANGIBLE PROPERTI 21 SECTION 14.07 SEVERABILITY AND AAIBIGUITI21 SECTION 14.08 LEGAL NOTICE 21 SECTION 14.09 SUCCESSORS 21 SECTION 14.10 SURVIVABILITY OFTERYMS 21 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 2 SECTION 14.11 SECTION 14.12 SECTION 14.13 SECTION 14.14 SECTION 14.15 SECTION 14.16 SECTION 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SECTION 16.01 SECTION 16.02 SECTION 16.03 ARTICLE XVII SECTION 17.01 SECTION 17.02 SECTION 17.03 SECTION 17.04 SECTION 17.05 SECTION 17.06 ARTICLE XVIII SECTION 18.01 SECTION 18.02 SECTION 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SECTION 19.03 SECTION 19.04 SECTION 19.05 CUSTOMER SERVICE INFORMATION 21 AMENDMENT 21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL 21 UNILATERAL AMENDAIEM1T 21 INTERIM EXTENSION AMENDMENT 22 IMMUNITY NOT WAIVED 22 HOLD HARMLESS AND INDEMNIFICATION 22 WAIVER 22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITY STANDARDS 22 FORCE MAJEURE 24 COOPERATION AND COMMUNICATION 24 INSURANCE 24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 25 ACTIONS CONSTITUTING BREACH OF CONTRACT 25 GENERAL REMEDIES AND SANCTIONS 25 NOTICE OF REMEDIES OR SANCTIONS 26 EMERGENCY ACTION 26 CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE 27 BREACH OF CONTRACT CLAIM 27 NOTICE 27 PERFORMANCE NOT SUSPENDED 27 TERMINATION AND TEMPORARY SUSPENSION 27 EXPIRATION OF CONTRACTOR PROGRAM ATTACHMENTS 27 EFFECT OF TERMINATION OR EXPIRATION 27 TERMINATION OR TEMPORARY SUSPENSION WITHOUT CAUSE 27 IMMEDIATETERMtNAT1ON 28 TERMINATION FOR CAUSE 28 NOTICE OF TERMINATION 28 VOID, SUSPENDED AND TERMINATED CONTRACTS 28 VOID CONTRACTS 28 EFFECT OF VOID, SUSPENDED, OR IN►'OLI WARILY TERMINATED CONTRACT 28 APPEALS RIGirrs FOR DSHS FUNDED BLOCK GRANTS 28 CLOSEOUT 28 CESSATION OF SERVICES AT CLOSEOUT 28 ADM1NISTRATI► E OFFSET 29 DEADLINE FOR CLOSEOLI 29 PAY MEAT OF REFUNDS 29 DISALLOWANCES AND ADJUSTMENTS 29 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 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; 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, 2015) — Applicable to Local Health Departments Only 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 §§ 1 101 et seq., relating to drug abuse; 12. Public Health Service Act of 19I2, §§ 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; d. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and 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; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; I. 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, 2015) - Applicable to Local Health Departments Only 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 II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§460I et seq (PL 9I-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 I, 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 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (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 4.01; General Provisions (September 1, 2015) • Applicable to Local Health Departments Only 6 5. Application of Payment Due. Section 4.02; and 6. Article XVI 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 FIFISCivilRightsOffice@hhsc.state.tx.us 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, 2015)-- Applicable to Local Health Departments Only 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 Iaws; 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, 2015) — AppIicable to Local Health Departments Only 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 InvoiceBilling Submission. General Provisions (September 1, 2015) - AppIicable to Local Health Departments Only 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; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department 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, andior 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, 2015) -- AppIicable to Local Health Departments Only 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 health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state 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 1 59; and d. Any other applicable federal and state laws, rules or regulations. The HHS Data Use Agreement, executed by the Parties, 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. 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(ex3)(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 § 6 I 4.017(a)(2) relating to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall 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, 201 5) 1] 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.uslhivstdlpolicv'policies.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, 2015) 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; 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, 2015) 13 Contractor shall use the DSHS Child Abuse Reporting Form located at wvw.dshs.state.tx.us/childabusereporting 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, if any. 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 ar 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 ar 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, 2015) 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 http://sao.fraud.tate,tvus, and to the HHS Office of Inspector General at http://www.oig.hhs.gov/fraud/hotline/ 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. 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-1), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) 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, 2015) 16 a. Pursuant to Texas Government Code § 2I 55.004 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. I, 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 reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed changes shall be effective under this Contract. Contractor shall make a good faith effort to subcontract with HIJBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15'i' 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, 2015) 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, 2015) I8 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. lf, 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, 2015) 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 Intelllectual 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, 2015) 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, 2015) ?1 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. DSHS/HHSC 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 (b)(l) 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 (bX2) 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 THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 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, 2015) 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 ofa 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 I 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 Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative 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. 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. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 ii. If the Products will be in the custody of the state or a 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 all 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 severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure 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 I, 2015) 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 refunds 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 General 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, 2015) 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, 2015) 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, 2015) 27 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. If Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition 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, 2015) 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, 2015) 29 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX DSHS GENERAL PROVISIONS 31 ARTICLE XXI PROGRAM OPERATIONS 31 Section 21.01 Client Fin ancia/ Eligibility. 31 Section 21.02 Contracts with Subrecipient nod Vendor Subcontractors. 31 Section 21.03 Incorporation af Terms in Subrecipient Subcontracts. 31 Section 21.04 Quality M nagement 4+ ++ 9 4+kk 11+6 09 + 32 Section 21.05 Co nt racto r's No ti ficati on of C ha rig e to Certain Contract Provis ions32 - Sec t ion 21..06 Respon haw r; au ci Res tri aloes C on cerning C overnin g Hotly . Officers and Employees... 32 Section 21.07 Direct Operation. 33 ARTICLE XXII PROGRAM EQUIPN1 ENT AND SUPPLIES 33 Section 22.01 Equipment. 33 Section 22.02 Equipment List. 33 Section 22,03 Supplies. . . . 4 + . 6044.60444.6.14934 Section 22.04 Property Inventory and Protection or Assets.. _ .... . __ ............ • — i M.,..g. 341 Section 22.05 Assets as Collateral! Probibiied. 34 ARTICLE XXIII PROGRAM FUNDS AND PA -METS 34 Section 2101 Use of Fusids 34 Section 23.02 Section 23.03 Program Income 35 S r c Liu ri 23.0-1 Nonsimplanting. 35 Section 23.05 Pa1r talent Methods 35 Section 23,.06 Financial Status Reports (FSR.5). . ... .. .... .------.. 4.0 35 Section 23.07 Working Capital Advance. .. I 11, MF .1 5 4 Ml. M. M. M4 MP ... 35 Section 23. Condition Precedent to Requesting Payment. 36 Section 23.09' Management and Control Systems. 1. 4+666e1 4. 194i. + + + ... 4 36 Section 23.10 Effect of Grant Close Old. 36 GenctkiltiliCT1311MNIVAtigeRticilltiEN:065 AND A LI Dia REQUIREMENIS 16 30 Section 24.01 Altow-a'ble Costs..,;..............................<.. If Fi 54.9 P.F4 49.14 ie..-.-,..,,.4..........--....--.....--., 36 Section 24.02 l'roperty,Aequisitians37 Section 24.03 Cost :Allocution Plan... ...................... .... ...........................-9999.-....._... 38 Section 24.04 Oi°ertimeCom prnsutioti. 38 Section 24.05 Independent Single or Program-Specific Malt. . Y 4 38 Section 24.06 Skrbrruttiurrlir Audit. 39 ARTICLE XXV INSURANCE AND &NDS 39 Section 25.01 Insurance,-.....,,.».,,.».................................... 39 Section 25.02 Fidelity Sued.........,..... 40 Scctian 25.13 Liability Covcregr. 40 ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOL'T.--4449.-.,...-9449.-- ,..---,,.--„< 40 Section 26.4[ Filial Bodge. 40 Section 26.42 RunkPuptcy. ,., .--4994--44994 e 4.---9999---F 1, ....,.... .................9999-9999..-9999...-999940 Section 26,03 Title to Property. 41 Section 26,04 Disposition of Property, ......................... ...........,.......... 41 Section 26.05 Closeout nfE.quap:Melltt. ,.-9944..--.,,,-.,,....,.,,......................,,,r,.....,,..--,,.....,....-„».,-,.,...,.. 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS 4I General Provisions (September 1, 2015) 31 ARTICLE XX DSIIS 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 Subrecipient 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 XII of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 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 Sections 14.03 and 14.04, or any of the certifications stated in Article XII 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°o 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, 2015) 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.1or 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 8. 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 must be 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, 2015) 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 22.04. 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 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 Iater than October 15th of each year. The report is located on the DSHS website at: http://www.dshs.state.tx.usicontractsiforith,slitm. 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, 2015) 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 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, 2015) 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, 2015) 3 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. Applicable Cost principles, Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A -I 10 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at httpa/www.dshs.state.tx.us/contracts/links.shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 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, 2015) 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: coscap_a�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 010 to do so, Contractor shall be subject to DSHS sanctions and remedies for non- compliance with this Contract. Subrecipient General Provisions (September 1, 2015) 38 f. 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 lutp://www.dshs.state.tx.us:contracts.links.shtm. g. 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(dshs.state.tx.us Electronic submission to HHSC should be addressed as follows: Queenah.Teamah a hhsc.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. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 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, 2015) 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 in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 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 ARA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. 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 (CIoseout), 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.tvus:contracts/links.shtm Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in 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://www.dshsstate.tx.us.'contracts: Iinks_shtm_ For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 42 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 13, 2015 Second Reading Ordinance for the City Council Meeting of October 20, 2015 DATE: TO: September 29, 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 Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) in the amount of $165,000, and appropriation of the funds for the contract period September 1, 2015 through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $165,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. PURPOSE: To perform surveillance and epidemiology activities for all notifiable conditions as required by the Texas Department of State Health Services ("TDSHS"); hire and assign an Epidemiologist funded by this contract to be responsible for all notifiable conditions and assigning certain conditions for infectious disease preparedness and outbreak response activities and investigations; provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak of disease or disaster; and serve as Public Health Administrator of the Protection Division for Health Department. BACKGROUND AND FINDINGS: Because the Health Department does not have an Epidemiologist and requires one to achieve its mission of preventing and investigation disease, it applied for and received a grant from TDSHS to perform surveillance and epidemiology activities for all notifiable conditions as required by the Texas Department of State Health Services; hire and assign an Epidemiologist funded by this contract to be responsible for all notifiable conditions and assigning certain conditions for infectious disease preparedness and outbreak response activities and investigations; and provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak of disease or disaster; ALTERNATIVES: Refuse the grant and not provide epidemiological activities in the community. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: vie Operating III 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 $165,000 $165,000 BALANCE $165,000 $165,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. 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 September 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. 2016-003838-00 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $165,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 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 $165,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2015, through August 31, 2017, to perform surveillance and epidemiology activities for infectious diseases. 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 September 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 2016-003838-00 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-Nueces County Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $165,000.00. 3. Funding Obligation: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract: This Contract begins on 09/01/2015 and ends on 0813112017. 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: As applicable, DSHS enters into this Contract under the authority of Texas Health and Safety Code Chapters 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: IDCU/SUREB Infectious Disease Control Unit/Surveillance and Epidemiology Ebola Activities Page 1 of 13 7. Statement of Work: Contractor must perform surveillance and epidemiology activities for all notifiable conditions listed in 25 TAC §97.3. Contractor will assign the Epidemiologist funded by this contract to be responsible for all notifiable conditions, or will assign certain conditions for infectious disease preparedness and outbreak response activities and investigations. Contractor will provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak or disaster; as directed by DSHS; Contractor will perform the activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8, "Service Area" of this contract. Contractor must, as directed by DSHS: 1. Retain an Epidemiologist primarily dedicated to notifiable conditions surveillance and epidemiology activities, including infectious disease preparedness and outbreak response activities and investigations. The Epidemiologist must have qualifications in epidemiology and public health infectious disease surveillance and epidemiology, preferably with a Masters of Public Health (MPH) degree or at least two (2) years working experience as an Epidemiologist to perform and track the following deliverables; 2. Assign this Epidemiologist to attend the annual Epidemiology and Laboratory Capacity Epidemiology Workshop provided by the Emerging and Acute Infectious Disease Branch (EA1DB) or other EAIDB-approved substitute training; 3. Respond to all disease reports from laboratories, health care providers, and other disease reporters such as school nurses and health care facility administrators; 4. Provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak or disaster; as directed by DSHS; 5. Complete all Surveillance and Case Investigation activities relevant to the disease as outlined in The Emerging and Acute Infectious Disease Guidelines (available at http:/fwww.dshs.state.tx.us/idcu); 6. Attempt to administer one -hundred percent (100%) of EAIDB-requested questionnaires for which contact information is complete as soon as possible but no later than two (2) business days after receipt of request to administer questionnaire. Attempts to administer questionnaires related to the outbreaks and notifiable conditions must include at least one (1) attempt to contact case -patients after-hours if unable to contact during normal business hours after three (3) attempts; 7. Complete and submit at least seventy-five percent (75%) of questionnaires related to all pertinent case and outbreak investigations within five (5) business days after initial report and/or assignment by DSHS. Completed questionnaires include those in which the case -patient is contacted but refuses some or the entire questionnaire. Questionnaires for which no contact is made with case -patient do not constitute a completed interview; 8. Submit completed questionnaires related to notifiable conditions and outbreak investigations to DSHS through a secure electronic method to the designated EAIDB epidemiologist or to fax number (512) 776- 7616 no later than twenty-four (24) hours after completion of interview; Page 2 of 13 9. Investigate and document at least ninety percent (90%) of confirmed and probable notifiable conditions and outbreak cases correctly and completely within thirty (30) days of initial report to public health in National Electronic Disease Surveillance System (NEDSS) in accordance with DSHS Emerging and Acute Infectious Disease Investigation Guidelines www.dshs.state.tx.us/idcufhealth/infection_control/Investigation-Guidance; 10. Coordinate with hospitals and clinics within their jurisdiction to have at least ninety percent (90%) of laboratory specimens in 25 TAC §97.3 and/or those related to assigned outbreak investigations sent to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified contract laboratory for confirmatory and/or molecular testing as designated by DSHS; 11. Enter all pertinent case investigation data correctly and completely in NEDSS within five (5) business days of completion of investigation of each case interview; and 12. Assure and monitor the confidential treatment and transfer of confidential data provided by DSHS and confidential data provided to DSHS. DSHS shall: 1. Host the Epidemiology and Laboratory Capacity Epidemiology Workshop to provide training; 2. Send all such written instructions to Contractor by appropriate means, depending upon whether the information being transferred is confidential or non -confidential; and 3. Schedule conference calls as needed with Contractor to discuss progress toward accomplishing activities requirements of this contract (including the final, approved work plan, which is hereby incorporated by reference into this contract) and to evaluate project operations. Contractor must comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Program Attachment; and with any letters or memos with rules, policies or other written instructions provided to Contractor resulting from changes to State requirements applicable to funding sources. Within thirty (30) days of receipt of an amended standard(s) or guidelines(s), Contractor must inform DSHS, in writing, if it will not continue performance under this Program Attachment in compliance with the amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within reasonable period -of -time as determined by DSHS. Contractor must not supplant (i.e., use funds from this Contract to replace or substitute existing funding from other sources that also support 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 must 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. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after sixty (60) days may result Page 3 of 13 in a decrease in funds. Contractor agrees to read DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. Link for CFPM manual: http://www.dshs.state.tx.us/contracts/cfpm.shtm. PERFORMANCE MEASURES The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the other terms of the contract. Contractor must: 1. Provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak or disaster; as directed by DSHS; 2. Attend the annual Epidemiology and Laboratory Capacity Epidemiology Workshop provided by EAIDB or other EAIDB-approved substitute training. 3. Participate in monthly conference calls with the EAIDB to provide updates, progress reports, and other necessary communications; 4. Participate in outbreak/cluster-related conference calls and responses relevant to the jurisdiction hosted by the Centers for Disease Control and Prevention (CDC) or DSHS; 5. Assure and monitor that at least ninety percent (90%) of isolates from reported positive cases of conditions listed in 25 TAC §97.3 for which isolates are required from hospitals and clinics within the jurisdiction and/or those related to outbreak investigations are sent to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified public health laboratory for confirmatory and/or molecular testing as designated by DSHS; 6. Administer and complete questionnaires within five (5) business days with at least seventy-five (75%) percent completion rate. Completed questionnaires include those in which the case -patient is contacted but refuses some or the entire questionnaire. Questionnaires for which no contact is made with case -patient do not constitute a completed questionnaire; 7. Submit completed questionnaires related to notifiable conditions and outbreak investigations to DSHS through a secure electronic method to the designated EAIDB epidemiologist or to fax number (512) 776- 7616 no later than twenty-four (24) hours after completion of interview; 8. If not already a certified NEDSS user, submit a signed and dated copy of the NEDSS Confidentiality and Data Use Oath to DSHS for all individuals permitted to access NEDSS data, and attend DSHS training and complete certification within thirty (30) days of hire; 9. investigate and document at least ninety percent (90%) of confirmed and probable notifiable conditions cases correctly and completely within thirty (30) days of initial report to public health in NEDSS in accordance with DSHS Emerging and Acute Infectious Disease Investigation Guidelines www.dshs.state.tx.us/idcu/health/infection_control/Investigation-Guidance/ Page 4 of 13 10. Submit a monthly list of all reported clusters, outbreaks, and information on investigation findings on the tracking sheet provided by DSHS. Reports are due on the 15th calendar day of each month beginning October 15, 2015. Each report must cover activities that occurred during the preceding month. Report due dates that fall on a weekend or holiday will be due the first business day after the 15th of the month. Submit the list via electronic mail to EAIDBcontracts@dshs.state.tx.us. All reports should be clearly identified with the Contractor Name, Contract Number, IDCU/SUREB, and the month of the report; 11. Assure and monitor the confidential treatment and transfer of confidential data provided by DSHS and confidential data provided to DSHS; 12. Enter all pertinent case investigation data correctly and completely in NEDSS within five (5) business days of completion of investigation of each case interview; and 13. Monitor the foodborne illness or any other surveillance kits to assure that materials have not expired, and transfer kit materials as needed/requested to other jurisdictions to optimize utilization. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below. Claims Processing Unit, MC1940 Texas Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us. Page 5 of 13 8. Service Area Nueces County Page 6 of 13 This section intentionally left blank. Page 7 of 13 10. Procurement method: Non-Competitive Interagency/Interlocal GST-2016-Solicitation-00027 DCPS FY16 IDCU SUREB NEW CONTRACT 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: STATE 14. DUNS Number: 069457786 Page 8 of 13 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date Progress Report Monthly 09/01/2015 09/30/2015 10/15/2015 Progress Report Monthly 10/01/2015 10/31/2015 11/16/2015 Progress Report Monthly 11/01/2015 11/30/2015 12/15/2015 Progress Report Monthly 12/01/2015 12/31/2015 01/15/2016 Progress Report Monthly 01/01/2016 01/31/2016 02/15/2016 Progress Report Monthly 02/01/2016 02/29/2016 03/15/2016 Progress Report Monthly 03/01/2016 03/31/2016 04/15/2016 Progress Report Monthly 04/01/2016 04/30/2016 05/16/2016 Progress Report Monthly 05/01/2016 05/31/2016 06/15/2016 Progress Report Monthly 06/01/2016 06/30/2016 07/15/2016 Progress Report Monthly 07/01/2016 07/31/2016 08/15/2016 Progress Report Monthly 08/01/2016 08/31/2016 09/15/2016 Financial Status Quarterly 09/01/2015 11/30/2015 12/31/2015 Report Financial Status Quarterly 12/01/2015 02/29/2016 03/31/2016 Report Financial Status Quarterly 03/01/2016 05/31/2016 06/30/2016 Report Financial Status Quarterly 06/01/2016 08/31/2016 09/30/2016 Report Progress Report Monthly 09/01/2016 09/30/2016 10/17/2016 Progress Report Monthly 10/01/2016 10/31/2016 11/15/2016 Progress Report Monthly 11/01/2016 11/30/2016 12/15/2016 Progress Report Monthly 12/01/2016 12/31/2016 01/16/2017 Progress Report Monthly 01/01/2017 01/31/2017 02/15/2017 Progress Report Monthly 02/01/2017 02/28/2017 03/15/2017 Progress Report Monthly 03/01/2017 03/31/2017 04/17/2017 Progress Report Monthly 04/01/2017 04/30/2017 05/15/2017 Progress Report Monthly 05/01/2017 05/31/2017 06/15/2017 Progress Report Monthly 06/01/2017 06/30/2017 07/17/2017 Progress Report Monthly 07/01/2017 07/31/2017 08/15/2017 Progress Report Monthly 08/01/2017 08/31/2017 09/15/2017 Financial Status Quarterly 09/01/2016 11/30/2016 01/02/2017 Report Financial Status Quarterly 12/01/2016 02/28/2017 03/31/2017 Report Financial Status Quarterly 03/01/2017 05/31/2017 06/30/2017 Report Financial Status Quarterly 06/01/2017 08/31/2017 10/16/2017 Report Page 9 of 13 Submission Instructions: Performance Measure Reports should be sent by electronic mail to EAIDB@dshs.state.tx.us. Financial Status Reports can be faxed to the Claims Processing Unit at (512) 776-7442 or to the email address at invoices@dshs.state.tx.us. Page 10 of 13 16. Special Provisions General Provisions, ARTICLE XIV, GENERAL TERMS, Section 14.12 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 11of13 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-003838-00 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. 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 By: Signature of Authorized Official Corpus Christi-Nueces County Public Health District By: 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 Ap oved as to f istai ler 8r City Attorney Page 12 of 13 Budget Summary Organization Name: Corpus Christi-Nueces County Public Health District Contract Number: 2016-003838-00 Budget Categories Program ID: IDCU/SUREB Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $110,250.00 $0.00 $0.00 $110,250.00 Fringe Benefits $44,100.00 $0.00 $0.00 $44,100.00 Travel $5,322.00 $0.00 $0.00 $5,322.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $3,628.00 $0.00 $0.00 $3,628.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $1,700.00 $0.00 $0.00 $1,700.00 Total Direct Costs $165,000.00 $0.00 $0.00 $165,000.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $165,000.00 $0.00 $0.00 $165,000.00 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 fur.1; ;i, . e been paid • r H ill be paid, by o r on behalf of the undersigned, to an peron 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 %%ith the awarding of an> federal contract, the making of any federal grant, the making of an 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) IIany funds other than federal appropriated funds haze 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 -1 1, "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 cooperatiti a agreements) and that all subrecipients shall certify and disclose accordingly. This certification i5 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, LIS, Code. Any person who fails to file the required certification shall be subject to a civil penalt} of not Tess that $10,000 and not more than $100,000 for each such failure. Signature Date Print Name of Authorized Individual iU e- -o0 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 aN 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: Corpus Christi Nueces County Public Health District FFATA Contact # 1 Name, Email and Phone Number: Constance Sanchez Constancep@cctexas.com 361-826-3227 Primary Address of Contractor: 1702 Horne Road Corpus Christi, Texas 78416 FFATA Contact #2 Name, Email and Phone Number: Blandina Costley Blandinac@cctexas.com 361-826-7252 ZIP Code: 9 -digits Required www.usos.com DUNS Number: 9 -digits Required www.sam.eov 7 8 1 4 1 1 6 - 1 0 `6] 9 4 5 1 7 [7 18 F61 State of Texas Comptroller Vendor identification Number (VIN) 14 Digits 11 7 4 6 0 01.0 51714 1 0 2 7 1 Printed Constance Name of Authorized Representative P. Sanchez Signature of Authorized Representative aitlu&.- ?4'Y"-- TItIe of Authorized Representative Director of Finance for City of Corpus Christi Date 07-10-15 -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? 0 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 121 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 jNo 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 D No If your answer is "Yes" to this question, where can this Information be accessed? If your answer Is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John BIum;500000;Mary Redd:50000;Eric Gant:400000; Tadd Platt:300000; Sally Tom:300000 Provide compensation Information here: -2- Department of State Health Services Form 4734 -- June 2013 Fiscal Year 2016 Department of State Health Services Contract General Provisions ARTICLE I CONTRACT COMPONENTS 4 SECTION 1.01 CONTRACT COMPONENTS 4 SECTION 1.02 ORDER OF PRECEDENT "E 4 ARTICLE II COMPLIANCE AND REPORTING 4 SECTION 2.01 CO\IPLI:'INCE 4 SECTION 2.02 PRECEDENt E OF CONTRACT TERMS 4 SECTION 2.03 EFFECT OF LEGISLATIVE CHANGES 4 SECTION 2.04 CO\IrL1:%NC'E n`ITII REQUIREMENTS OF SOLICITATION D0Q TENT 4 SECTION 2.05 REPORTING 4 SECTION 2.06 APPLICABLE CoM1TRACTs LAW AND VENUE FOR DISPUTES 4 SECTION 2.07 STATUTES AND STANDARDS OF GENERAL APPLICABILITY 4 SECTION 2.08 APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCY SAND INTERLOCAL CONTRACTS 6 SECTION 2.09 CI% IL RIGHTS POLICY AND COMPLAINTS 7 SECTION 2.10 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS 7 SECTION 2.11 FUNDING OBLIGATION 7 SECrION 2.12 WHISTLEBLOWER ACT PROTECTION 7 ARTICLE III SERVICES 7 SECTION 3.01 EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES 7 SECTION 3.02 DISASTER SERVICES 8 SECTION 3.03 CONSENT TO MEDICAL CARE OFA MINOR 8 SECTION 3.04 TELE\IEDICINEITELEPSYCIII:ATRIMEDICAL SERVICES 8 SECTION 3.05 SEM 'ICES AND INFORMATION FOR PERSONS WITH LIMITED E, GLISII PROFICIENCY 9 ARTICLE IV FUNDING 9 SECTION 4.01 DEBT TO STATE :AND CORPORATE STATUS 9 SECTION 4.02 AMR ATION OF PM MENT Di E 9 ARTICLE V PAYMENT METHODS AND RESTRICTIONS 9 SECTION 5.01 PAYMENT METHODS 9 SECTION 5.02 IN%OICEIBILLING Si BM1SSION 9 SECTION 5.03 FIN ILL INVOICEIBILLINGSI'EMISSION 10 SECTION 5.04 THIRD PARTY PAYORS 10 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 10 SECTION 6.01 PRO\1PTPAN '\1ENT 10 SECTION 6.02 PAYMENT BY DEPARTMENT 10 SECTION 6.03 %VITIIIIOLDING PAYMENTS 11 ARTICLE VII CONFIDENTIALITY 11 SECTION 7.01 MAINTENANCE OF CONFIDENTIALITY 11 SECTION 7.02 DEPARTMENT ACCESS TO PHI:►ND OTHER CONFIDENTIAL INFORMATION 11 SECTION 7.03 EXCIIANGE OF CLIENT -IDENTIFY ING INFORMATION 11 SECTION 7.04 SECURITY OF PATIENT OR CLIENT RECORDS 11 SECTION 7.05 H1V/AIDS MODEL WORKPLACE GUIDELINES 12 General Provisions (September 1, 2015) Applicable to Local Health Departments Only ARTICLE VIII PUBLIC INFORMATION ACT 12 SECTION 8.01 TEXAS PUBLIC INFOR'I ATION 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 DEFICIENL'IES 13 ARTICLE XI REPORTING REQUIREMENTS l3 SECTION 11.01 CHILD ABUSE REPORTING REQUIREMENT 13 SECTION 11.02 SIGNIFICANT1NcIDE\TS 14 SECTION 11.03 LITIGATION 14 SECTION 11.04 CONTRACTOR LICENSE ACTION AGAINST THE CONTRACTOR 14 SECTION 11.05 INSOLVENCY 14 SECTION 11.06 PERFORMANCE ►LFEASAN{ E 14 SECTION 11.07 CRIMINAL ACTIVITY AND DISCIPLINARY ACTION 15 SECTION 11.08 RETALIATION PROHIBITED 15 SECTION 11.09 DOCUMENTATION 15 ARTICLE X11 ASSURANCES AND CERTIFICATIONS 15 SECTION 12.01 CERTIFICATION 15 SECTION 12.02 CHILD SUPPORT DELIVQI EN( [ES 16 SECTION 12.03 AUT1iORIZAT[ON 16 SEcrioN 12.04 GIFTS AND BENEFITS PROHIBITED 16 SECTION 12.05 INELICIBILITYTORECEIVE TIIECONTRACT 16 SECTION 12.06 ANTITRUST 17 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 17 SECTION 13.04 STATUS OF SUBCONTRACTORS 17 SECTION 13.05 INDEPENDENT CONTRACTOR 18 SECTION 13.06 TAX LIABILITY 18 SECTION 13.07 NOTICE OF ORGANIZATIONAL CHANGE 18 SECTION 13.08 NoENDORSESIENT 18 SECTION 13.09 E -VERIFY SYSTEM 18 ARTICLE XIV GENERAL TERMS 18 SECTION 14.01 ASSIGNMENT 18 SEcrioN 14.02 LOBBYING 19 SECTION 14.03 CONFLICT OF INTEREST 19 SECTION 14.04 TRANSACTIONS BETWEEN RELATED PARTIES 20 SECTION 14.05 INTELLECTUAL PROPERTY 20 SECTION 14.06 OTHER INTANGIBLE PROPERTY 21 SECTION 14.07 SEVERABILITY AND ANIB1GUITY 21 SECTION 14.08 LEGAL NOTICE 21 SECTION 14.09 SUCCESSORS 21 SECTION 14.10 SURVIVABILITY OF TERMS 21 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only °2 SECTION 14.11 SECTION 14.12 SECTION 14.13 SECTION 14.14 SECTION 14.15 SECTION 14.16 SECTION 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SECTION 16.01 SECTION 16.02 SECTION 16.03 ARTICLE XVII SECTION 17.01 SECTION 17.02 SECTION 17.03 SECTION 17.04 SECTION 17.05 SEcrIoN 17.06 ARTICLE XVIII SECTION 18.01 SECTION 18.02 SECT1oN 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SEcrIoN 19.03 SECTION 19.04 SECTION 19.05 CUSTOMER SERVICE INFORMATION 21 AMENDMENT 21 CONTRACTORS NOTIFICATION OF CIIANGE OF CONTACT PERSON OR KEN' PERSONNEL 21 UNILATERALAMENDMENT 21 INTERIM EXTENSION AAIENDA1ENT 22 1M 1UNITV NOT WAVED 22 HOLD HARMLESS AND INDEMNIFICATION 22 WAI% ER 22 ELECTRONIC AND INFORMATION RESOURCES ACC ESSIRILITV AND SECURITN STANDARDS 22 FORCE MATE/ RE 24 COOPERATION AND COM\IL NICATION 24 BSI RANCE 24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 25 ACTIONS CONSTITUTING BREACH OF CONTRACT 25 GENERAL REMEDIES AND SANCTIONS 25 NOTICE OF REMEDIES OR SANCTIONS 26 EMERGENCY ACTION 26 CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE 27 BREACH OF CONTRACT CLAIM 27 NOTICE 27 PERFORMANCE NOT SIJSPENDED 27 TERMINATION AND TEMPORARY SUSPENSION 27 EXPIRATION OF CONTRACTOR PROGRAM ATTACIINIEvTS 27 EFFECT OF TERMINATION OR EXPIRATION 27 TERMINATION OR TEMPORARY SUSPENSION WITHOUT CA/ SE 27 IMMEDIATE TERMINATION 28 TERMINATION FOR CAUSE 28 NOTICE OF TERMINATION 28 VOID, SUSPENDED AND TERMINATED CONTRACTS 28 VOID CONTRACTS 28 EFFECT OF VOID, SUSPENDED, OR 1NVOLUNTARILN TERMINATED CONTRACT 28 APPEALS RIGHTS FOR DSHS Ft'NDED BLOCK GRANTS 28 CLOSEOUT 28 CESSATION OF SERVICES /LT CLOSEOUT 28 ADI INISTRATI V E OFFSET 29 DEADLINE FOR CLOSEOUT 29 PAYNIENT OF REFUNDS 29 D!sALLow,NcEs AND ADJUSTMENTS 29 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 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; 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, 201 S) - Applicable to Local Health Departments Only 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; d. National Research Service Award Act of 197I, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and 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; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: 1. Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" General Provisions (September 1, 2015) @ Applicable to Local Health Departments Only 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 (Pl. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. 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 111 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 -I 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 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (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 4.01; General Provisions (September 1, 2015) -- Applicable to Local Health Departments Only 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI 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 11 ISCivilRi !I�tsOffice i 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 alI 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, 2015) . Applicable to Local Health Departments Only 1 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; I. 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 I, 2015) — Applicable to Local Health Departments Only 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 InvoiceBilling Submission. General Provisions (September 1, 2015) . Applicable to Local Health Departments Only 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; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department 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 225 I ). 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, 2015) -- Applicable to Local Health Departments Only 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 health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state 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, executed by the Parties, 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. 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 to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall 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, 2015) Il 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 policv.`policies.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, 2015) 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; 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, 2015) 13 Contractor shall use the DSHS Child Abuse Reporting Form located at wrvw.dabs.state.tx.us/childabusereportina 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, if any. 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, 2015) 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 http://sao,fraud.state.tx.us, and to the HHS Office of Inspector General at http://www.oib.hlhs.nov/fraud/hotline/ 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-1), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) 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 ofa 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°'o 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, 2015) 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. I, 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 rprog/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed 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 1511' 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, 2015) 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 an 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 X111. 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, 2015) 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. lf, 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, 2015) 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. d. 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. 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, 2015) 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 ail 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 21 14 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, 2015) 1 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. DSHS/HHSC 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 (b)(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 (b)(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 THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 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, 2015) 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 Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative 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. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 ii. if the Products will be in the custody of the state or a 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 all 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. I. 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 severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure 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, 2015) 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 refunds 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 General 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, 2015) 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, 2015) 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, 2015) 27 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. If Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition 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, 2015) 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, 2015) 29 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX D514S GENERAL PROVISIONS31 ARTICLE XXI PROGRAM OPERATIONS .31 Section 21.01 Client Financial 31 Section 21412 Contracts with Subredpiewt and Vendor Subcontractors. 31 Seethe 21.03 nrorp ora tio II of Terms Is Subretipiest Subcontracts. 31 Section 21.04 ua lily Management 32 Section 21+05 Con trac tor's Noti fic tic] n o f Ch ng e to Certain Controct Provisions. 32 Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees... 32 Section 21.07 Direct Operation. .6 4. .1 I 33 ARTICLE XII PROGRAM EQUIPMENT AND SUPPLIES 44 . F 4 . g 4. 4 +++ 4 33 Section 22.01 Equipment. 33 Section 22.102 Equipment List. ... , . 33 Section 22.03 Supplies. 34 Section 22.04 Property inventory and Protection of Assets. 34 Section 22,05 A $set.$ its Collo ir re] P Fin hi bi Led , .11. .14 34 ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS 34 Section 23,01 Use of F ands . I 34 Section 23.02 Use fur match Prohillited. ....„. ........... ... ................. . ............................ .. .......... ..... .. ... ........„...„....„34 Steina 23.03 Program Income. .... . ... ...— 35 Section 23.0.1 Nonsupplanting. 35 Section] 23.05 Payment Methie4s. II 666/ .50 .. .66 .66 IP.1.11 54 .I.5 5..5 .1.6 . k P1144.r 4./0044 1.1.6.14. . q 35 Section 23.06 Financial Stains Reporis (FSRs). 35 Section 23.07 Section 13.00 World ng Capital Adv.] nee. 35 Condition, Precedent to Requesting payment, . .... 36 Section 23.09 Management and Control Systems 36 Section 23.10 Effect of Grant Clete Out. .... . ...... ........ „. ..... — ........... — ..... 36 GmwillitreigjonNikalcakfitivZitifls AND AUDIT REQUIREMENTS 36 30 Section 24-0I Allowable Costs. , .»... . ... ..... ..... . ........., .. ,. - .. ,......., ..,.. ,....,.1....... ,,,» , . 36 Section 24.02 Property Arquisitiun+5. 37 Section 24.03 Cost Atlocation Plan. 38 Section 24.0-1 Overtime CUmpensgtiu i, 38 Section 24.05 Independent Single or Program-5peel ne Audit.... 38 5eeatm 24.06 Submission orAudit. . 39 ARTICLE XXV INSURANCE AND BONDS .............................. 39 Section25.01 Insurance. . ,...-.,»..-,,.....,..,......................»..,,....,.....,,....,,...,.,.....,,,..--,,,..-,......,.....,.,..,,.....,,...,,,.,..,, 39 Seetinn 25,02 Fidelity Ilrnd, 40 Sectiu a 25.03 liability Coverage 40 ARTICLEXXV'I TERmINATION, BANKRUPTCY AND CLOSEOUT ...........................40 Section 26.01 F1tsal Budget, 40 Section 26.02 Bankruptcy. .......,...........»s....................... 40 Section 26.03 Title to Properly. .. ..................-- . -. 41 Section 26.04 °isya ition of Property. ......s............. 41 Sectkrn 26.05 closeout of Equipment. 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS 41 General Provisions (September 1, 2015) 31 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 Subrecipient 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 XII of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 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 Sections 14.03 and 14.04, or any of the certifications stated in Article XII 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, 2015) 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 Toss 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 8. 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 must be 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, 2015) 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 22.04. 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 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: littp://www.dshs.state.tx.us/contractsiforms.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, 2015) 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 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, 2015) 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: L 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, 2015) 36 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. Applicable Cost principles, Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-IO2, and applicable Federal awarding agency common rule Educational institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations _ OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http://www.dshs.state.tvus.contractsilinks.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, 2015) 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 c c im_h "r t o us no later than the 60'x' 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, 2015) 38 f. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. g. 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: COSContractAdministrationf dshs.state.tx.us Electronic submission to HHSC should be addressed as follows: Oueenah.Teamah a hhsc.state.ti.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. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the insurance provision in Section 14.22 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 Toss, 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, 2015) 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 in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 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 licensure 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, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in 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://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, 2015) 42 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 13, 2015 Action Item for the City Council Meeting of October 20, 2015 DATE: TO: Ronald L. Olson, City Manager September 15, 2015 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 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Mary Rhodes Pipeline Phase 2 Partial Assignment of Water Pipeline Easement CAPTION: Ordinance authorizing the City Manager, or designee, to approve and sign multiple Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company (AEP) to install buried utility lines used in connection with City's construction, operation and maintenance of the Mary Rhodes Pipeline Phase 2 water pipeline and associated appurtenances. PURPOSE: The purpose of this agenda item is to authorize the City Manager to approve and sign multiple Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company (AEP). BACKGROUND AND FINDINGS: The City has entered into a series of Water Pipeline Easement and Right of Way Agreements (Easement Agreements) with Land Owners ("Grantors") in Jackson County and Matagorda County, Texas for the construction of the City's Mary Rhodes Pipeline Phase 2 project. Under these Easement Agreements, Grantors conveyed to the City easements and rights-of- way granting the City the rights to construct, operate, and maintain, the 54 -inch water pipeline. This also includes associated underground communication cables used for the operation and maintenance of the pipeline facilities, cathodic protection, air/vacuum relief valves, and other appurtenances (the "Pipeline Facilities") on, over, and across Grantor's lands in Jackson County and Matagorda County, Texas. As per the requirements of design specifications and plans, buried utility lines for rectifiers along the Water Pipeline Easement and Right of Way are needed to provide cathodic protection for the Mary Rhodes Pipeline. AEP Texas Central Company (AEP) is installing buried utility lines to feed power to these rectifiers and requires an easement for each of these lines. In order to grant these required easements, the City needs to transfer, assign, and deliver to AEP certain rights under the Easement Agreements to install buried utility lines (together, collectively referred to as "AEP's Facilities") used in connection with City's construction, operation, and maintenance of its Pipeline Facilities. This ordinance authorizes the City Manger to approve and sign multiple Partial Assignment of Water Pipeline Easement agreements with AEP as required to complete the second phase of the Mary Rhodes Pipeline project. ALTERNATIVES: 1. Authorize the execution of partial assignment of easement rights. 2. Do not authorize the execution partial assignment of easement rights. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue ❑ Capital X Not aoalicable 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: City Staff recommends approval of multiple Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company (AEP) to install buried utility lines used in connection with City's construction, operation and maintenance of the Mary Rhodes Pipeline Phase 2 water pipeline and associated appurtenances. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Presentation Ordinance authorizing the City Manager, or designee, to approve and sign multiple Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company (AEP) to install buried utility lines used in connection with City's construction, operation and maintenance of the Mary Rhodes Pipeline Phase 2 water pipeline and associated appurtenances WHEREAS, The design specifications and plans require buried utility lines for rectifiers along the Water Pipeline Easement and Right of Way to provide cathodic protection for the Mary Rhodes Pipeline; WHEREAS, AEP Texas Central Company (AEP) is installing buried utility lines to feed power to these rectifiers; WHEREAS, AEP Texas Central Company (AEP) requires an easement for each of these lines in order to grant these required easements; WHEREAS, The City needs to transfer, assign, and deliver to AEP certain rights under the Easement Agreements to install buried utility lines (together, collectively referred to as "AEP's Facilities") used in connection with City's construction, operation, and maintenance of its Pipeline Facilities. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to approve and sign multiple Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company (AEP) to install buried utility lines used in connection with City's construction, operation and maintenance of the Mary Rhodes Pipeline Phase 2 water pipeline and associated appurtenances. 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 Nelda Martinez Mayor M and M uried tility ine or Re ti ier ❑lessin--i PROJECT LOCATION MT uried -'tility .ine or Re -tiler M uried _tility _ine Lor Re_ti ier LOCATION MAP NOT TO SCALE 34 - PROJECT: E10008 Partial Assignment of Water Pipeline Easement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Mary Rhodes Pipeline Phase 2 Partial Assignment of Water Pipeline Easement Corpus Chr SU Capital Programs Council Presentation October 13, 2015 Project Location DO PROJECT LOCATION MOAN 172 BLESSING c7. 616 Corpus Chr'sti Capital Programs BA KHAM PROJECr LOCATION 1.66,,..r C]!C$ ,,w£ CITY- PROJECT- ITE IVIATA CRC Easement Exhibit M-049.1 Buried Utility Line for Rectifier M-046 Buried Utility Line for Rectifier M-012 and M-013 Buried Utility Line for Rectifier Blessing Corpus Chr'sti Capital Programs 3 Ordinance Background Corpus Chr sti Capital Programs Easements Agreements of Mary Rhodes Pipeline Phase 2 Project: ✓ A series of Water Pipeline Easement and Right of Way Agreements (Letter Agreements) with Land Owners ("Grantor") in Jackson County and Matagorda County, Texas; ✓ Buried utility lines for rectifiers along the Mary Rhodes Pipeline Easement and Right of Way are needed to provide cathodic protection for water pipeline, ✓ AEP is installing buried utility lines to feed power to these rectifiers and requires an easement for each of these lines. Ordinance Request: ✓ Authorization to City Manager to approve and sign multiple Partial Assignment of Water Pipeline Easement Agreements with AEP. space AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 13, 2015 Second Reading Ordinance for the City Council Meeting of October 20, 2015 DATE: September 19, 2015 TO: Ronald L. Olson, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB@cctexas.com (361) 826-3356 Lease Agreement with Results Company for Mann Parking Lot CAPTION: Ordinance authorizing the City Manager or designee to execute a lease with the Results Companies for portion of City parking lot located at Mann Street and Mesquite Street for a term of three years, with a two year renewal option. PURPOSE: The purpose of this item is to approve a three-year lease with the Results Company ("Results Co.") for 85 parking spaces in the City -owned parking lot at Mann and Mesquite Street ("Mann Parking Lot"), to accommodate 150 new jobs over the term of the lease. BACKGROUND AND FINDINGS: Results Co. is a call center that employs over 350 people and offices in the Bay View Tower at 400 Mann Street. Due to the square foot of office space needed for each production seat, this type of operation creates more parking needs than other types of office users. While the Bay View Tower is 67% occupied, the adjacent structured parking garage is 92% occupied; leaving Results Co. employees to overflow into other locations. Broken parking meters in the Mann Parking Lot enabled Results Co. employees to utilize the site for free. However, once those meters were repaired, Parking Control resumed enforcing the rate of $4 per space, per day. With the new parking rate, the City collects $300 a month for 120+ spaces on the lot. Across 1-37 is another City -owned lot that is unmetered, so rather than paying the $4 rate, employees resort to parking across 1-37, and crossing on foot creating a dangerous situation for pedestrians and the extended hours of operations. Results approached the Corpus Christi Regional Economic Development Corporation and the Corpus Christi Downtown Management District regarding this parking issue. The lease at Bay View Tower was nearing expiration and they were considering adding 150 positions, but the parking challenge was causing them to consider leaving downtown for a location with abundant parking supply. Staff worked with Results over several months to develop a satisfactory arrangement to keep them as an occupant downtown. Under this agreement, Results Co. will lease 85 spaces in the lot from the City, in exchange for creating 150 new jobs, designating the spaces and maintaining the lot. Additionally, Results Co. will pay $2,000 per year, which will go into the Parking Improvement Fund. Since the Mann Parking Lot currently produces $300 a month in revenue, the City will maintain 36 spaces at its regular rate. About the Property This lot was constructed around 1957, after the City and the State entered into an agreement for construction of parking facilities in the freeway right-of-way. In 1998, the property was given to the City by the State. ALTERNATIVES: Staff explored multiple concepts to accommodate this request, including a yearly permit hangtag system. However, due to the hours of operation and transitory nature of the employees, it was impractical to manage. OTHER CONSIDERATIONS: This item received a motion of support by the Parking Advisory Committee on October 5, 2015. CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency Item DEPARTMENTAL CLEARANCES: Parking Control (Police), Facility Maintenance FINANCIAL IMPACT: o Operating X Revenue o Capital o 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 $2,000 $4,000 $6,000 BALANCE Fund(s): Parking Improvement Fund Comments: This item will add $2,000 per year to the Parking Improvement Fund. RECOMMENDATION: Staff recommends approval of the lease. LIST OF SUPPORTING DOCUMENTS: Ordinance — Mann Parking Lot Lease Agreement- Mann Parking Lot Lease Ordinance Authorizing the City Manager or designee to execute a lease with the Results Companies for portion of City parking lot located at Mann Street and Mesquite Street for a term of three years, with a two year renewal option. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or designee, is authorized to execute a lease with the Results Companies for portion of City parking lot located at Mann Street and Mesquite Street for a term of three years, with a two year renewal option. The property is being leased to the Results Companies for parking in consideration of the Results Companies maintaining the property under the terms of the lease, creating 150 jobs over 3 years and $2,000 annually. 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 MANN STREET PARKING LOT LEASE AGREEMENT WHEREAS, the City of Corpus Christi, Texas, ("City") is the owner of real property known as the Mann Street Parking Lot, located at the intersection of Mann Street and Mesquite Street, Corpus Christi, Texas, together with all improvements thereon ("Premise"); and WHEREAS, the City has prioritized downtown revitalization and growing existing businesses; and WHEREAS, The Results Companies, ("Lessee") desires to lease a portion of the Premise, to accommodate the hiring of an additional 150 employees over the coming years. Lease agreement is made between City of Corpus Christi, a Home Rule Municipal Corporation (City"), and The Results Companies LLC, of 100 NE Third Ave, Suite 200, Ft. Lauderdale, FL 33301 ("lessee"). The parties agree as follows_ SECTION ONE. DESCRIPTION OF PROPERTY City leases to Lessee that certain property owned by City located at the intersection of Mann Street and Mesquite Street described as follows: portion of parking lot as described in exhibit A, for use as a parking lot_ The portion of the lot leased contains 85 parking spaces. SECTION TWO. USE City does hereby lease, let, and demise to Lessee the Premise, together with all improvements located thereon, Lessee shall operate the Premise exclusively for the purpose of an employee parking lot. The parking lot usage will be limited to employee passenger vehicles. SECTION THREE. RENT AND CONSIDERATION (A.) Payment. Lessee shall pay as rental to City $2,000 per year, payable in advance upon execution of the lease and each subsequent year. (B.) Local Employment. Lessee over the term of this Agreement shall hire an additional 150 employees as described in the schedule below. FYear Minimum Number of New Jobs Created Yearly Minimum Total Number of Jobs Created pursuant to Lease Agreement 1 50 50 2 50 100 3 50 150 Failure to meet the Performance Standards in any one year is cause for termination 1 of this lease. Lessee agrees to confirm and document to the City that the minimum number of jobs created is maintained throughout the term by the lessee. Lessee agrees to provide the City with a sworn certificate certifying the number of employees employed by the lessee at the effective date of this lease and each subsequent year. (C.) Maintenance. Lessee will maintain the Premise at its own expense. Lessee will maintain, at its sole expense, any improvements on the Premise, all fixtures connected therewith, all personal property thereon. Maintenance shall be of such quality as to maintain the Premise in a first-class condition. SECTION FOUR. DURATION; QUIET ENJOYMENT (A.) This agreement takes effect upon execution by the City Manager or his designee. (B.) The term of this lease shall be for a period of three (3) years. Lessee may request to extend the lease for an additional two (2) years where local employment conditions are met and 150 employees are maintained during the extension. (C.) City covenants to keep lessee in quiet possession and enjoyment of the premises during the term of this lease. SECTION FIVE. INDEMNITY Lessee shall assume all risks incident to the use of the leased premises as a parking lot and shall fully indemnify, save, and hold harmless the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, Toss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Lessee's activities or incidental to this Agreement, including any injury, loss or damage caused by the contributory negligence of any or all of the Indemnitees. Lessee must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all reasonable charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. SECTION SIX. SUBLEASE OR ASSIGNMENT The leased premises shall not be sublet, in whole or in part, or this lease assigned or transferred without the prior, express, and written consent of City. SECTION SEVEN. SIGNAGE FOR PROPERTY Lessee shall, at the sole expense of lessee, identify the portion of the parking lot leased by way of painting curbs, parking surfaces anchor erection of parking signs indicating the spaces leased by Lessee. SECTION EIGHT. TOWING ENFORCEMENT All parking spaces on the leased Premise must have proper signage and identifying paint before towing can commence. Lessee will be responsible for the towing of unauthorized vehicles on leased Premise. Any towing conducted must be in compliance with State law, SECTION NINE. TERMINATION (A.) Lessee shall have the right to terminate this Lease Agreement by giving City ninety (90) days prior written - notice of the date of termination, in which case all obligations on the part of Lessee shall also terminate as of the date of termination, so long as the Property is returned in same or better condition as upon the effective date of the Lease, normal wear and tear excepted. If the Property is not in such condition, Lessee shall repair the Property to such condition within sixty (60) days after termination of this Lease. (B.) If there is noncompliance with one or more of the provisions contained herein, either party may give written notice to the other party to cure or begin curing the default(s) within ten (10) days of receipt of notice. If there is not compliance or substantial compliance with each provision identified within ten (10) days of receiving said notice, the complying party may terminate this Agreement for cause by providing written notice of termination to the noncomplying party and listing one or more areas of continued noncompliance. SECTION TEN. ADDITIONS OR ALTERATIONS (A.) Lessee shall not construct or erect any buildings or structures on the leased Premises without prior written approval of the City's Director of Facilities and Chief of Police , except for the required signage and curb markings. (B.) If construction is approved, Lessee must obtain clearance, in writing, from the City's Risk Manager that the proposed addition or alteration will be covered under the insurance policy in force during the term of the Agreement before proceeding with any type of addition or alteration to the Premises or to the Improvements. (C.) All construction must be made at Lessee's sole expense. All construction installed by Lessee must be repaired and/or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Agreement if they may be removed without damaging the Premises or any Improvements. All additions or 3 alterations made by the Lessee which are not removed at the expiration or termination of this Agreement become the property of City without necessity of any legal action. (D.) If constructing New Improvements, Lessee shall ensure that the plans and specifications shall be prepared by state -licensed architects or engineers. The plans and specifications are subject to prior written approval of the City Director of Facilities and Chief of Police, and subject to execution of a separate agreement between the parties. SECTION ELEVEN. PROPERTY OF CITY. Upon expiration of this Lease Agreement, or upon termination thereof for any reason, all buildings, improvements, and fixtures placed on the Property by Lessee shall become property of City. SECTION TWELVE. LANDLORD/TENANT. It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this Lease Agreement shall be construed conclusively in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, shall be deemed to create any relationship between the parties herein other than that of Landlord and Tenant. SECTION THIRTEEN. GOVERNING LAW AND VENUE This lease shall be governed by, construed, and enforced in accordance with the laws of The State of Texas. Venue for any legal action related to this Agreement is in Nueces County, Texas. SECTION FOURTEEN. ATTORNEY'S FEES If any action is filed in relation to this lease, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the attorney's fees of the successful party. SECTION FIFTEEN. ADVERTISING AND SIGNAGE. The City Director of Facilities and Chief of Police have the right to prohibit any advertising and/or signage by Lessee at the Premises which impairs the reputation of the Premises or the City. SECTION SIXTEEN. NON-DISCRIMINATION. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs related to this Agreement, on the grounds of race, religion„ national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. 4 SECTION. SEVENTEEN. COMPLIANCE WITH LAWS. Lessee must comply with all applicable Federal, State, County, and City laws, rules, regulations, and ordinances which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. SECTION EIGHTEEN. INSURANCE. Lessee must secure and maintain at Lessee's expense during the term of this agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit "B," which is attached to this Agreement and incorporated in this Agreement by reference. Section NINETEEN. NO DEBTS. Lessee must not incur any debts or obligations on the credit each other's behalf during the term of this agreement. SECTION TWENTY. NOTICE. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: City: City of Corpus Christi Attn: Business Liaison P.O. Box 9277 Corpus Christi, Texas 78469-9277 Lessee: The Results Companies Attn: Director of Facilities 100 NE Third Avenue Fort Lauderdale, FL 33301 SECTION TWENTY ONE. AMENDMENTS. No alterations, changes, or modifications of the terms of this Agreement nor the wavier of any provision will be valid unless made in writing and signed by persons authorized to sign agreements on behalf of each party. SECTION TWENTY TWO. WAIVER. (A.) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any its rights hereunder. No waiver of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. 5 (B.) If any action by Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval or approval of the same or any other action at any other occasion. Any waiver or indulgence of Lessee's default of any provision of the Agreement shall not be considered an estoppels against the City (C.) It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of any rights and remedies which the City may at any time avail itself of said rights and remedies or elect to terminate this Agreement on account of said default. SECTION TWENTY THREE. FORCE MAJEURE. No party to this Agreement will be liable for failures and delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. SECTION TWENTY FOUR. AMENDMENTS. No changes or modifications to this Lease Agreement shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. This Lease Agreement supersedes all previous agreements between the parties. SECTION TWENTY FIVE. DISCLOSURE OF INTERESTS. In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit C, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. SECTION TWENTY SIX. ENTIRETY CLAUSE. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, which reference to the subject matter hereof, unless contained in this Agreement are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and relating to Lessees use of the Premises. 6 Each party to this agreement has caused it to be executed at on the date indicated below, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. CITY OF CORPUS CHRISTI ATTEST: Ronald L. Olson, City Manager Rebecca Huerta, City Secretary Date THE RE OMP • ► LLIP gait Chie inancial Officer Angelo A. Ge ar ti III Date Approved as to legal form: , 2015 Buck Brice Assistant City Attorney For City Attorney Exhibit A—Mann Parking Lot Lease Results : 85 Spaces City: 36 Spaces Results will designate and manage spaces leased to them in this agreement. EXHIBIT B INSURANCE REQUIREMENTS EXHIBIT B INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Lessee must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Engineering, one (1) copy 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: I. 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 Aggegate AUTO LIABILITY (including) 1. Hired and Non -Owned $500,000 Combined Single Limit PROPERTY INSURANCE Lessee shall be responsible to insure all owned, leased and rented property utilized in parking lot. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. AlI notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee 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; • 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for Iiability 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. 2015 Insurance Requirements Engineering Department Lease of Parking Lot 7'712015 ds Risk Management ■wry■ City of Corpus Christi EXHIBIT C CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code 5 2-349, 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, Certification and Definitions. COMPANY NAME: The Results Companies LLC STREET ADDRESS: 100 NE 3'd Ave. Suite 200 CITY: Fort Lauderdale STATE: FL ZIP: 33301 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner 0 4. Association 0 5. Other 0 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 Board, Commission or Committee NA 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 NA Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus C i . i, Texas, as changes occur. Certifying Person: Signature of Certifying elo A. Gercarelli DEFINITIONS t CFO a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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 ora substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. 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. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 13, 2015 Second Reading Ordinance for the City Council Meeting of October 20, 2015 DATE: TO: September 30, 2015 Ronald L. Olson, City Manager FROM: lain Vasey, President/CEO Corpus Christi Regional Economic Development Corporation (361) 882-7448 ivasey a(�ccredc.com Mark Van Vleck, Executive Director of Utilities (361) 857-1874 MarkVVcctexas.com First Reading Ordinance Amending the Code of Ordinances, City of Corpus Christi, Section 55-3 CAPTION: Approving an ordinance amending the Code of Ordinances, City of Corpus Christi, Section 55-3 regarding gas purchase exemptions for large natural gas users within the city limits; and providing for publication. PURPOSE: The purpose of this item is to amend Ordinance 55-3, in order to accommodate the needs of large industrial users who wish to locate within City limits. BACKGROUND AND FINDINGS: The CCREDC and City Staff were notified of a gap in the gas purchase ordinance for large companies with specific production needs. While the ordinance makes sense for residential and commercial users, it does not provide for larger industrial users who have unique gas needs. The effect is that new investment tied to production is discouraged within the city limits. This creates a bigger issue when a company requires gas to be certified to a particular quality, which the City cannot provide because it would create liability for the City. This amendment allows large gas users to be exempt from sections A -D of Ordinance 55-3, if they are certified by the Executive Director of Utilities to meet the following requirements: (i.) is an industrial customer; (ii.) invests greater than $150 million in a capital facility; (iii.) uses more than 2,400 MMBTU per day on an annual basis; and (iv.) requires a certification as to the quality of the natural gas. This amendment allows large gas users to go directly to a natural gas supplier without going through the City Gas Utility. In the future, Staff will include certification of quality in the requirements for its gas providers. ALTERNATIVES: The Council may decide to not amend its ordinance. OTHER CONSIDERATIONS: This gives the City the flexibility to encourage large gas users to build within the city limits, rather than in the City's extraterritorial jurisdiction. CONFORMITY TO CITY POLICY: This amendment to the ordinance 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: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x 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 BALANCE RECOMMENDATION: Staff recommends the Council approve the amendment to the Ordinance 55-3. LIST OF SUPPORTING DOCUMENTS: Ordinance — Amendment to Gas Franchise Ordinance amending the Code of Ordinances, City of Corpus Christi, Section 55-3 regarding gas purchase exemptions for large gas users within the city limits; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That City of Corpus Christi, Code of Ordinances, Section 55-3, regarding gas franchises is revised, by adding the underlined text and deleting any struck -through text as follows: "Sec. 55-3. - Franchises required to construct or maintain gas lines or to provide gas for end-use consumption within the corporate limits of the city. (a) It shall be unlawful for any person to build, lay, construct or maintain any pipeline for conveying gas for any purpose or anywhere within the city, unless such person is now operating under a franchise or permit heretofore granted by the city or shall hereafter secure such franchise or permit from the city to build, lay, construct or maintain such line for conveying gas. (b) No owner or operator of a pipeline or pipeline system shall use a pipeline or pipeline system under its ownership, operation or control, any part of which is located in any right-of-way or property of the city, for transportation of its or another person's natural gas to consumers, whether industrial, commercial, or residential, within the corporate limits of the city, unless a franchise or permit is first obtained by said owner or operator, which franchise or permit specifically authorizes the use. No owner or seller of natural gas shall use city right-of-way or property by conveying or causing to be conveyed natural gas through a pipeline or pipeline system owned by itself or another, any part of which is located in any right-of-way or property of the city, to customers, whether industrial, commercial, or residential, within the corporate limits of the city, unless a franchise or permit is first obtained by said owner, which franchise or permit specifically authorizes such use. No person shall purchase natural gas for use in the city limits except from the city's gas distribution system or from a seller that has a franchise or permit as required by this subsection. For purposes of this subsection (b), "right-of-way" shall mean any street, road, alley, sidewalk, bridge, or similar way, or public utility easement owned or controlled by the city within the city limits. In considering whether to grant a franchise or permit for sale of gas to customers in the city limits, the city council shall consider whether the granting will likely lead to impairment of the city's ability to adequately and reliably serve existing and anticipated customers at reasonable cost, including the effect on low income residential customers and small businesses; the city's and its ratepayers' investment in its gas distribution and combined utility system; compliance with bond covenants of the city's combined utility system; whether the proposal would undertake to serve all or a substantial portion of the city's retail gas -using population on a fair competitive basis with the city's gas utility system; the reliability and adequacy of gas service to existing and future customers; and the benefit or detriment to the health, welfare, and safety of the public. In considering whether to grant a franchise or permit for transportation, the city council shall consider whether regulatory rules for common carriers make it illegal or impractical to regulate transportation to customers in the city limits so that the public's interest is best addressed by regulation through granting or denying franchises or permits to sellers of gas. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\©BCL@EC0584B9\@BCL@EC0584B9.docx 2 (c) Construction, maintenance, or use of a pipeline or pipeline system in violation of this section shall constitute unauthorized use of public property, and the violator shall be liable to the city for the fair value of the public property used, interest, attorney fees, and injunctive relief. In addition, the violator shall be liable to the city for any other remedy which may be available under law. (d) A person adjudged guilty of a violation of this section in the municipal court of the city shall be punished by a fine of five hundred dollars ($500.00). Each day any violation shall continue shall constitute a separate offense. Provided, however, that if the offense is one for which a penalty is fixed by state law, the penalty for such offense shall be the same as that fixed by such state law. (e) Exemption. The provisions of this section do not apply for 20 years from the date the director of utilities certifies that the customer is: (i.) an industrial customer; (ii.) is constructing or has constructed a facility with a minimum capital investment in the City of at least $150 million dollars subject to ad valorem taxes; (iii.) said facility consumes at least 2,400 MM BTU .per day with the exception of temporary maintenance periods of 90 days or less which may be extended upon written notice to the director of utilities; and (iv.) the City gas distribution system is unable to meet all of the needs of the industrial customer met by a contract with another gas supplier. The director of utilities may not revoke the aforementioned certification during the 20 -year term of said certification. Upon expiration of the aforementioned term of the certification, the director of utilities must annually extend the aforementioned certification if (i) through (iv) above continue to apply and the City is still unable to meet all of the needs of the industrial customer that are met by a contract with another gas supplier. " (Code 1958, § 38-3; Ord. No. 24042, § 1, 5-23-2000; Ord. No. 25606, § 1, 12-16-2003) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 55-3 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect on date of final approval. C:\Users\GRANIC--1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@EC0584B9\@BCL@EC0584B9.docx 3 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 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@EC0584B9\@BCL@EC0584B9.docx AGENDA MEMORANDUM Future item for the City Council meeting of October 13, 2015 Action Item for the City Council meeting of October 20, 2015 DATE: TO: September 29, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikemacctexas.com 886-2604 Approval to submit a grant application to the State of Texas, Office of the Governor's Homeland Security Grants Division for FY 2016 funding available under the Local Border Security Program Grant CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $270,220 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2016 Local Border Security Program Grant. PURPOSE: The purpose of this item is to receive authorization to submit the grant application to the State of Texas, Office of the Governor's Homeland Security Grants Division for FY 2016 funding available under the Local Border Security Program Grant. The City must apply for these funds each year. BACKGROUND AND FINDINGS: Funding is available to enhance law enforcement patrols in an effort to deter and facilitate directed actions to interdict criminal activity. The Police Department will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and Extra Territorial Jurisdiction (ETJ) targeting known drug, currency and human trafficking routes operating in the South Texas area to points north. The funding provides for overtime, retirement for sworn officers and mileage. There is no City match required. Funding is available from October 1, 2015 — August 31, 2016. 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: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $270,220 $270,220 BALANCE $270,220 $270,220 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $270,220 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2016 Local Border Security Program Grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $270,220 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2016 Local Border Security Program Grant. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 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 October 13, 2015 Action Item for the City Council Meeting of October 20, 2015 DATE: TO: September 24, 2015 Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.corn 826-3360 Legal Services Contract with Tim Brown for general water issues CAPTION: Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus expenses. PURPOSE: To obtain legal services for general water law issues for FY 2015-2016. BACKGROUND AND FINDINGS: Tim Brown has many years of experience in dealing with City of Corpus Christi water issues. ALTERNATIVES: Hire water law specialist as a permanent City employee. OTHER CONSIDERATIONS: Mr. Brown provides legal advice during legislative session concerning water issues. CONFORMITY TO CITY POLICY: This request conforms to City Charter provision regarding employment of legal counsel. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Environmental & Strategic Initiatives FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $616,000 $616,000 Encumbered / Expended Amount 0 0 This item $84,000 $84,000 BALANCE $532,000 $532,000 Fund(s): Water RECOMMENDATION: Staff recommends approval of the legal services contract. LIST OF SUPPORTING DOCUMENTS: Letter agreement attached. October 1, 2015 Mr. Timothy L. Brown Attorney at Law 919 Congress Avenue, Suite 460 Austin, Texas 78701 Re: Legal Services Agreement to Assist the City with general water issues and ongoing projects Dear Mr. Brown: This will confirm your agreement with the City of Corpus Christi to provide legal services to assist the City with general water issues and other matters as directed by the City Manager or City Attorney. You will work with the City Attorney and Utilities Department on specific projects, as requested by the City Manager, City Attorney, or their designees, including, but not limited to, assisting the City regarding legal issues related to any of the City's water rights, assisting the Corpus Christi Aquifer Storage and Recovery Water Conservation District, analyzing legal issues related to City's wholesale water supply contracts, analyzing legal issues related to the development of the City's water rights, assisting in negotiating and drafting of agreements relating to the City's water rights and water contracts, and assisting the City in regard to Federal and State legislative and agency matters that could affect the City's water rights. You will also keep informed as to discussions and proposals relating to general water related matters and provide the City with regular briefings. In addition, in coordination with and as requested by the City's Director of Intergovernmental Relations, you will act as one of the City's liaisons for legislative and regulatory matters dealing with water legislation during the regular and special session of the Texas Legislature, water rights, general water issues, environmental issues, and other matters as directed by the City Manager or City Attorney. You will assist the City, Legislative members, and regulatory entities by providing data, information, and research relating to the full range of issues covered under this agreement as directed by the City Manager or City Attorney. Your services will be performed beginning October 1, 2015 and ending September 30, 2016 at the monthly flat fee of $7,000 per month beginning October 1, plus expenses. When travel is requested by the City, the City of Corpus Christi will reimburse you for reasonable and customary charges for travel, when itemized. (For example, first class airfare and luxury suites are not considered reasonable.) Invoices shall be provided to indicate work performed for City on hourly basis. Billing will be submitted monthly to Miles Risley, City Attorney, and shall be payable within 30 days of receipt. You will notify the City Attorney promptly if you should discover any conflict of interest between your representation of the City and any other interest or client that you may have. This agreement is exclusive of any other agreement between you and the City and may be cancelled at any time with 30 days notice to either party. Please indicate your acceptance by your signature below and return to the City Attorney. Sincerely, Ronald L. Olson City Manager ACCEPTED: Timothy L. Brown AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: September 24, 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 Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design Amendment No. 1 Ennis Joslin Road Extension BOND 2014 Proposition 2 Motion authorizing the City Manager, or designee, to move the Ennis Joslin Road to Holly Road Extension project from preliminary engineering to final design by executing Amendment No. 1 to the contract for professional services with Urban Engineering of Corpus Christi, Texas in the amount of $360,980.00 for a restated fee of $408,980.00. (Bond 2014, Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 for the Ennis Joslin Road Extension project. The original design was initiated by staff using a small A/E agreement and Amendment No. 1 will continue the project and move from preliminary engineering to final design. BACKGROUND AND FINDINGS: This project is part of Bond Issue 2014, Proposition No. 2 Street Projects approved by city voters in a general election held November 4, 2014. Brochure Description: "Ennis Joslin Extension (Holly to Williams) $3,400,000.00 — This project will construct the missing gap in Ennis Joslin from Williams to Holly." Project Description: This project provides for the engineering & design construction of a 5 -lane roadway section (four travel lanes and a continuous center turn lane) to connect Ennis Joslin Road from Williams Drive to Holly Road. Work includes: full -depth roadway construction with signals, curb and gutter, sidewalks, ADA curb ramps, pavement markings and traffic control plans. The design will maximize the available dedicated right-of-way. Design consideration will also address bike lanes or 10 - foot multi -use side path with sidewalk improvements in the corridor. Utility improvements include storm water system, water, wastewater, and various franchise utility relocations (as required). ORIGINAL SMALL A/E AGREEMENT: Urban Engineering was selected for this project under RFQ 2014-08. An initial small NE contract in the amount of $48,000 was previously authorized to develop a preliminary Engineering Letter Report (ELR) which would complete conceptual design and better define the scope, cost and schedule for the project. Tasks required for the ELR included Identifying Right Of Way (ROW), existing utility locations for upgrades, utility coordination, initial drainage areas served, and permitting requirements. The preliminary ELR provided a concise presentation of pertinent factors, such as, sketches, limits, concepts, cross section, preliminary layout, alignment, ROW requirements, and identification of utilities. AMENDMENT NO.1: Work authorized under this Amendment includes: • Preliminary tasks include project kick-off meeting, geotechnical investigation, prepare conceptual life -cycle cost estimate with recommended pavement sections, hydraulic analysis for storm water design, public outreach, traffic impacts, stakeholder coordination, and refined ELR. • Design tasks will provide completed ELR, project plans, specifications, and cost estimate (within prescribed budget). Additional work will include acquisition of four rights of way parcels. • The Bid phase follows and provides Authorization to Advertise (ATA), pre-bid conference, bid opening, and a recommendation letter for award. • Construction administration provides for pre -construction meeting, review contractor submittals, materials testing results analysis, as-builts, and any requests for clarification with design plans and specifications. ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No1. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015- 2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $5,900,000.00 $5,900,000.00 Encumbered / Expended Amount 0.00 48,000.00 48,000.00 This item 0.00 360,980.00 360,980.00 Future Anticipated Expenditures This Project 0.00 5,368,700.00 5,368,700.00 BALANCE $0.00 $122,320.00 $122,320.00 Fund(s): ST 23 Comments: RECOMMENDATION: City staff recommends execution of Amendment No. 1 with Urban Engineering for $360,980.00 for the Ennis Joslin Road Extension Project. (BOND 2014, Proposition 2) LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation NE Contract PROJECT BUDGET ESTIMATE Ennis Joslin Road Extension E15109 BOND 2014 PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2 $ 3,400,000.00 Utilities 2,500,000.00 TOTAL 5,900,000.00 FUNDS REQUIRED: Construction (preliminary estimate) 4,500,000.00 Contingency (10%) 450,000.00 Construction Inspection (estimate) 3% 177,000.00 Design Fees: Engineering (Urban Engineering) 48,000.00 Engineering (Urban Engineering) Amendment No. 1 360,980.00 Construction Materials Testing (TBD) 15,000.00 Geotechnical Study and Testing (Rock) 10,200.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) 1.5% 88,500.00 Engineering Services (Project Mgt / Constr Mgt) 2% 118,000.00 Misc. (Printing, Advertising, etc.) 10,000.00 TOTAL 5.777.680.00 ESTIMATED PROJECT BUDGET BALANCE $ 122,320.00 • s South Padre Island Drive O3 • 0 W Williams Dr. PROJECT LOCATION OCATION MAP NOT TO SCALE PROJECT: E15109 Ennis Joslin Road Extension Bond 2014 - Prop. 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 �pUS Cy 0411W �HCOPPOPc�tO . 7852 ‘t• Corpus Chr sti Capital Programs Ennis Joslin Road Extension BOND 2014 Proposition 2 Council Presentation October 13, 2015 Project Location Corpus Chr sti Capital Programs Project Layout co() Corpus Chr sti Capital Programs Project Layout 4111111*4 Corpus Chr sti Capital Programs TRAVEL LANE TRAVEL LANE i TRAVEL LANE EXISTING BOULEVARD SECTION AT WILLIAMS DRIVE TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE t t STANDARD TYPICAL SECTION TRAVEL LANE 4. Project Scope tat4 Corpus Chr sti Capital Programs Project includes: • Full -depth construction of a 5- lane roadway, 4 - travel lanes and a continuous center turn -lane • ADA compliant curb -ramps, sidewalks and pavement markings • Consideration of bike lanes and/or side path multi- use 10' concrete facilities • Utilities with new wastewater, water, storm water and gas lines • Land acquisition and Right of way dedication Project Schedule Corpus Chr sti Capital Programs 2015 2016 Jun Jul Aug Sep Oct Nov Dec Design Ja n Feb Mar Bid Apr May Jun Jul Aug Se p Construction Project Estimate: 240 Calendar Days 8 Months * The project is planned for substantial completion to allow traffic before the next schoolY ear starts. 1 AMENDMENT NO. 1 TO CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and Urban Engineering, a Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Ennis Joslin Road Extension BOND 2014 PROPOSITION 2 (Proiect No. E15109). This project will consist of full -depth construction of a five lane roadway section (four travel lanes and a continuous center turn lane) as a transitional section from primary arterial(A3), improvements and will include curb and gutter, sidewalks (as required), ADA curb -ramps and pavement marking. Utility improvements include underground storm water system, water distribution and sanitary sewer system, and various franchise utility relocations (as required). Future bikeway requirements will require evaluation at the time of design and shall conform to the adopted Bikeway Plan of the UTMP/ICSP. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the NE (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 NE 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 NE and written authorization is provided by the Director of Capital Programs. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Capital Programs. Amendment No. 1 Page 1 of 3 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 In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $360,980.00 (Three Hundred Sixty Thousand Nine Hundred Eighty Dollars and Zero Cents), for a restated fee not to exceed $408,980.00, (Four Hundred Eight Thousand Nine Hundred Eighty Dollars and Zero Cents) as shown in the attached Amendment No. 1, Exhibit "A". Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon 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 NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, Amendment No. 1 Page 2 of 3 contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Capital Programs. 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. CITY OF CORPUS CHRISTI J. H. Edmonds, P.E. Date Director of Capital Programs RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary IE' , kik,/ �5.1 u ne C. Urba gr . , P.E. Date ING .: Pri 'pal 2725 Swantner Drive Corpus Christi, TX 78404 (361) 854-3101 Office Project No. E15109 Accounting Unit: 3551-051 Account: 550950 Activity: E15109013551 EXP Account Category: 50950 Fund Name: Street CIP BOND 2014 Encumbrance No. Amendment No. 1 Page 3 of 3 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS ENNIS JOSLIN ROAD EXTENSION PROP 2 PROJECT NO. E15109 BOND ISSUE 2014 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. SCOPE: Ennis Joslin Road extension from Williams Drive to Holly, Bond 2014 — This project will consist of full -depth construction of a five lane roadway section (four travel lanes and a continuous center turn lane) as a transitional section from primary arterial (A3), improvements and will include curb and gutter, sidewalks (as required), ADA curb -ramps and pavement marking. Utility improvements include underground storm water system, water distribution and sanitary sewer system, and various franchise utility relocations (as required). Future bikeway requirements will require evaluation at the time of design and shall conform to the adopted Bikeway Plan of the UTMP/ICSP. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Prepare geotechnical investigation findings (see additional services). c) _ _ - .. - _ _ _ _ . Prepare conceptual life -cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. served- Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. 11URBANFS021DataWrojects10000011P1088961B5041ContractlFJCHIBIT A 072015.docx EXHIBIT "A" Page 1 of 11 July 20, 2015 etG. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. required per City Plan Proparation Standards Contract Format professional -design, 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. 4. 5. 6. affect, 7. Provide anticipated index of drawings and specifications. Sheet No. Title 1 Title Sheet and Plan Index 2 General Notes 3 Legend, Detail Symbols, Testing Schedule 4 Estimated Quantities 5 Sequence of Construction Plan 6 Sequence of Construction Plan 7 Construction Plan Sequencing Notes 8-12 Existing and Proposed Roadway Section Baseline 13 Asphalt Pavement Section and Details 14-20 Baseline Alignment and Control 21-24 Drainage Area Map 25-28 Street and Storm Water Plan and Profile IIURBANFS021QatalProjects100000UP1088961B5041ContractlEXHIBIT A 072015.docx EXHIBIT "A" Page 2 of 11 July 20, 2015 29-31 Street and Storm Water Lateral Profiles 32-33 Outfall Structure 34-37 TxDOT Standard Details 38-44 Inlet Details and Sections 45-50 Standard Storm Water Details 51-53 Bus Stop Details 54-55 Pollution Prevention Plan 56-58 Water Line Lateral Profiles 59-63 City Standard Water Details 64-65 City Standard Driveway Details 66-67 City Standard Accessible Details 68 Curb, Gutter and Sidewalk Details 69-71 Traffic Control Plan 72 Traffic Control Plan Sections and Dimensional Tables 73-76 Signage and Stripping Plan 77 Permanent Pavement Marking Detail 78 Crosswalk Pavement Marking Details 79 Typical Standard Pavement Markings 80 Raised Markers Reflectorized Profile Materials 81 Supplemental Markings Using Raised Pavement Markers 82 Pavement Markings for Two -Way Left Turn Lanes 83 Standard Pavement Markings (Words) 84 Standard Pavement Markings (Arrows) 85-87 Standard TxDOT Barricade and Construction Plans 88-91 Intersection Plans 92-93 Traffic Details Provide a summary table & required ROW parcels 'neeriRg 1 otter Re oFt Submit computer model file, results and calculations used to analyze drainage. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) IIURBAHFS0210ata1Projects100000UP108896165041CortractlEXHIBIT A 072015.docx EXHIBIT "A" Page 3 of 11 July 20, 2015 e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary. project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. EXHIBIT "A" Page 4 of 11 July 20, 2015 11 URBANFS021QatalProjects100000UPti088966B5041ContracflEXHIBIT A 072015.docx i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards.. I) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. EXHIBIT "A" Page 5 of 11 July 20, 2015 11URBANFS021Data1Projects100000UP108896185041CmsVactlE)(WRIT A 072015.docx f) g) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The NE will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be 11URBANFS021Qata1Projects100000UP1088961B5041Contrac tlEXHIBIT A 072015.docx EXHIBIT "A" Page 6 of 11 July 20, 2015 provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: in -the -area ■ . e. NPDES Permit/Amendments (including SSC, NOI NOT) g. Nueces County h. Toxas Historical Commission (THC) 1. U.S. Fish and Wildlife Seivico (USFWS) �. U.S. Army Corps of Engineers (USACE) I. Texas Department of Licensing and Regulation (TDLR ) • 2. Right-of-Wav (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the NE to develop the proposed alignment and its position relative to the existing 11URBAHFS021DataTrojects100000UP108896185041corttraGIEXHIBIT A 072015.docx EXHIBIT "A" Page 7 of 11 July 20, 2015 and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. I) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. EXHIBIT "A" Page 8 of 11 July 20, 2015 11URBANFS021DatalProjects100000UP108896185041Contrac0EXHtBIT A 072015.docx 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. utility facilities, such as manholes, valve boxes, posts, etc., and locations, Level C. seAstFustiea- 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City 11 URBANFS021DatalProjec:ts100000UP108896185041ContracllEXHIBIT A 072015.docx EXHIBIT "A" Page 9 of 11 July 20, 2015 staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity June 18, 2015 NTP August 2015 City provided Traffic assessment July 31, 2015 Draft ELR submittal August 14, 2015 City Review September 4, 2015 Final ELR submittal November 6, 2015 60% Design Submittal November 5, 2015 City Review 0 December 18, 2015 100% Final Submittal January 4 & 11, 2016 Advertise for Bids January 13, 2016 Pre -Bid Conference February 3, 2016 Receive Bids March 2016 Contract Award March 2016 Begin Construction August 2016 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: Summary of Fees EXHIBIT "A" Page 10 of 11 July 20, 2015 1111RBANFS021QatalProjects100000UP1088961B5041ContractlEXHIBIT A 072015.docx Basic Services Fees 1. Preliminary Phase 1A. Preliminary Phase - (Small A/E) $48,000 1 B. Preliminary Phase — (Completion) $58,000 2. Design Phase $165,900 3. Bid Phase $8,300 4. Construction Administration Phase $42,280 Subtotal Basic Services Fees $322,480 Additional Services Fees (Allowance) 1. Permit Preparation NPDES* $4,000 TDLR* $2,500 2. ROW Acquisition and Off -Site Drainage Parcels Survey (Estimated 4 Ea. Parcels @ $3,500.00 Each)* $14,000 3. Topographic Survey a * $42,000 4. Environmental Issues To Be Determined 5. Public Involvement N/A 6. Subsurface Utility Investigation N/A 7. Construction Observation Services To Be Determined 8. Warranty Phase $5,000 9. Area sidewalk review, survey and plans $19,000 Sub -Total Additional Services Fees Authorized $86,500 Total Authorized Fee $408,980 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 11 of 11 July 20, 2015 11URBANFS021DatalProjects100000uP108896185041CortUactIEXHIBIT A 072015.docx EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION 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 City's Risk Manager and Director of Capital Programs. 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 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. AMD. NO. 1 EXHIBIT "B" Page 1 of 3 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: Risk Manager 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 Tess 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 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. AMD. NO. 1 EXHIBIT "B" _ Page2of3 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 ("lndemnitee") 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 lndemnitee 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. AMD. NO. 1 EXHIBIT "B" Page3of3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI - = DISCLOSURE OF INTEREST City of CCohrg ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANYNAME: Urban Engineering P. O. BOX: N/A STREET ADDRESS: 2725 Swantner Drive FIRM IS: 1. Corporation 4. Association e CITY: Corpus Christi ZIP: 78404 2. Partnership 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the Cityof Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public ingeneral or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Eugene C. Urb n Jr., P.E. Title: (Type or Print) Signature of Certifying Person: DEFINITIONS Principal Date: g.I c l $ a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. ----- A o® CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YYYY) 08/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in IIeu of such endorsement(s). PRODUCER Willis of Illinois, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT NAME: (A/C. Ext):1-877-945-7378 FAX No):1-888-467-2378 E-MAIL ADDRESS: certificatesOwillis.com INSURERS) AFFORDING COVERAGE NAIC # INSURER A :Hanover Insurance Company 22292 INSUREDurban Engineering Chuck Urban 2725 Swantner St Corpus Christi, TX 78404 INSURER B : INSURER C : INSURER 0 EACH OCCURRENCE INSURER E : DAMAGE TO RENTED PREMISES (Ea occurrence) INSURER F : CERTIFICATE NUMBER W107667s REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADOL INSD SUBR WWVD POUCY NUMBER POUCY EFF (MM/DD/YYYY) POUCY EXP (MMIDDIYYYY) UMITS • COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PER: JECT LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _AUTOS SCHEDULED AUTOS NON -OWNED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS UAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Ya OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA R OTH- STAH TUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability LHC900686404 05/01/2015 05/01/2016 Per Claim: $2,000,000 Aggregate: $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Ennis Joslin Road Extension Prop 2 - Project No. E15109 CANCELLATION City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /2 - 4 fn'�"w ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:10067062 BATCH:Batch If: 166645 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 13, 2015 Action Item for the City Council Meeting of October 20, 2015 DATE: TO: September 23, 2015 Ronald L. Olson, City Manager FROM: Mike Culbertson, Chief Operating Officer Corpus Christi Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Grant for Texas A&M University — Corpus Christi Internship Program CAPTION: Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University — Corpus Christi (TAMU-CC) to provide grant up to $238,635 for their internship program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. PURPOSE: The purpose of this item is to award a Business and Job Development Corporation ("Type A") Grant for TAMU-CC's Internship Program through a Small Business Incentives Agreement ("Agreement") fora period lasting until December 31, 2016. BACKGROUND AND FINDINGS: TAMU-CC has an Internship Program where students can work for a local company as an intern. The local company will pay minimum wage, while the Type A Grant will match the wage up to $5.00 per hour, plus FICA. This encourages companies to hire interns, allows the student to get real work experience, and has a goal to create new jobs. The Program has received Type A Funding since 2007. The Type A Board requested CCREDC staff look at ways to improve the administration and return of the Internship Program. Staff looked at average intern wages and the concerns that were discussed at the April 7th Type A Workshop. This updated Agreement addresses those concerns by: 1) creating a maximum match of $5.00 per hour, versus the previous $7.25 per hour; 2) codifying the employment performance requirement; and 3) codifying reporting requirements, specifically whether student received employment in area, also codified in the updated Type A Guidelines. To ease administration and coordination with TAMU-CC's semester schedule, this Agreement is for a term lasting until December 31, 2016. Texas A&M University Internship Progress Report 2008-2015 Year # of F/T Jobs Created # of P/T Interns Placed # of Interns Placed # of Employers Unduplicated 2008-2009 10 1 66 25 2009-2010 6 0 84 20 2010-2011 15 9 102 27 2011-2012 8 19 111 28 2012-2013 8 5 115 28 2013-2014 28 12 85 36 2014-2015 15 15 87 30 ALTERNATIVES: The Council may choose to not fund the program or to fund it at a lower amount. OTHER CONSIDERATIONS: • Recommended for Approval by the CCREDC Board on August 13, 2015. • Approved by Type A Board on September 21, 2015. CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 238,635 238,635 Encumbered / Expended Amount This item 238,635 238,635 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business budget for FY 2016. RECOMMENDATION: Staff recommends approving the grant for $238,635 for the Internship Program. LIST OF SUPPORTING DOCUMENTS: Resolution & Agreement — TAMU-CC Internship Program Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University — Corpus Christi (TAMU-CC) to provide grant up to $238,635 for their internship program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from TAMU-CC for an intern program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for an intern program between the Type A Corporation and TAMU-CC; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and TAMU-CC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and TAMU-CC for an intern program within the City of Corpus Christi, in the form attached to this resolution, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation, in the form attached to this resolution, for the implementation and administration of the business incentives agreement with TAMU-CC. This resolution takes effect upon City Council approval on this the day of , 2015. Resolution TAMU-CC ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 Page 2 of 2 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill Resolution TAMU-CC SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Texas A & M University - - Corpus Christi, a Texas institution of higher education ("TAMU-CC"). 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, Section 504.002 et seq, ("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 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, TAMU-CC has requested business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and TAMU-CC will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); Page 1 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revisions 9-11-15) WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU-CC agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for fifteen months from October 1, 2015, through December 31, 2016. b. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. Per the guidelines, TAMU-CC must reapply every year for the grant. 3. Grant. a. The Corporation will grant TAMU-CC an incentive of up to Two Hundred Thirty-eight Thousand Six Hundred Thirty Five Dollars ($238,635.00), which must be used to fund up to $5.00 per hour the salary of the interns during the Fall Semester of 2015, Spring Semester of 2016, Summer Session in 2016, and the Fall Semester 2016, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $12.25 per hour, while participating in TAMU-CC's Small Business Employer Intern Program. b. The Corporation's grant conditioned upon TAMU-CC's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by TAMU-CC to the small business employers during the prior month. 4. TAMU-CC's Duties and Responsibilities. a. TAMU-CC shall provide administrative oversight and direct supervision for the placement of interns in the TAMU-CC's Small Business Employer Intern Program. b. TAMU-CC shall create and maintain not less than one part-time intern (1) employment position to assist in the Small Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement, The intern must be paid $12.25 per hour. c. TAMU-CC shall place, with small businesses in Corpus Christi, up to the total number of interns specified in Schedule A, during any the academic year. (1) Since the primary goal of the TAMU-CC's Small Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, Pagc 2 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revisions 9-11-15) placements must be based on the needs of the small business with the goal of providing the business with resources that make the business more effective and provide growth opportunities for the businesses. (2) For the purpose of this section a small business may include a chambers of commerce, non-profit organizations, and other entity that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. TAMU-CC shall ensure that the small business employer of each intern pays the student intern the minimum wage, and TAMU-CC shall match the small business employer's payments to the interns up to $5.00 per hour. e. TAMU-CC shall try to place the interns for 20 hours per week and 12 weeks per semester or summer sessions. f. TAMU-CC shall work with the small businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, TAMU-CC agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. d. TAMU-CC agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. TAMU-CC agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. f. TAMU-CC shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. Page 3 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revisions 9-11-15) 6. Reports and Monitoring. a. TAMU-CC shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMU-CC employer Quarterly Reports, or employee rosters and other reports listed below - i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company v. whether the intern received a job in the area. b. TAMU-CC, during normal working hours shall allow the Corporation and its designee, City of Corpus Christi Economic Development Department, reasonable access to TAMU- CC's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives. as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. TAMU-CC warrants and represents to Corporation the following: a. TAMU-CC is a member of the Texas A&M University System, and an institution of higher education under the laws of the State of Texas. b. TAMU-CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. TAMU-CC has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. TAMU-CC has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TAMU-CC are duly authorized to execute this Agreement on behalf of TAMU-CC. f. TAMU-CC does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, TAMU-CC is convicted of a violation under §U.S.C. Section 1324a(f), TAMU-CC shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date TAMU-CC has been notified of the violation. 8. Compliance with Laws. TAMU-CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 4 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revisions 9-11-15) 9. Non -Discrimination. TAMU-CC covenants and agrees that TAMU-CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or TAMU-CC are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU-CC are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. TAMU-CC may not assign all or any part of its rights. privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent permitted by the laws and the Constitution of the State of Texas, TAMU-CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU- CC activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. TAMU-CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by TAMU-CC. The following events constitute a default of this Agreement by TAMU-CC: a. The Corporation or City determines that any representation or warranty on behalf of TAMU-CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against TAMU-CC or any attachment or other levy against the property of TAMU-CC with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. TAMU-CC makes an assignment for the benefit of creditors. d. TAMU-CC files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 5 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revisions 9.11-15) e. If taxes owed by TAMU-CC become delinquent, and TAMU-CC fails to timely and properly follow the legal procedures for protest or contest. f. TAMU-CC changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that TAMU-CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU-CC in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for TAMU- CC to cure the event of default. 15. Results of Uncured Default by TAMU-CC. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU-CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. TAMU-CC shall immediately repay all funds paid by Corporation to them under this Agreement. b. To the extent permitted by the laws and Constitution of the State of Texas, TAMU-CC shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by TAMU-CC of all sums due, the Corporation and TAMU-CC shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any consequential damages. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU-CC's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU-CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Page 6 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revisions 9-11-15) 17. TAMU-CC specifically agrees that Corporation shall only be liable to TAMU-CC for the actual amount of the money grants to be conveyed to TAMU-CC, and shall not be liable to TAMU-CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from TAMU-CC to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU-CC: Texas A & M University — Corpus Christi Attn: Director of Contracts & Property 6300 Ocean Drive, Unit 5731 Corpus Christi, Texas 78412-5731 contracts@TAMU-CC.edu Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 7 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revisions 9-11-15) 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU-CC will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Governing Law. The validity of this Agreement and all matters pertaining thereto, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. 27. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU-CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 8 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revisions 9-11-15) APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Date: Attest: By; Dr. Bryan Gulley President Rebecca Huerta Assistant Secretary Texas A-1VLUniversity — Corpus Christi By: #eGius C. Killebrew, Ph.D. President/CEO Date: l "I( yr THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 3tirttitiL EkJ 2015, by Flavius C. Killebrew, Ph.D., President/CEO, Texas A & M University - Corpus Christi, a Texas institution of hig Ter education, on behalf of theUuniversity. ,. ]0.1.306 Notary Public State of Ttixa My Commission Expires: 3 'al q # ALA:: -<,•1 ".e:; MARY E GONZALEZ S (notary Public 1 STATE OF TEXAS .GiisMy Comm. bp. 03.12.2019 NOTARY WITHOUT BOND Page 9 Agreement Career Services re Corpus Christi Business & Job Development (CCB&JD final accepting revis.ons 9-11-15) BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). 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 Section 504.002 et seq, ("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 passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 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 Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Texas A&M University — Corpus Christi ("TAMU-CC") has submitted a proposal to the Type A Corporation requesting business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund TAMU-CC's intern program; and WHEREAS, the Type A Corporation and TAMU-CC have executed a small business incentive agreement for an intern program to support small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Small Business Incentive Agreement between the Type A Corporation and TAMU-CC related to TAMU-CC's intern program to support small businesses in Corpus Christi ("Business Incentive Agreement"). Page 1 of 3 Project Support Agreement - TAMU-CC Intern 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Project Support Agreement - TAMU-CC Intern APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Dr. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary Project Support Agreement - TAMU-CC Intern Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 13, 2015 Action Item for the City Council Meeting of October 20, 2015 DATE: TO: September 23, 2015 Ronald L. Olson, City Manager FROM: Mike Culbertson, Chief Operating Officer Corpus Christi Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Grant for Del Mar College Internship Program CAPTION: Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $217,223 for their internship program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. PURPOSE: The purpose of this item is to award a Business and Job Development Corporation ("Type A") Grant for Del Mar's Internship Program through a Small Business Incentives Agreement ("Agreement") fora period lasting until December 31, 2016. BACKGROUND AND FINDINGS: Del Mar has an Internship program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A Grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Program has received Type A Funding since 2007. The Type A Board requested CCREDC staff look at ways to improve the administration and return of the Internship Program. Staff looked at average intern wages and the concerns that were discussed at the April 71h Type A Workshop. This updated Agreement addresses those concerns by: 1) creating a maximum match of $5.00 per hour, versus the previous $7.25 per hour; 2) codifying the employment performance requirement; 3) codifying reporting requirements, specifically whether student received employment in area, also codified in the updated Type A Guidelines; and 4) including skills for the programs the Type A Board has funded, such as Aviation and Process and Instrumentation Programs. To ease administration and coordination with Del Mar's semester schedule, this Agreement is for a term lasting until December 31, 2016. Del Mar College Internship Progress Report 2008-2015 Year # of F/T Jobs Created # of P/T Interns Placed 0 # of Interns Placed 102 # of Employers unduplicated 27 2008-2009 8 2009-2010 4 36 71 24 2010-2011 6 16 64 19 2011-2012 6 41 93 22 2012-2013 14 21 85 25 2013-2014 21 24 93 26 2014-2015 23 24 93 29 Total number from 2008-2015 # Of F/T Jobs = 82 # Of P/T Jobs = 162 # Of Interns Placed = 601 # Of Employers = 172 ALTERNATIVES: The Council may choose to not fund the program or to fund it at a lower amount. OTHER CONSIDERATIONS: • Recommended for Approval by the CCREDC Board on August 13, 2015. • Approved by Type A Board on September 21, 2015. CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: n Operating n Revenue n Capital n Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 217,223 217,223 Encumbered / Expended Amount This item 217,223 217.223 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business budget RECOMMENDATION: Staff recommends approving the grant for $217,223 for the internship program. LIST OF SUPPORTING DOCUMENTS: Resolution & Agreement — Del Mar Internship Grant Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $217,223 for their internship program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Del Mar for an intern program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for an intern program between the Type A Corporation and Del Mar; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and Del Mar. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and Del Mar for an intern program within the City of Corpus Christi, in the form attached to this resolution, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation, in the form attached to this resolution, for the implementation and administration of the business incentives agreement with Del Mar. This resolution takes effect upon City Council approval on this the day of , 2015. Resolution Del Mar ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 Page 2 of 2 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill Resolution Del Mar SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher education ("Del Mar"). 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, Section 504.002 et seq, ("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 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Del Mar has requested business development funds from the Board to assist businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and Del Mar will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the small businesses with resources that make the small businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); Page 1 of 9 Small Business Internship Agreement Del Mar 2015-2016 docx WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for fifteen months from October 1, 2015, through December 31, 2016. b. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. Per the guidelines, Del Mar must reapply every year for the grant. 3. Grant. a. The Corporation will grant Del Mar an incentive of up to Two Hundred Seventeen Thousand Two Hundred Twenty Three Dollars ($217223.00), which must be used to fund up to $5.00 per hour the salary of up to a total of the interns during the Fall Semester of 2015, Spring Semester of 2016, Summer Session in 2016, and the Fall Semester 2016, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $12.25 per hour, while participating in Del Mar's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon Del Mar's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by Del Mar to the small business employers during the prior month. 4. Del Mar's Duties and Responsibilities. a. Del Mar shall provide administrative oversight and direct supervision for the placement of interns in the Del Mar's Business Employer Intern Program. b. Del Mar shall create and maintain not less than two part-time intern (2) employment positions to assist in the Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement The intern must be paid $12.25 per hour, c. Del Mar shall place, with businesses in Corpus Christi, up to the total number of interns specified in Schedule A, during the academic year. (1) Since the primary goal of the Del Mar's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage Page 2 of 9 Small Business Internship Agreement Del Mar 2015-2016.docx growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the small business with resources that make the business more effective and provide growth opportunities for the businesses. (2) Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. Del Mar shall ensure that the business employer of each intern pays the student intern the minimum wage, and Del Mar shall match the small business employer's payments to the interns up to $5.00 per hour. e. Del Mar shall try to place the interns for 19 hours per week and 12 weeks per semester or summer sessions. f. Del Mar shall work with the businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, Del Mar agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. d. Del Mar agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. Del Mar agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. Page 3 of 9 Small Business Internship Agreement Del Mar 2015-2016 docx f. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. a. Del Mar shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, Del Mar employer Quarterly Reports, or employee rosters and other reports listed below: i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company v. whether the intern received a job in the area. b. Del Mar, during normal working hours shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to Del Mar's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all institutional power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Del Mar has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under §U.S.C. Section 1324a(f), Del Mar shall repay the payments at the rate Page 4 of 9 Agreement Del Mar and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Del Mar has been notified of the violation. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non -Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. indemnity. To the extent authorized by law Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees"} against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or ali of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. Page 5 of 9 Small Business Internship Agreement Del Mar 2015-2016 docx c. Del Mar makes an assignment for the benefit of creditors. d. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. f. Del Mar changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 15. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Del Mar may be held liable for any consequential damages. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time Page 6 of 9 Small Business Internship Agreement Del Mar 2015-2016 docx avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Attn: President 101 Baldwin Corpus Christi, Texas 78404 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 7 of 9 Small Business Internship Agreement Del Mar 2015-2016.docx c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal. valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 13.a and b shall survive the termination of this Agreement. Page 8 of 9 Small Business Internship Agreement Del Mar 2415-2016 docx APPROVED AS TO FORM: day of 2015. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Dr. Bryan Gulley President Rebecca Huerta Assistant Secretary Del Mar College By: Date: Mark Escamilla, Ph.D "President THE STATE OF TEXAS COUNTY OF NUECES " ` This instrument was acknowledged before me on Sep m Uf r 14 , 2015, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Public St-te of Texas JESS ANN ALANIZ Notary Public, State of Texas My Commission Expires 0111512016 Page 9 of 9 Small Business Intemsh:p Agreement Del Mar 2715-2016.docx BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). 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 Section 504.002 et seq, ("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 passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 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 Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Del Mar College ("Del Mar") has submitted a proposal to the Type A Corporation requesting business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Del Mar's intern program; and WHEREAS, the Type A Corporation and Del Mar have executed a small business incentive agreement for an intern program to support small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Small Business Incentive Agreement between the Type A Corporation and Del Mar related to Del Mar's intern program to support small businesses in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 Project Support Agreement - Del Mar Intern 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Project Support Agreement - Del Mar Intern APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Dr. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary Project Support Agreement - Del Mar Intern Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 13, 2015 Action Item for the City Council Meeting of October 20, 2015 DATE: TO: September 22, 2015 Ronald L. Olson, City Manager FROM: Mike Culbertson, Chief Operating Officer Corpus Christi Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Grant for Del Mar College Procurement Technical Assistance Program CAPTION: Resolution to approve the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide a grant up to $37,500 for their Procurement Technical Assistance Center (PTAC) to assist small business and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. PURPOSE: The purpose of this item is to award a Business and Job Development Corporation ("Type A") Grant for Del Mar's PTAC program through a Small Business Incentives Agreement ("Agreement") for calendar year 2016. BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College - Center for Economic Development. PTAC counsels small businesses in the area of government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify to bid on contracts, and gives them access to a portal to find these contracts. PTAC was instrumental in working with Corpus Christi Army Depot (CCAD) to engage small tool and die shops to bid on specialty tool orders from CCAD. PTAC is asking for $37,500 to maintain funding of a full-time position to help in the PTAC planning room. PTAC has been awarded $37,500 in Type A Funding annually, since 2013. During this time PTAC has helped over 276 companies. These companies have been awarded $21,904,800 in orders and they have also added 125 fulltime employees. ALTERNATIVES: The Council may choose to not fund the program or fund it at a lower amount. OTHER CONSIDERATIONS: • Recommended for Approval by the CCREDC Board on August 13, 2015. • Approved by Type A Board on September 21, 2015. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 37,500 37,500 Encumbered / Expended Amount This item 37,500 37,500 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business Projects budget for FY 2016. RECOMMENDATION: Staff recommends approval of a grant of $37,500 for PTAC for the calendar year 2016. LIST OF SUPPORTING DOCUMENTS: Resolution & Agreement — Del Mar PTAC Grant Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $37,500 for their Procurement Technical Assistance Center (PTAC) to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Del Mar for their Procurement Technical Assistance Center program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for a PTAC program between the Type A Corporation and Del Mar; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and Del Mar. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and Del Mar for their Procurement Technical Assistance Center program within the City of Corpus Christi, which agreement is attached to this resolution, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation, in the form attached to this resolution, for the implementation and administration of the business incentives agreement with Del Mar. This resolution takes effect upon City Council approval on this the day of , 2015. Resolution PTAC ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 Page 2 of 2 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill Resolution PTAC SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every $50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: Page 1 of 9 Agreement PTAC 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for one year from January 1, 2016, through December 31, 2016. b. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Performance Requirements and Grants. DEL MAR shall educate small businesses on the requirements of government procurement, help them get certified to qualify to bid on contracts, and give them access to a portal to find these contracts. The grant shall not to exceed $37,500. The Corporation will pay the grant to DEL MAR as invoices are received. DEL MAR will display signage that states that they are recipients of Type A funding. This signage will be provided to DEL MAR by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Utilization of Local Contractors and Suppliers. DEL MAR 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 being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. DEL MAR agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of DEL MAR to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if DEL MAR is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 5. Utilization of Disadvantaged Business Enterprises ("DBE). DEL MAR 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 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. DEL MAR agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. DEL MAR agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the Page 2 of 9 Agreement PTAC efforts of DEL MAR to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if DEL MAR is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 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. 6. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement 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. 7. 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. 8. Warranties. DEL MAR warrants and represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. DEL MAR has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. DEL MAR has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. DEL MAR has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of DEL MAR is duly authorized to execute this Agreement on behalf of DEL MAR. Page 3 of 9 Agreement PTAC f. DEL MAR does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, DEL MAR is convicted of a violation under §U.S.C. Section 1324a(f), DEL MAR shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date DEL MAR has been notified of the violation. 9. Compliance with Laws. During the Term of this Agreement, DEL MAR shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non -Discrimination. DEL MAR covenants and agrees that DEL MAR will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or DEL MAR are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or DEL MAR are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. DEL MAR may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 13. Indemnity. DEL MAR covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with DEL MAR activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the indemnitees. DEL MAR must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Page 4 of 9 Agreement PTAC 14. Events of Default by DEL MAR. The following events constitute a default of this Agreement by DEL MAR: a. The Corporation or City determines that any representation or warranty on behalf of DEL MAR contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against DEL MAR or any attachment or other levy against the property of DEL MAR with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. DEL MAR makes an assignment for the benefit of creditors. d. DEL MAR files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by DEL MAR become delinquent, and DEL MAR fails to timely and properly follow the legal procedures for protest or contest. f. DEL MAR changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. DEL MAR fails to comply with one or more terms of this Agreement. 15. Notice of Default. Should the Corporation or City determine that DEL MAR is in default according to the terms of this Agreement, the Corporation or City shall notify DEL MAR in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for DEL MAR to cure the event of default. 16. Results of Uncured Default by DEL MAR. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of DEL MAR, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. DEL MAR shall immediately repay all funds paid by Corporation to them under this Agreement. b. DEL MAR shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. Page 5 of 9 Agreement PTAC c. Upon payment by DEL MAR of all sums due, the Corporation and DEL MAR shall have no further obligations to one another under this Agreement. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of DEL MAR's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time DEL MAR is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. DEL MAR specifically agrees that Corporation shall only be liable to DEL MAR for the actual amount of the money grants to be conveyed to DEL MAR. and shall not be liable to DEL MAR for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from DEL MAR to be accompanied by all necessary supporting documentation. 19. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. Page 6 of 9 Agreement PTAC 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Procurement Manager 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 21. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 22. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 23. Relationship of Parties. In performing this Agreement, both the Corporation and DEL MAR will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 24. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. Page 7 of 9 Agreement PTAC 25. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and DEL MAR. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) Page 8 of 9 Agreement PTAC Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Dr. Bryan Gulley President Rebecca Huerta Assistant Secretary Del Mar College—Corpus Christi By: Dr.) lark Escamilla, Ph.D. President Date: 4/r THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on SP pal b , 2015, by Dr. Mark Escamilla, Ph.D., President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. arm_ OLA tary Public State of Texas Agreement PTAC JESSICA ANN ALANfZ Notary Public, State of Texas My Commission Expires 07/16/2016 Page 9 of 9 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). 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 Section 504.002 et seq, ("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 passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 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 Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Del Mar College ("Del Mar") has submitted a proposal to the Type A Corporation requesting business development funds from the Board to assist small businesses by providing a Procurement Technical Assistance Center (PTAC) which will assist small businesses qualify for and submit bids for government procurement contracts; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Del Mar's PTAC program; and WHEREAS, the Type A Corporation and Del Mar have executed a small business incentive agreement for the PTAC program to support small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Small Business Incentive Agreement between the Type A Corporation and Del Mar related to Del Mar's PTAC program to support small businesses in Corpus Christi ("Business Incentive Agreement"). Page 1 of 3 Project Support Agreement - Del Mar PTAC 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Project Support Agreement - Del Mar PTAC APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Dr. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary Project Support Agreement - Del Mar PTAC Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 13, 2015 Action Item for the City Council Meeting of October 20, 2015 DATE: TO: September 22, 2015 Ronald L. Olson, City Manager FROM: Mike Culbertson, Chief Operating Officer Corpus Christi Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Grant for Service Corps of Retired Executives (SCORE) Chapter 221 CAPTION: Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $50,000 for their small business assistance program and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. PURPOSE: The purpose of this item is to award a Business and Job Development Corporation ("Type A") Grant to SCORE for their small business support program through a Small Business Incentive Agreement ("Agreement") for Fiscal Year 2016. BACKGROUND AND FINDINGS: SCORE aids small businesses in Corpus Christi through their outreach, by holding workshops on various subjects of use to the small business owner, and by providing counseling through face to face meetings and through emails. It is a national nonprofit association with 13,000+ volunteers who offer small business entrepreneurs confidential business counseling services at no charge. For our local chapter, SCORE utilizes a coordinator to assist volunteers and administer the workshops and advertising for these workshops. SCORE has received Type A funding for this position since 2008. They have helped over 2,000 small businesses in the city each year, for the past three years. The Type A Board asked that SCORE record the number of unique business contacts in the future. This updated Agreement includes that requirement. ALTERNATIVES: The Council may choose to not fund the program or to fund it at a lower amount. OTHER CONSIDERATIONS: • Recommended for Approval by the CCREDC Board on August 13, 2015. • Approved by Type A Board on September 21, 2015. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 50,000 50,000 Encumbered / Expended Amount This item 50,000 50,000 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business Projects budget for FY 2016. RECOMMENDATION: Staff recommends approval of a grant of $50,000 for SCORE for the Fiscal Year 2016. LIST OF SUPPORTING DOCUMENTS: Resolution & Agreement — SCORE Grant Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $50,000 for their small business assistance program and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from SCORE for their small business assistance program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for an intern program between the Type A Corporation and SCORE; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and SCORE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and SCORE for a small business assistance program within the City of Corpus Christi, which agreement is attached to this resolution, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation, in the form attached to this resolution, for the implementation and administration of the business incentives agreement with SCORE. This resolution takes effect upon City Council approval on this the day of , 2015. Resolution SCORE ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 Page 2 of 2 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill Resolution SCORE BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SERVICE CORPS OF RETIRED EXECUTIVES (SCORE) CHAPTER 221 FOR JOB TRAINING This Business Incentive Agreement for Job Training ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Service Corps of Retired Executives Chapter 221 ("SCORE"), a Washington, D.C. non-profit corporation. 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, Section 504.002 et seq, ("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 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, SCORE will provide assistance to small businesses, persons, and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro -forma statements, forms of business entity, financial implications of business decisions, and all other aspects of small business operations; WHEREAS, SCORE proposes to retain an executive assistant/coordinator to assist SCORE volunteers in administrating the assistance program; WHEREAS, on September 21, 2015 the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to SCORE, Agreement SCORE through this Agreement with SCORE, to be used by SCORE to provide assistance to small businesses. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and SCORE agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for one year from October 1, 2015, through September 30, 2016. b. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. Per the guidelines, SCORE must reapply every year for the grant. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed below; • Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed Fifty Thousand Dollars ($50,000.00). • Providing 1,620 hours of general and technical services to small businesses through volunteer counselors. • SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. • SCORE shall provide quarterly reports on its performance requirements. The reports must document: a. Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. b. Number of workshops with description of workshop and number of attendees. c. Number of small business owners or prospective owners who were provided counseling by email or on-line services. • SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the City's Economic Development Department ("Department"), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of records and information shall be maintained by Corporation and Department, unless the records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 4. Utilization of Local Contractors and Suppliers. SCORE 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 being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, 2 Agreement SCORE suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 5. Utilization of Disadvantaged Business Enterprises ("DBE'). SCORE 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 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. SCORE agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 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. 6. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement 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. 7. 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. 8. Warranties. SCORE warrants and represents to Corporation the following: a. SCORE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. 3 Agreement SCORE b. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. SCORE has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. SCORE has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of SCORE is duly authorized to execute this Agreement on behalf of SCORE. f. SCORE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under §U.S.C. Section 1324a(f), SCORE shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120t day after the date SCORE has been notified of the violation. 9. Compliance with Laws. During the Term of this Agreement, SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non -Discrimination. SCORE covenants and agrees that SCORE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin. marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or SCORE are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or SCORE are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. SCORE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 4 Agreement SCORE 13. Indemnity. SCORE covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (`Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property Toss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with SCORE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. SCORE must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default by SCORE. The following events constitute a default of this Agreement by SCORE: a. The Corporation or City determines that any representation or warranty on behalf of SCORE contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. SCORE makes an assignment for the benefit of creditors. d. SCORE files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by SCORE become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. f. SCORE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. SCORE fails to comply with one or more terms of this Agreement. 15. Notice of Default. Should the Corporation or City determine that SCORE is in default according to the terms of this Agreement, the Corporation or City shall notify SCORE in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for SCORE to cure the event of default. 5 Agreement SCORE 16. Results of Uncured Default by SCORE. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of SCORE, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. SCORE shall immediately repay all funds paid by Corporation to them under this Agreement. b. SCORE shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of SCORE'S default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of 6 Agreement SCORE grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. 19. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: SCORE Chapter 221: SCORE 221 Chapter Chair 2820 South Padre Island Drive Suite 108 Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 21. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. i Agreement SCORE 22. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 23. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 24. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 25. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and SCORE. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise. not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. a Agreement SCORE APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Dr. Bryan Gulley President Date: Attest: By: Rebecca Huerta Assistant Secretary SCORE Ch pter 221 i .-4 oe Dove President By: Date: THE STATE OF TEXAS COUNTY OF NUECES § § This instrument was acknowledged before me on President for Service Corps of Retired Executives (SC non-profit corporation, on behalf of the corporation. n'24:1-4-4),44-1 Notary Pt, b Ic State of as MARGARET E. THOMPSON Notaoy Public, State of Texas My Commission Expires July 24, 2018 9 Agreement SCORE 2015, by Joe Dove, E) Chapter 221, a Washington, D.C. BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). 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 Section 504.002 et seq, ("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 passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 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 Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Service Corps of Retired Executives ("SCORE") Chapter 221 has submitted a proposal to the Type A Corporation requesting business development funds from the Board to assist small businesses by providing workshops and counselling; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund SCORE's small business assistance program; and WHEREAS, the Type A Corporation and SCORE have executed a small business incentive agreement for SCORE to support small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Small Business Incentive Agreement between the Type A Corporation and SCORE related to SCORE's program to support small businesses in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 Project Support Agreement - SCORE 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Project Support Agreement - SCORE APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Dr. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary Project Support Agreement - SCORE Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 13, 2015 Action Item for the City Council Meeting of October 20, 2015 DATE: TO: September 22, 2015 Ronald L. Olson, City Manager FROM: Mike Culbertson, Chief Operating Officer Corpus Christi Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Grant for LiftFund, Inc. Loan Buy -Down Program CAPTION: Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. (LiftFund) to provide a grant up to $250,000 for their loan buy -down program to assist small business and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. PURPOSE: The purpose of this item is to award a Business and Job Development Corporation ("Type A") Grant for LiftFund's Loan Buy -Down Program through a Small Business Incentives Agreement ("Agreement") for Fiscal Year 2016. BACKGROUND AND FINDINGS: LiftFund, Inc. supports small and start-up companies with a Loan Interest Buy -Down Program when traditional financing is not available. The Program has received Type A Funding since 2004. LiftFund has loaned over $7 million of their own funds and has assisted over 250 small businesses in the city since the inception of this program. By helping small businesses the City is supporting economic development and growing future jobs. ALTERNATIVES: An alternative is to enlist local banks to lend to small businesses; however to qualify for this program, a small business must have been turned down for a bank loan. Additionally local banks already participate in the Small Business Administration (SBA) loan program. OTHER CONSIDERATIONS: • Recommended for Approval by the CCREDC Board on August 13, 2015. • Approved by Type A Board on September 21, 2015. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and assisting small businesses thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating o Revenue Capital Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 250,000 250,000 Encumbered / Expended Amount This item 250,000 250,000 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business Projects budget for FY 2016. RECOMMENDATION: Staff recommends approval of a grant of $250,000 for LiftFund for the Fiscal Year 2016. LIST OF SUPPORTING DOCUMENTS: Resolution & Agreement — LiftFund Buy Down Program Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. (LiftFund) to provide grant up to $250,000 for their loan buy -down program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from LiftFund for a loan buy -down program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for a loan buy -down program between the Type A Corporation and LiftFund; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and LiftFund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and LiftFund for a loan buy -down program within the City of Corpus Christi, which agreement is attached to this resolution, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation, in the form attached to this resolution, for the implementation and administration of the business incentives agreement with LiftFund. This resolution takes effect upon City Council approval on this the day of , 2015. Resolution LiftFund ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 Page 2 of 2 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill Resolution LiftFund SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND LIFTFUND, INC. FOR AN INTEREST BUY DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentives Agreement for an Interest Buy Down Program for Small Businesses ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and LiftFund, Inc., a Texas nonprofit corporation ("LiftFund"). 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, Section 504.002 et seq, ("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 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, LiftFund is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, LiftFund anticipates, over the next twelve months, providing interest buy down to 5.5% for approximately 60 loans with an average value of $25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 20 new permanent full-time jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to LiftFund, through this contract with LiftFund, to be used by LiftFund to buy down the interest on commercial loans to 5.5% interest for small businesses and establish a small business grant program, both of which will result in creation of new full-time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and LiftFund agree as follows: Page 1 of 12 Agreement LiftFund 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from October 1, 2015, through September 30, 2016. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. Per the guidelines, LiftFund must reapply every year for the grant. 3. Loan Loss Reserve Program. a. The Corporation has previously provided $75,000 for the Loan Loss Reserve Program. b. The Loan Loss Reserve Program funds will be used to allow LiftFund to leverage additional capital for small business loans. c. "Small business" is defined in the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ("Corporation Guidelines). d. LiftFund anticipates that it will have one million dollars available on an annual basis to be lent to qualifying small businesses in Corpus Christi. e. For every $50,000 in loans that LiftFund provides to a small business in Corpus Christi, LiftFund shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. f. Businesses assisted must be located in or locating within the city limits of Corpus Christi, Texas. g. Businesses assisted must be unable to obtain a loan from traditional lending institutions. h. Loan amounts shall be within the range of $5,000 to $75,000. i. LiftFund shall provide the Corporation with quarterly reports to identify the loans made, name and address of business receiving loan, jobs created, and other reports as requested by the Corporation. j. LiftFund shall provide the corporation with quarterly reports of capital available for loans to qualified Corpus Christi small businesses or qualified small businesses locating to Corpus Christi. k. LiftFund will provide funds for operations and loan capital to implement and sustain the program. 4. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay LiftFund up to $200,000 for the Interest Buy -Down Program as follows: Page 2 of 12 Agreement LiftFund i. LiftFund must first receive a request for a loan from a small business or start-up company that has the ability to produce jobs in the future and is located in Corpus Christi or will be locating in Corpus Christi ("Business"). ii. The request from the applicant must include a notarized affidavit stating that they have applied for normal financing from a bank, or similar lending institution, and have been denied a loan. iii. LiftFund shall review the request for a loan from the Business. iv. Upon LiftFund approval of a loan, and prior to the closing of the loan, LiftFund shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5%. The Corporation authorizes an interest buy down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5%)112 = N N x number of payments=interest buy down reimbursement to LiftFund for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7%)1 12 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to LiftFund for business loan. v. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to LiftFund within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. vi. The total funds available on an annual basis under the Interest Buy Down Program under this agreement are $200,000. b. The loans assisted with the program must be within the range of $5,000 to $75,000. c. This program must result in the creation of one permanent full-time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. LiftFund shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case LiftFund can loan the remaining amount with the buy down interest rate program in conjunction with the banklcredit union. Page 3 of 12 Agreement LiftFund ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home-based businesses iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. LiftFund may use up to $200,000 to assist start-up and existing small businesses that have little or no access to traditional credit. g. LiftFund shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the loans made, name and address of the business receiving the loan, jobs created under the Interest Buy Down Program, and other reports as requested by the Corporation. h. LiftFund shall provide funds for operations and loan capital to implement and sustain the program. i. LiftFund shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. j. At the termination of this agreement and after repayment or other conclusion of all loans assisted by Interest Buy Down Program, LiftFund will return to the Corporation any unexpended funds remaining from the Loan Loss Reserve Program. 5. Small Business Grant Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay LiftFund up to $50,000 for the Small Business Grant Program as follows: i. Grants to loan applicants who do not meet standard underwriting criteria, either because of capacity, cash flow, or credit, who could benefit from a grant to boost their ability to become successful. The grant amount may not exceed $2,500 or 10% of the principal amount requested, whichever is Tess. Page 4 of 12 Agreement LiftFund ii. Grants to loan applicants who want to use part of loan proceeds to reduce energy consumption or transition into green retail products. The grant amount may not exceed $2,500 or 25% of the upgrades presented in the loan file. iii. Grants to loan applicants who provide services for working families (e.g. both children and adult day care centers) to improve their facilities to be compliant with state/federal standards. The grant amount may not exceed $2,500. iv. Grants to loan applicants that are veteran owned businesses. The grant amount may not exceed $500. v. Working capital grants to holders of existing loans with LiftFund. If the loans that have paid routinely on time for a period of 24 months, the maximum grant amount may not exceed $1,000. If the loans have been paid routinely on time for a period of 12 months on time payments, the maximum grant amount may not exceed $500 grant. b. The loans assisted with the program must be within the range of $500 to $25,000. c. This program must result in the creation of one permanent full-time job per every related loan of at least $50,000 assisted through the Interest Buy Down Program. LiftFund shall ensure that the loans will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case LiftFund can loan the remaining amount with the Buy Down interest rate program in conjunction with the banklcredit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Businesses located outside the Corpus Christi city limits ii. Home-based businesses located outside the Corpus Christi city limits iii. Grants to existing businesses which are not planning on expanding Page 5 of 12 Agreement LiftFund f. LiftFund shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the grants made, name and address of the business receiving the grant, jobs created under the related Interest Buy Down Program, and other reports as requested by the Corporation. g. LiftFund shall provide funds to implement and sustain the program. h. LiftFund shall develop grant award criteria and payment terms and conditions for the grant loan program, and must provide copies of the criteria, terms, and conditions to the Corporation. i. At the termination of this agreement or other conclusion of the Small Business Grant Program, LiftFund shall return to the Corporation any unexpended funds remaining from the Small Business Grant Program. 6. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. c. LiftFund agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. LiftFund agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. LiftFund shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 7. Buy Local Provision. a. LiftFund agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 8. Local Offices. Two staff persons of LiftFund offices shall be located in Corporation designated offices or a mutually agreeable location. 9. Representation on LiftFund governing board. LiftFund agrees to appoint a person designated by the Corporation as a member of LiftFund governing board. Page 6 of 12 Agreement LiftFund 10. Warranties. LiftFund warrants and represents to Corporation the following: a. LiftFund is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. LiftFund has the authority to enter into and perform, and will perform, the terms of this Agreement. c. LiftFund has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. LiftFund has received a copy of the Act and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, LiftFund agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of LiftFund are duly authorized to execute this Agreement on behalf of LiftFund. g. LiftFund does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, LiftFund is convicted of a violation under §U.S.C. Section 1324a(f), LiftFund shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date LiftFund has been notified of the violation. 11. Compliance with Laws. LiftFund shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 12. Non -Discrimination. LiftFund covenants and agrees that LiftFund will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 13. Force Majeure. If the Corporation or LiftFund are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or LiftFund are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. Page 7 of 12 Agreement LiftFund 14. Assignment. LiftFund may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 15. Indemnity. LiftFund covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (`Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with LiftFund activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. LiftFund must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 16. Events of Default. The following events constitute a default of this Agreement: a. Failure of LiftFund to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of LiftFund contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. c. Any judgment is assessed against LiftFund or any attachment or other levy against the property of LiftFund with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. LiftFund makes an assignment for the benefit of creditors. e. LiftFund files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by LiftFund become delinquent, and LiftFund fails to timely and properly follow the legal procedures for protest or contest. g. LiftFund changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 17. Notice of Default. Should the Corporation or City determine that LiftFund is in default according to the terms of this Agreement, the Corporation or City shall notify LiftFund in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for LiftFund to cure the event of default. 18. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of LiftFund, as determined by the Board of Directors of the Page 8 of 12 Agreement LiftFund Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. LiftFund shall immediately repay all funds paid by Corporation under this Agreement. b. LiftFund shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to LiftFund under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 19. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of LiftFund' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time LiftFund is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 20. LiftFund specifically agrees that Corporation shall only be liable to LiftFund for the actual amount of the money grants to be conveyed to LiftFund, and shall not be liable to LiftFund for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being October 1, 2015, through September 30, 2016. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from LiftFund to be accompanied by all necessary supporting documentation. Page 9 of 12 Agreement LiftFund 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: LiftFund: LiftFund, Inc. Attn.: Janie Barrera 2014 Hackberry San Antonio, Texas 78210 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and LiftFund will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. Page 10 of 12 Agreement LiftFund a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and LiftFund. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to the Loan Loss Reserve Program and the Interest Buy Down Program shall survive the termination of this agreement. [The remainder of the page intentionally left blank] Page 11 of 12 Agreement LiftFund APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Dr. Bryan Gulley President Rebecca Huerta Assistant Secretary LiftFund, Inc. By: Date: President and Chief Executive Officer THE STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on4/ept-c44,412ev,2015, by Janie Barrera, President and Chief Executive Officer for LiftFuntt, Inc., a Texas non-profit corporation, on behalf of the corporation. Notary Ptbiic State of Texas Agreement LiftFund ,;.w.MARY ESTHER HERNANDEZ tr; VI Notary Public, State of Texas ` My Commission Expkes Mayos, 2018 Page 12 of 12 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). 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 Section 504.002 et seq, ("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 passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 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 Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, LiftFund, Inc. ("LiftFund") has submitted a proposal to the Type A Corporation requesting business development funds from the Board to assist small businesses by providing a loan buy -down program; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund LiftFund's loan buy -down program; and WHEREAS, the Type A Corporation and LiftFund have executed a small business incentive agreement for a loan buy -down program to support small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Small Business Incentive Agreement between the Type A Corporation and LiftFund related to LiftFund's loan buy -down program to support small businesses in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 Project Support Agreement - LiftFund 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Project Support Agreement - LiftFund APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Dr. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary Project Support Agreement - LiftFund Page 3 of 3 AGENDA MEMORANDUM City Council Meeting of September 22, 2015 DATE: September 17, 2015 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney milesr@cctexas.com (361) 826-3360 Discussion and possible action regarding the Resolution Approving the Formation of an Ad Hoc Residential Street Infrastructure Advisory Committee STAFF PRESENTER(S): Name Title/Position BACKGROUND: Department On Tuesday, September 8, 2015, City Council approved a motion directing staff to prepare an agenda item that would establish an ad hoc committee to create a plan for residential street reconstruction and to report back to the Council with recommendations. A resolution has been drafted, but further direction is needed by Council to complete the resolution approving the formation of an Ad Hoc Residential Street Infrastructure Advisory Committee to develop a residential street reconstruction plan. City Council also stated that the committee members should not have a conflict of interest. A draft Report of Conflict of Interest for City boards, commissions and committees has been drafted pursuant to the City's Code of Ethics. All applicants for the Ad Hoc Residential Street Infrastructure Advisory Committee will be asked to complete the Report upon the direction of City Council. LIST OF SUPPORTING DOCUME NTS: 1. Draft Resolution 2. Draft Report of Conflict of Interest for Boards, Commissions & Committees RESOLUTION APPROVING THE FORMATION OF AN AD HOC RESIDENTIAL STREET INFRASTRUCTURE ADVISORY COMMITTEE TO DEVELOP A RESIDENTIAL STREET RECONSTRUCTION PLAN WHEREAS, improving the condition of residential streets is one of the City Council's goals; WHEREAS, City Council desires a more detailed review of the residential street problem to be conducted by a special committee; and WHEREAS, on September 8, 2015, the City Council approved a motion directing staff to prepare an agenda item that would establish an ad hoc task force to create a plan for residential street reconstruction and to report back to the Council with recommendations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An ad hoc committee is established to develop and evaluate a residential street reconstruction plan, with committee recommendations to be provided to City Council. Section 2. Committee name and membership. A. The committee shall be known as the Ad Hoc Residential Street Infrastructure Advisory Committee. B. The committee shall be composed of [1] members to be appointed by the [2] C. The committee members shall be City of Corpus Christi residents. D. The committee is [3] to compliance with the Texas Open Meetings Act. E. The committee members [4] have a conflict of interest. F. The chairperson of the committee will be appointed by [5] Section 3. Committee responsibilities. A. The committee shall become knowledgeable about residential street reconstruction issues, as assisted by City staff. B. The committee shall deliver a report to the City Council, which, at a minimum, answers the following questions: [6] 1. What is the scope of the residential street reconstruction problem? a. Describe inventory and assessments. i. How many miles of residential and local streets are within the City's corporate limits? ii. What are the PCI scores for the residential streets? iii. Other street assessment criteria and data collected to date. b. What is the total estimated amount of money needed to reconstruct residential streets? 2. What is the estimated amount of money needed for street reconstruction only? What is the estimated amount needed for utilities only, including storm water, wastewater, water and gas? 3. How should the City pay for the utility portion of street reconstruction? Discuss options including taxes, fees, revenue bonds, cash funding, general obligation bonds, paving assessments, public improvement districts, grants and general fund impacts. 4. How should the City select streets for reconstruction and how should the reconstruction be prioritized? a. Should streets be selected by district, by street condition or other criteria? b. How should the streets be prioritized? 5. What are the recommended program sizes and the amounts necessary to fund them? 6. What construction methods can be used to maximize the City's investment in residential streets? Should we mandate using only concrete or is asphalt acceptable? 7. What combination of funding options for residential street reconstruction is the most effective, makes the most sense and is the most acceptable? 8. Evaluate the "Do Nothing" option, in which the City continues to defer residential street reconstruction for another 10 years. What is the economic impact of this option? 9. Other? C. The committee shall consider best industry practices. Section 4. Staff support. The City Manager will designate City staff members to assist and support the committee. Section 5. Schedule. The initial meeting of the Committee shall occur no later than October 31, 2015. The Committee shall develop a schedule to provide preliminary and final reports to the Council. The final report shall be delivered to City Council by April 30, 2016. Upon presentation of the final report to City Council, the Committee shall automatically be disbanded. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Nelda Martinez Mayor of , 2015 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 Ad Hoc Residential Street Infrastructure Advisory Committee Decision Point Table Decision Point Description 1 Council needs to decide on the number of Committee members. 2 Council needs to decide on how Committee members will be appointed. Council Policy #10 (adopted by Resolution) states "Ad Hoc committees of the City Council may be appointed as needed to assist the Council in its business. All members to City Council ad hoc committees will be appointed by the Mayor or a majority of the Council." 3 Council needs to decide if the Committee must comply with the Texas Open Meetings Act. Advisory Committees are not subject to the TX Open Meetings Act. Council Policy #14 (adopted by Resolution) states that all committees are directed to follow the Act unless Council directs otherwise. Excluding the Committee from the requirements of the Act makes for a more efficient use of staff resources (no posting or public comment) and allows the committee to work on their responsibilities without interruption. Committee can schedule public forums as needed. 4 Council needs to decide if committee members will be allowed to have actual or potential conflicts of interest. Generally, committee members with more technical knowledge tend to have more conflicts. 5 Council needs to decide how the chairperson of the committee will be appointed. 6 Council needs to determine the questions that need to be researched and answered by the Committee. City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Name: Address: City: State: Zip: Board Member of: Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: I have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: 1 Rev. 9/15/2015 DEFINITIONS a. Board member — A member of any board, commission or committee of the City of Corpus Christi, including the board of any corporation created by the City. b. Conflict of interest — Any interest or reasonable expectation of an economic benefit in a matter or business transaction involving the City. c. Interest — Any direct or indirect monetary or material benefit in a contract or transaction other than: 1. An interest that is shared by and available to other members of the public or a substantial segment thereof; or 2. A remote or incidental interest that would not increase or decrease materially due to the action of the City or is less than $200.00 in value; or 3. An interest of a subcontractor that has no direct contractual relationship with the City, is receiving fair and reasonable compensation and is not operating as a subterfuge to circumvent the code of ethics; or 4. An interest in real property acquired by the City that could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. d. Relative — Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships. e. Substantial interest 1. Any interest in a business entity if the person or relative a. owns at least 10% of the business entity; or b. owns at least $5,000.00 of the fair market value of the business; or c. funds received from the business exceeds 10% of the person's gross income for the previous year. 2. A person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of at least $2,500.00. 2 Rev. 9/15/2015