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HomeMy WebLinkAboutAgenda Packet City Council - 10/20/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 20, 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 Reverend Jim Garcia, Primera Iglesia Bautista. C. Pledge of Allegiance to the Flag of the United States to be led by Teri Barrera, Executive Assistant to Police Chief. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-1185 Proclamation declaring October 26-30, 2015, "Red Ribbon Week" Proclamation declaring September 2015, "National Childhood Obesity Awareness Month" Swearing-in Ceremony for Newly Appointed Board, Commission, and Committee Members F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 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. 15-1186 Regular Meeting of October 13, 2015 Attachments: Minutes - October 13, 2015 I. BOARD & COMMITTEE APPOINTMENTS: (NONE) 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 3 - 22) 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. 3. 15-1115 Approval to submit a grant application to the State of Texas for funding available under the Local Border Security Program Grant Corpus Christi Page 2 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 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 4. 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 5. 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 6. 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. Corpus Christi Page 3 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 Attachments: Agenda Memo - Del Mar Internship Grant Resolution - Del Mar Internship Grant 7. 15-1102 Type A Grant for Del Mar Procurement Technical Assistance Center (PTAC) Program 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 8. 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 9. 15-1101 Type A Grant for LiftFund Loan Buy -Down Program formerly known as Accion 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 10. 15-1018 Second Reading Ordinance - Rezoning property located at 3802 Cimarron Boulevard (1st Reading 10/13/15) Corpus Christi Page 4 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 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 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. 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 11. 15-1020 Second Reading Ordinance - Rezoning property located at 3202 Interstate Highway 69 Access Road (1st Reading 10/13/15) 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 Corpus Christi Page 5 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 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. 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 12. 15-1040 Second Reading Ordinance - Rezoning property located at 5105 Up River Road (1st Reading 10/13/15) 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 Corpus Christi Page 6 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Vincent Gerard and Associates Ordinance - Vincent Gerard and Associates Zoning Report - Vincent Gerard and Associates Aerial Map - Vincent Gerard and Assoicates 13. 15-1099 Second Reading Ordinance - Rezoning property located at 14721 Running Light Drive (1st Reading 10/13/15) 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 14. 15-1066 Second Reading Ordinance - Realign County Road 50 east of IH 69, 450 feet north of the current alignment designated in the Urban Transportation Plan (1st Reading 10/13/15) 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 7 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 Attachments: Agenda Memo - UTP Amendment Ordinance - UTP Amendment Memo from Traffic Engineer with attachments Location Map - UTP Amendment Presentation - UTP Amendment 15. 15-1109 Second Reading Ordinance - Amending the FY2015-2016 Crime Control and Prevention District Budget (1st Reading 10/13/15) 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 16. 15-1110 Second Reading Ordinance - Accepting and appropriating Federal grant funds for FY2015 Body -Worn Camera Project within the Police Department (1st Reading 10/13/15) 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 aggro 10.13.2015 Ordinance - Body Camera Grant, 2015 - Police Award - Report 17. 15-1063 Second Reading Ordinance - Accepting and appropriating State funds for the Tuberculosis Prevention and Control -State grant (1st Reading 10/13/15) 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 Corpus Christi Page 8 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 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 Council Approval) 18. 15-1117 Second Reading Ordinance - Accepting and appropriating State funds for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant (1st Reading 10/13/15) 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 (Subject tc 19. 15-1068 Second 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 (1st Reading 10/13/15) 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. Attachments: Agenda Memo - Partial Assignment Esmt.docx Ordinance - Partial Assignemt Esmt.docx Location Map - Partial Assignment Esmt Presentation - Partial Assignment Esmt 20. 15-1092 Second Reading Ordinance - Lease Agreement for portion of City parking lot located at Mann Street and Mesquite Street (1st Reading 10/13/15) Corpus Christi Page 9 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 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) 21. 15-1116 Second Reading Ordinance Amending the Code of Ordinances, City of Corpus Christi, Section 55-3 (1st Reading 10/13/15) 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 L. EXECUTIVE SESSION: (ITEMS 22 - 24) 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. 22. 15-1181 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. 23. 15-1211 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 conveyance, lease, and sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and value of real property located at 5151 McArdle Road known as Mt. Vernon Park when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 24. 15-1189 Executive Session pursuant to Texas Government Code § 551.071 Corpus Christi Page 10 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to disposal of waste in Type IV Landfill (as described in 30 TAC § 330.5) located in Nueces County, Texas. M. PUBLIC HEARINGS: (ITEMS 25 - 30) 25. 15-1148 Public Hearing and First Reading Ordinance - Rezoning property located at 3101 Up River Road Case No. 0815-04 Cheryl McLaughlin & Hatch, LLC: A change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. The property is described as being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Cheryl McLaughlin & Hatch, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any Corpus Christi Page 11 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Texas Geo Tech Engineering Ordinance - Texas Geo Tech Engineering Zoning Report - Texas Geo Tech Engineering Location Map - Texas Geo Tech Engineering (Hatch RV Park) 26. 15-1149 Public Hearing and First Reading Ordinance - Rezoning property located at 15205 Northwest Boulevard (FM 624). Case No. 0915-01 Al Development, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. The property is described as being a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Al Development, Inc. ("Owner") by changing the UDC Zoning Map in reference to a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, from the "RS -6" Single -Family 6 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. Attachments: Agenda Memo - Al Development Ordinance - Al Development, Inc. Zoning Report - Al Development Inc. Location Map - Al Development 27. 15-1150 Public Hearing and First Reading Ordinance - Rezoning property located at 1528, 1536, 1548, and 1604 Rhew Road Case No. 0915-02 D.L. Johnson: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit, not resulting in a change to the Future Land Use Map. The property is described as Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. Planning Commission and Staff Recommendation (September 9, 2015): Corpus Christi Page 12 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by D.L. Johnson ("Owner"), by changing the UDC Zoning Map in reference to Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, 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. Attachments: Agenda Memo - D.L. Johnson Ordinance - D.L. Johnson Zoning Report - D.L. Johnson Location Map - D.L. Johnson 28. 15-1152 Public Hearing and First Reading Ordinance - Rezoning property located at 4625 Whataburger Way Case No. 0915-03 TWF Partners, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density residential to professional office uses. The property is described as Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by TWF Partners, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 11-D, Block 4, Parkdale Village, from the "RM -1" Multifamily 1 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - TWF Partners, LLC Ordinance - TWF Partners, LLC Zoning Report -TWF Partners, LLC Location Map - TWF Partners, LLC 29. 15-1153 Public Hearing and First Reading Ordinance - Rezoning property located south of Yorktown Boulevard between Fred's Folly Drive Corpus Christi Page 13 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 and Starry Road Case No. 0915-05 Patricia H. Wallace, Trustee #2: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. The property is described as being a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District and the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Patricia H. Wallace, Trustee #2 ("Owner"), by changing the UDC Zoning Map in reference to a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Patricia H. Wallace, Trustee #2 Ordinance - Patricia H. Wallace, Trustee #2 Zoning Report - Patricia H. Wallace, Trustee #2 Location Map - Patricia H Wallace, Trustee #2 30. 15-1160 Public Hearing and First Reading Ordinance - Rezoning property located at 3801 Rodd Field Road (3/4 vote required). Case No. 0915-06 Point Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property is described as being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon Corpus Christi Page 14 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 application by Point Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, 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 - Point Development, LLC Ordinance - Point Development, LLC Zoning Report - Point Development, LLC Location Map - Point Development, LLC N. REGULAR AGENDA: (ITEMS 31 - 32) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 31. 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 hourly rate of $175 per hour, not to exceed $7,000 per month, plus expenses. Attachments: Agenda Memo -Tim Brown Contract.Sept.2015.3 Agreement - Tim Brown Legal Services Agmt 2015-2016 Resume - Tim Brown 32. 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 2- Draft Resolution - Ad Hoc Infrastructure Committee Andy Taubman Document - Potential roles for Infrastructure Commission versio Taubman ver 2.2 with Staff Comments Committee Disclosure Statement O. FIRST READING ORDINANCES: (ITEMS 33 - 40) 33. 15-1094 First Reading Ordinance - Accepting and appropriating a Regional grant to support the Emergency Medical Service (EMS) operation Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14; and appropriating $2,978.14 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Corpus Christi Page 15 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 Attachments: Agenda Memo - Coastal Bend Regional Advisory Council grant Ordinance - Coastal Bend Regional Advisory Council grant 34. 15-1120 First Reading Ordinance - Accepting and appropriating a donation from Exxon Mobil Corporation for equipment or supplies for firefighters Ordinance authorizing the City Manager or designee to accept a grant from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program"; and appropriating $1,500 from Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. Attachments: Agenda Memo - Exxon Grant 2015 - Fire.docx Ordinance - Exxon Grant 2015 - Fire.docx 35. 15-1091 First Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. Attachments: Agenda Memo - RSVP $3000 Ordinance - RSVP $3000 Attach - RSVP Notice of Grant Award 36. 15-1119 First Reading Ordinance - Accepting and appropriating State funds for the Infectious Disease Control Unit/FLU-LAB 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/FLU-LAB grant in the amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide flu testing 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 - Inf. Dis. Control (Flu -Lab) Grant 9-1-2015 to 9-1-2017 (Rev. 10 Odinance - IDCU-FLU-LAB FY16 grant Contract - Infectious Disease Control -FLU Grant 9-1-2015 to 9-1-2017 37. 15-1122 First Reading Ordinance - Accepting and appropriating State funds for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCD/TXHC) grant Corpus Christi Page 16 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. Attachments: Agenda Memo - TX Health Communities Grant 10-1-2015 to 10-1-2016 (Rev. 1( Odinance - TX Healthy Communities Grant Award 10-1-2015 to 10-1-2016 Award - TX Healthy Communities Grant 10-1-2015 to 10-1-2016 (Subj. to Coun 38. 15-1128 First Reading Ordinance - Accepting and appropriating State funds for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant in the amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. Attachments: Agenda Memo - WIC Grant 10-1-2015 to 10-1-2016 (Rev. 10-6-2015) Ordinance - WIC Award Letter 10-1-2015 to 10-1-2016 Award - WIC Grant LOI (10-1-2015 to 10-1-2016) @8-28-2015 39. 15-1108 First Reading Ordinance - Authorizing a construction contract and appropriating funds for the Municipal Communication Studio Facility Renovation Ordinance appropriating $1,033,210.58 from the Unreserved Fund Balance in No. 1031 Public, Education and Government Cable Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $1,033,210.58; and authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of $619,625 for the City of Corpus Christi Municipal Communication Studio Facility Renovation for the Base Bid. Corpus Christi Page 17 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 Attachments: Agenda Memo - Communication Studio Project Budget - Communication Studio Ordinance - Communication Studio Presentation - Municipal Communication Studio Facility Renovation Location Map - Municipal Communication Studio Facility Renovation 40. 15-1138 First Reading Ordinance - Revocable Easement for Eagle Ford Pipeline, LLC for the construction of two pipelines along the eastern side of Mobile Estates Park Ordinance granting a twelve (12) foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines along the east side of a City park known as Mobile Estates Park, located south of IH -37 and west of Lantana Street; for the amount of $43,054 as compensation to the City; authorizing the City Manager or designee to execute a Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Attachments: Agenda Memo - Revocable Easement Ordinance - Revocable Easement Location Map - Revocble Easement Revocable Easement Presentation P. FUTURE AGENDA ITEMS: (ITEMS 41 - 47) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 41. 15-1087 Interlocal Agreement for Latchkey Program at Calallen ISD Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Calallen Independent School District for continued operation of the City Latchkey Program at Calallen ISD. Attachments: Agenda Memo - Calallen ISD Latchkey Interlocal Resolution - Calallen ISD for Latchkey Program Agreement - Calallen ISD Latchkey Interlocal Cooperation Agreement 42. 15-0892 Design -Build Agreement for the Signs/Signals Operations - New Shop and Office Facility (Bond 2012) Project Motion authorizing the City Manager, or designee, to execute a Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations - New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. Corpus Christi Page 18 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 Attachments: Signs Signals - Agenda Memo Project Budget - Signs Signals Ops New Shop and Office.xlsx Location Map - Signs Signals Ops New Shop Office Facility.pdf Presentation - Signs Signals Shop 43. 15-0979 Professional Monitoring Contract for Packery Channel Monitoring for Fiscal Year 2015-2016 Motion authorizing the City Manager, or designee to renew the yearly contract for Packery Channel Monitoring for Fiscal Year 2015-2016 by executing Amendment No. 11 between the City of Corpus Christi and Texas A & M University -Corpus Christi in the amount of $350,703.00. Attachments: Agenda Memo - Packery Channel Monitoring Project Budget - Packery Channel Monitoring 15-16.xlsx Contract - Packery Channel Monitoring 15-16.pdf Location Map - Packery Channel Monitoring 15-16.pdf Presentation - Packery Channel Monitoring 15-16.pptx 44. 15-1097 Work plan and budget agreement with Nueces River Authority for FY 2015-2016 Motion authorizing the City Manager or designee to execute a work plan and budget agreement with the Nueces River Authority in the amount of $99,996 to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. Attachments: Agenda Memo - Nueces River Authority Project Budget - Nueces River Authority.xls Agreement - Nueces River Authority.pdf Presentation - Nueces River Authority 45. 15-1098 Engineering Design Contract adding repairs for existing lift station locations Motion authorizing the City Manager, or designee, to add repairs at eight existing lift station locations to an engineering design contract by executing Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $164,100 for a total restated fee not to exceed $210,340 for the Lift Station Repairs - Citywide for engineering design services and support services in Bid and Construction phases. Attachments: Agenda Memo - Lift Station Repairs Project Budget - Lift Station Repairs.xls Location Map - Lift Station Repairs.pdf Contract - Lift Station Repairs.pdf Presentation - Lift Station Repairs Corpus Christi Page 19 Printed on 10/19/2015 City Council Meeting Agenda - Final October 20, 2015 46. 15-1161 Certification of 2015 Tax Levy Motion approving the 2015 Property Tax Levy of $108,611,685.39 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. Attachments: Agenda Memo - Certification of 2015 Tax Levy.doc 2015 Certified Tax Levy.pdf 47. 15-1172 Broker of Record Joint Service Agreement Motion approving a joint service agreement with Borden Insurance of Corpus Christi, Texas and McGriff, Seibels & Williams, Inc. of San Antonio, Texas, for Broker of Record Services for Property Insurance, based on lowest best proposal received, in response to Request for Proposal Event Number 71 in the amount of $27,700. The term of the contract will be for one-year period, with options to extend for up to four (4) additional one-year periods subject to the approval of the Contractor and the City Manager or designee. Attachments: Agenda Memo - 2015 Broker of Record for Property Insurance - Agenda Memo Bid Tab - Broker of Record Agreement - Broker of Record Services for Property Insurance Service Agreen Q. BRIEFINGS: (ITEM 48) 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. 48. 15-1013 Staples Street Corridor Pavement Marking Plan Attachments: Agenda Memo - Staples Street Corridor Pavement Markings.docx Presentation - Staples Corridor REV 7 R. 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. S. ADJOURNMENT Corpus Christi Page 20 Printed on 10/19/2015 Corpus Christi Meeting Minutes 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Greg Hackett, First United Methodist Church. Pastor Greg Hackett gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Jeff Edmonds, Director of Engineering Services. Director of Engineering Services Jeff Edmonds 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: Deputy City Manager Margie Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8 - 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, and Council Member Carolyn Vaughn Absent: 1 - Council Member Mark Scott E. Proclamations / Commendations 1. 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 Corpus Christi Page 1 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 Employment Awareness Month". Commendations to Mr. Bobby Craig, Gy Sgt Kosta Maravelias and Ms. Patricia Flores, Teachers at Tuloso-Midway High School. Mayor Martinez presented Certificates of Commendation and the proclamations. Mayor Martinez announced that Assistant Director of Parks and Recreation, Stacie Talbert Anaya, was recently elected as President Elect for the Texas Recreation and Parks Society. 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 referred to comments from the public. City Attorney Miles K. Risley issued a reminder to the City Council and public on the Rules of Decorum in the Council Chambers. Lamont Taylor, 1701 Stillman, spoke in opposition to Plan CC 2035 referencing the Hillcrest neighborhood as a "transition" neighborhood, and requested that the reference be removed from the draft plan. Errol Summerlin, Citizens Alliance for Fairness and Progress, stated that Plan CC 2035 is estimating a pre -determined outcome and foundation for the future zoning in the Hillcrest area and does not address the neighborhood residents' options to stay or leave the area. Reverend Adam T. Carrington, 2949 Riverbend Court, stated that previous plans regarding the Hillcrest area called for revitalization of the neighborhood and spoke in opposition to Plan CC 2035 referring to Hillcrest as a "transition" neighborhood. Elle Ibanez, 3806 Tiger Lane, requested to be placed on a future agenda to present information on the Reformers Unanimous program to assist individuals with addictions. Trian Serbu, 14310 Playa Del Rey, spoke regarding the state mandate for beach parking and recommended that a study be done to determine where parking lots will be located in the future for inclusion in the Island Plan or the City Master Plan. Daniel Pena, 2813 Hilbert, asked questions regarding the decisions made to designate the Hillcrest area as a "transition" area and said the residents were not notified. Joan Veith, 5701 Cain Drive, thanked everyone who visited her during her hospitalization. Brian Watson, 5813 Hugo, spoke in opposition to the addition of fluoride to the water system. Fred Braselton, 5337 Yorktown, addressed the following topics regarding Plan CC 2035: the plan inadequately addressed the annexed areas in the City; infill and revitalization not provided insufficient housing in the future; and modifications to the extent of urban villages and mixed neighborhoods being recommended. Carolyn Moon, 4902 Calvin, spoke in favor of the original Plan CC 2035 draft, but said she does not support future growth south of Oso Creek because it will require taxpayers to pay for additional infrastructure and public safety. Reverend Henry Williams, 2422 Summers, stated that the Plan CC 2035, which was written by a Boston firm, characterized the Hillcrest neighborhood as "transitioning" to light industrial zoning. Rev. Williams said the vision for the Hillcrest area must come from the people in the area who will be affected the most. Gloria Randall Scott, 4422 S. Alameda, spoke regarding Code Enforcement being a division of the Police Department; the promise by the city manager to hold public meetings with citizens; and concern for the Washington -Coles neighborhood. Hilda Corpus Christi Page 2 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 Ramirez, 6433 Clairfield, spoke in support of Plan 2035 and the urban villages and mixed use centers. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. Deputy City Manager Margie Rose reported on the following topics: a. OTHER 1) 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, 9725 Up River Road. This event provides an opportunity for citizen engagement and allows City management to meet with citizens one-on-one. 2) The City's Annual Elementary School Costume Parade will be held on October 30, 2015 at 9:00 a.m. The students of George Evans Elementary School come to visit City Hall and participate in a parade character walk. Employees voluntarily participate by purchasing and passing out candy and treats. 3) Deputy City Manager Rose provided an update on the status of the red tide issue and reported that the city employees across multiple departments continue to work extremely hard to keep up with the impact of the red tide. The most immediate issue fishing dying due to algae bloom and washing up on the City's shoreline. Sealed containers will remain in place on North Beach and Cooper's Alley L -Head. Over the last weekend, over eight tons of dead fish were collected. 4) The Star Wars Reads Day was a huge success. The event was a partnership between the Junior League of Corpus Christi, United Way Success by Six, and the City of Corpus Christi Public Libraries and was held this past Saturday. The event was free to the public and included lots of family -friendly activities in addition to reading. Over 1100 visitors attended the event. 5) Information regarding the "Kites and Bike" Festival will be provided next week. H. MINUTES: 2. Regular Meeting of September 29, 2015 Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member McIntyre and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: 3. 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 Mayor Martinez referred to board and committee appointments. The following appointments were made: Building Code Board of Appeals Corpus Christi Page 3 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 Council Member Magill made a motion to reappoint Chuck Anastos (Architect) and Randy Farrar (Building Industry), seconded by Council Member McIntyre and passed unanimously. Council Member McIntyre made a motion to appoint Garry Camp (General Contractor), seconded by Council Member Magill and passed unanimously. Ethics Commission Council Member McIntyre made a motion to reappoint Alicia Benavidez and Karon Connelly, seconded by Council Member Magill and passed unanimously. Council Member Magill made a motion to appoint Richard (Rick) Milby, seconded by Mayor Martinez and passed unanimously. Mechanical/Plumbing Advisory Board Council Member McIntyre made a motion to appoint Carl Suding (Landscape Irrigation), seconded by Council Member Magill and passed unanimously (Scott - absent). Council Member Magill made a motion to appoint Kenneth Mikeman, Jr. (Not Connected with Building Industry), seconded by Council Member McIntyre and passed unanimously. Nueces County Tax Appraisal District Council Member McIntyre made a motion to reappoint Robert Adler (Place 3) and Gerardo "Jerry" Garcia (Place 4), seconded by Council Member Garza and passed unanimously. Parks and Recreation Advisory Committee Council Member McIntyre made a motion to appoint Alissa Mejia, seconded by Council Member Magill and passed unanimously. Regional Health Awareness Board Council Member McIntyre made a motion to reappoint Donna Huddleston, seconded by Council Member Riojas and passed unanimously. City Secretary Huerta announced that the Sister City Committee was withdrawn. FIRST READING ORDINANCES: (ITEM 28) 28. 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. Mayor Martinez deviated from the agenda and referred to Item 28. lain Vasey, President/CEO of the Corpus Christi Regional Economic Development Corporation stated that the purpose of this item is to request an amendment to the City of Corpus Christi Code of Ordinances, Section 55-3, in order to allow gas purchase exemptions for large natural gas users within the city limits. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded Corpus Christi Page 4 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 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 Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 13) 6. 7. Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. Council Member Magill requested that Items 4 and 5 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Garza, seconded by Council Member Magill, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: 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 Vaughn Absent: 1 - Council Member Scott Abstained: 0 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 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030635 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) Corpus Christi Page 5 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 8. 9. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030636 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030637 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 Corpus Christi Page 6 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 10. agreement to begin September 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030638 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030639 11. 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 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030640 Corpus Christi Page 7 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 12. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030641 13. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030642 4. Amendment to Council policies regarding Ad Hoc Committees Resolution amending Council Policy No. 14 of the Code of Ordinances regarding limitations on committee appointments. Mayor Martinez referred to Item 4, amending Council Policy No. 14 regarding limitations on committee appointments . Council Member Magill expressed concern with the language proposed in the ordinance and proposed language that would prohibit appointment on more than one ad hoc committee. Council members spoke regarding the following topics: the rare circumstance that two ad hoc committees are operating at the same time; the original intent of the resolution to allow ad hoc committee members exempt entirely; ad hoc committees operating on a temporary basis; the number of current ad hoc committees; and consideration to amend 14.p.to allow individuals elected or appointed to a non -city public office to serve on board, commission or committee. Council Member Magill made a motion to amend the resolution on the fifth whereas to read, " the Council desires to modify City Council Policy No. 14 so that service on one ad hoc committee does not prohibit appointment to another City board, commission or committee; and in Section 1., 14. Boards, commissions and committee procedures. to read "said committee is one ad hoc committee", seconded by Council Member Rubio. Corpus Christi Page 8 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 The motion passed with the following vote: Rosas, Rubio, Vaughn, Garza, and Magill, voting "Aye"; Martinez, McIntyre and Riojas, voting "No"; Scott absent. Council Member Garza made a motion to amend Council Policy No. 14, p., to eliminate the language "Upon the election or appointment to a non -city public office or", seconded by Council Member McIntyre. The motion passed with the following vote: Martinez, Rosas, Rubio, Vaughn, Garza, Magill, McIntyre, Riojas, voting "Aye"; Scott absent. Council Member Magill made a motion to approve the resolution as amended, seconded by Council Member Garza. This Resolution was approved as amended 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 Vaughn Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 030633 5. 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. Mayor Martinez referred to Item 5. Council Member Magill stated that to be consistent with the amendment made to Council Policy No. 14, he made a motion to amend Section 2-67(a), of the City Code of Ordinances, to read "said committee is one ad hoc committee". Discussion ensued regarding limiting appointments to no more than two committees. The motion was seconded by Council Member Rubio. City Attorney Risley recommended that the ordinance include a sentence clarifying that no person may serve on more than one ad hoc committee. Council Member Magill rescinded the motion and Council Member Rubio rescinded her second. Council Member Magill made a motion to amend Section 2-67(a) to include the following sentence, "No person may serve on more than one (1) ad hoc committee", seconded by Council Member Rubio. The motion was passed with the following vote: Rosas, Rubio, Vaughn, Garza, and Magill, voting "Aye"; Martinez, McIntyre, and Riojas, voting "No"; Scott absent. Council Member Magill made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 5 - Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Nay: 3 - Mayor Martinez, Council Member McIntyre and Council Member Riojas Corpus Christi Page 9 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 030634 L. EXECUTIVE SESSION: (ITEMS 14 - 15) 14. 15. Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. This E -Session Item was discussed in executive session. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Interstate 37, State Highway 286, U.S. Highway 181, and existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways. This E -Session Item was discussed in executive session. M. PUBLIC HEARINGS: (ITEMS 16 - 21) 16. 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". Mayor Martinez referred to Item 16. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to hold the public hearing for the adoption of Plan CC Comprehensive Plan 2035. Mr. Van Vleck presented the revised schedule for final approval. Annika Yankee, Development Services, explained that Plan CC is the City of Corpus Christi's 20 -year comprehensive City-wide plan that will replace the current comprehensive plan that was adopted in 1987. Ms. Yankee presented information on the following: the highlights of the plan; the framework for the future; citizens' comments; the vision statements developed from citizen discussions; the goals and policies for economy and workforce, housing and neighborhoods, transportation and mobility, infrastructure and facilities, and land use, zoning and urban development; the difference between the current and future land use map; the annexation map; and the implementation plan. Mayor Martinez opened the public hearing. John Kelley, 3624 Austin, spoke on behalf of the Santa Cruz Partnership of the Chapman Ranch, stating that the draft plan fails to identify any City plans for the Chapman Ranch Annexation, Corpus Christi Page 10 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 leaving it as a rural enterprise/agricultural. Mr. Kelley recommended that the plan be altered to either disannex Chapman Ranch or promote development of Chapman Ranch. Gretchen Arnold, 121 Atlantic, spoke in support of the following: mixed use and urban neighborhoods; supporting areas that are not being serviced, and encouraging ways to reduce the source of pollutants. Judy Telge, 3554 Santa Fe, spoke on behalf of Bay Area Smart Growth, provided recommendations for elements in the plan that addressed the following: accessibility; affordable housing and rental housing; multiple housing options; accessible paths of travel, including water; and annexation. Ms. Telge said the group was concerned about the removal of the strategies and policies presented in the first draft. Gloria Randall Scott, 4422 S. Alameda, spoke regarding the plan addressing the Coles, Washington, and Hillcrest Neighborhoods together and being listed as transition areas. Warren Andrich thanked the City Council for slowing down the process to allow citizens an opportunity to respond the the plan. Mr. Andrich also encouraged the City Council to stop spending money on consultants. Shirley Thornton, 1917 Woodcrest, said she was glad that there is a plan that was developed with public input and would like to see the following: more sidewalks, affordable housing, a pay-as-you-go process, a health general fund, a way to address existing debt; and focusing tax dollars on the needs of the City. Abel Alonzo, 1701 Thames, thanked the staff and consultants for listening to citizen input and for being inclusive. Mr. Alonzo spoke in support of accessible streets, improving economics, focusing on affordable housing, and public transportation. James Skrobarczyk, 714 Oriole, spoke regarding the following topics: the need for additional housing, having a mechanism in place to amend the plan; identifying outside funding sources; the transition areas; and proper identification of land. Mayor Martinez closed the public hearing. 17. Public Hearing and First Reading Ordinance - Rezoning property located at 3802 Cimarron Boulevard 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. Corpus Christi Page 11 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 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. Mayor Martinez referred to Item 17. Director of Development Services stated that the agenda caption reflected the applicant's request instead of the Planning Commission's recommendation and provided a hard copy of the ordinance for consideration. Mr. Grimsbo explained that the purpose of this item is to rezone the subject property to allow for development of retail, office and multifamily uses. Mr. Grimsbo said staff recommended approval of the "CN -1" Neighborhood Commercial District on Tract 1 and denial of the "CN -1" Neighborhood Commercial District and, in lieu thereof, approval of the "RM -1" Multifamily 1 District on Tract 2. Mr. Grimsbo stated that Planning Commission recommended approval of the "CN -1" Neighborhood Commercial District on Tract 1 and denial of the "CN -1" and, in lieu thereof, approval of the "RM -2" Multifamily 2 District on Tract 2. In response to Mayor Martinez, Mr. Grimsbo provided the distinction between the multifamily units allowable in the "RM -1" and "RM -2" districts. Mayor Martinez opened the public hearing. There were no comments from Council or the public. Mayor Martinez closed the public hearing. Council Member Garza made a motion to accept the Planning Commission's recommendation for approval of the "CN -1" Neighborhood Commercial District on Tract 1 and denial of the "CN -1" and, in lieu thereof, approval of the "RM -2" Multifamily 2 District on Tract 2, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Council Member Riojas and Council Member Scott Abstained: 0 18. 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 Nueces County, Texas, located along the east side of Interstate Highway 69 about 2,000 feet north of County Road 48. Corpus Christi Page 12 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 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. Mayor Martinez referred to Item 18. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow development of a vehicle sales and service area. Mr. Grimsbo stated that the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Council Member Riojas and Council Member Scott Abstained: 0 19. 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: Corpus Christi Page 13 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 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. Mayor Martinez referred to Item 19. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for the installation of a 125 -foot cell tower. Mr. Grimsbo stated that the Planning Commission and staff were in favor of zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza 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: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Council Member Riojas and Council Member Scott Abstained: 0 20. 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; Corpus Christi Page 14 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 20. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow the construction of a 6 -unit townhouse development that deviates from the typical townhouse development standards. Mr. Grimsbo stated that the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member 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: 7 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Council Member Magill and Council Member Scott Abstained: 0 21. 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. Mayor Martinez referred to Item 21. Director of Development Services Dan Grimsbo stated that the purpose of this item is to amend the the Urban Transportation Plan to realign County Road 50 east of IH 69 to provide relief to future development and permit access to IH 69. Mr. Grimsbo provided information on the three options that were considered and stated that the Transportation Advisory Committee and Planning Commission recommend Option B - to realign County Road 50, 450 feet north of the current alignment designated in the plan. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza 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: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 Corpus Christi Page 15 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 22 - 27) 22. 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. Mayor Martinez referred to Item 22. Interim Police Chief Mike Markle stated that the purpose of this item is to amend the FY2015-2016 Crime Control and Prevention District Budget in the amount of $514,001 to include expenditures for the Police Building Security Project. There were no comments from the public. In response to a council member, Chief Markle said the cost is for the total project and project work is currently underway. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 23. 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. Mayor Martinez referred to Item 23. Interim Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant from the Department of Justice in the amount of $125,000 for the purchase of body cameras, with a City in-kind match of $50,000 and cash match of $75,000 from Corpus Christi Page 16 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 the Law Enforcement Trust Fund. 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: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 24. 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 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. Mayor Martinez referred to Item 24. Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept and amend a grant contract from the Texas Department of State Health Services in the amount of $61,645 to provide tuberculosis prevention and control services for the contract period September 1, 2015 through August 31, 2016; and ratifying acceptance of the grant agreement to begin September 1, 2015. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 25. First Reading Ordinance - Accepting and appropriating State funds for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant Corpus Christi Page 17 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 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. Mayor Martinez referred to Item 25. Assistant Director of Public Health Bill Uhlarik stated that the purpose of the item is to accept, amend, and appropriate a grant in the amount of $165,000 from the Texas Department of State Health Services 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. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 26. 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. Mayor Martinez referred to Item 26. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to approve and sign multiple Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company as required to complete the Mary Rhodes Pipeline Phase 2 Project. There were no comments from the Council or the public. Council Member Garza 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 18 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 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 Vaughn Absent: 1 - Council Member Scott Abstained: 0 27. 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. Mayor Martinez referred to Item 27. Business Liaison Alyssa Barrera stated that the purpose of this item is to execute a lease agreement with Results Company for 85 parking spaces in the City -owned parking lot at Mann and Mesquite Streets. This item was approved by the Parking Advisory Committee on October 5, 2015. There were no comments from the Council or the public. Council Member Garza 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: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 30 - 36) Mayor Martinez referred to Future Agenda Items. Deputy City Manager Rose stated that staff did not have any planned presentations. A council member requested information on Item 30. 29. Approval to submit a grant application to the State of Texas for funding available under the Local Border Security Program Grant 30. 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. This Resolution was recommended to the consent agenda. Legal Services Contract with Tim Brown for general water issues Motion to authorize the City Manager or designee to execute a legal Corpus Christi Page 19 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 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. This Motion was recommended to the regular agenda. 31. 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) This Motion was recommended to the consent agenda. 32. 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. This Resolution was recommended to the consent agenda. 33. 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. This Resolution was recommended to the consent agenda. 34. Type A Grant for Del Mar Procurement Technical Assistance Center (PTAC) Program 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 Corpus Christi Page 20 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 $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. This Resolution was recommended to the consent agenda. 35. 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. This Resolution was recommended to the consent agenda. 36. Type A Grant for LiftFund Loan Buy -Down Program formerly known as Accion 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. This Resolution was recommended to the consent agenda. Q. DISCUSSION ITEM FOR AD HOC RESIDENTIAL STREET INFRASTRUCTURE COMMITTEE: (ITEM 37) 37. Discussion and possible action regarding the resolution approving the formation of an Ad Hoc Residential Street Infrastructure Advisory Committee Mayor Martinez referred to Item 37, discussion and possible action on the formation of an Ad Hoc Residential Street Infrastructure Advisory Committee. Deputy City Manager Rose explained that on September 8th, the City Council directed the City Manager to prepare an agenda item to establish an Ad Hoc Residential Street Infrastructure Advisory Committee and staff is prepared to walk through the resolution. Mayor Martinez called for a brief recess at 5:18 p.m. Corpus Christi Page 21 Printed on 10/16/2015 City Council Meeting Minutes October 13, 2015 Mayor Martinez reconvened the Council meeting and returned to discussion on Item 37. Deputy City Manager Rose proceeded to go through each of the decision points in the draft and after City Council discussion, the following motions were made: Council Member McIntyre made a motion directing the City Manager to include in Section 2.B.(1) that the committee shall be composed of 9 members, seconded by Council Member Rubio and passed unanimously. Council Member Rubio made a motion directing the City Manager to include in Section 2.B.(2) that members will be appointed by individual council members with ratification by the Mayor, seconded by Council Member Riojas and passed unanimously. Council Member McIntyre made a motion directing the City Manager to include in Section D.(3) that the committee shall be subject to the Texas Open Meetings Act, seconded by Council Member Riojas and passed unanimously. Council Member Magill made a motion directing the City Manager to include in Section E.(4) that the committee members shall not have a conflict of interest and complete the conflict of interest form prior to appointment, seconded by Council Member Rubio and passed unanimously. Council Member Riojas made a motion directing the City Manager to include in Section F.(5) that the chairperson of the committee will be appointed by the majority of the committee, seconded by Council Member Rosas and passed unanimously. Council Member Riojas made a motion directing the City Manager to remove the language in Section 3 to evaluate the "Do Nothing" option, seconded by Council Member Rosas and passed unanimously. Regarding the committee responsibilities in Section 3, the following motion was made: Council Member Magill made a motion directing the City Manager to include in next week's packet, the report from Andy Taubman Draft Version 2.2., dated October 12, 2015, seconded by Council Member Garza and passed unanimously. Mayor Martinez asked staffs perspective be incorporated into Taubman's plan. R. BRIEFINGS: (NONE) S. LEGISLATIVE UPDATE: T. ADJOURNMENT None. The meeting was adjourned at 6:17 p.m. Corpus Christi Page 22 Printed on 10/16/2015 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 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 • South Padre stand Drive Williams Dr. PRQICT LOCATION NOT TO SCALE PRO -ECT: El ❑1 HEI 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 licS4 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 the Draft Engineering 1 etter Report 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 Internshia Progress Resort 2008-2015 Year # of F/T Jobs Created # of P/T Interns Placed # of Interns Placed # of Employers unduplicated 2008-2009 8 0 102 27 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: ❑ Operating ❑ Revenue ❑ Capital ❑ 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 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, 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 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, 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, 1 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 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 466 ,r 1 s 0 c. g Measurement Res-'ts Us _A Metric __j Length Length 1,420.88 ft 433.08 m 027 rm 043 km Perimeter Perimeter 1,746.808 53243 In 033 mi 0.53 km Area Area 177,786.52 sq ft 16,516.92 sq m 4:38 acres 1.65 hectare Perim Area: r, Planning Commission: RM -2 (30 units/acre) Staff: RM -1 (22 units/acre) Yeo NTAG 3 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 $ NO (t£E-07.13'E \E,eee. o 1«s2) Oz �9:73-0 ZQfin \372 j/to • ms 6.58 53 45 fps 6 %,2rE'71 0 Q.21 §¢2.3 DE■ E _' 0 ]02-' c§_a to 0G 0kC� koan 135]® 0CA 2 a � ��� gF0 ® of §Do.. GQo_ � m En' ƒxcr ~5 /.0_its 1 •0 3.o;o to oa. a- '1§fa g Z 0 411 0. a. g-1 Exhibit "B" 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+/- 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) C 1USERSVANYAR OOOIDESKTOPIDAILY USE'ANNIKA\LV1D 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 (tNO -07.13'E 152 e e. m. o E1«s2) Oz -09-0 :73ZQfin \372 j/to • ▪ ms 6.58 53 45 fps 6 %,2rE'71 0 Q.21 §¢2.3 DE■ E _' 0 ]02-' c_a 0�to G 0 A.0 koI3aa I]® 0CA 2 a tz gF0 ® of §Do.. GQusu. _o_ En ƒxcr ~5 /.0 0—a..00 3.o;o a. a- '1to o 0 §g aa c0 O. o § - • _ _o =�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 & Legal Description 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. Zoning Request 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 and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Light Industrial Light Industrial North Outside City Limits Heavy Industrial Heavy Industrial South "IL" Light Industrial Light Industrial Light Industrial East "IL" Light Industrial Commercial Light Industrial West "IL" Light Industrial Low Density Residential and Vacant Light Industrial ADP, Map & Violations 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 "01" 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 0 O O 1VOIdAl -1J3MO1 • • --------�---- 'N,_ -7-- / \ ,tq AV ; , f \ f ! f 1 f \\SAVAGE LANE \k \f'' \ NO n Yr0nr�D z o < z ns rnC r m m oz of T5 a N r'Z E CG) C N -I 5r -U) r- rt- 5 dWW ONINOZ 492 iigll Pi 01;12 Oo WE 11 aAA b� ,. e AypA"pytt!i&rr ��c NOIIVIN21ON1 2:13I J IVO 0 ZZ zg `o cng mg Z.. NO11dwasaa 1V931 A NOIlVWbOdNI IOd1NOO SINVI1f1SNO0 r ma 6 Ma A iIV • Z z•m ? xi -4 3z p EAA Re.C15 K2K A m cfr Sl6Z 'l 1111dV NOIEMMOANI311S bc3 :3WHN 311S 3dAl IO3fO8d NV1d 31IS ONINOZ 111P 1114 n wauzi00,t4 i < L 2"7 Y 4•+ i a • Nrf WO • •f • r Q lae+li d• Mane ti x ra (N07°41'30"E C r. D r m' S Vac, C i S1 a VINCENT GERARD & ASSOCIATES LAD PLANNING & ZONING CONSULTANTS 1715 CAPITAL OF TExAS HWY sovTN• STE. 297 AUSTIN TEXAS 7074 (51432M0 -x993 -- vino+,@l.ce_rei EXHIBIT ZONING SITE PLAN BUDDY LAWRENCE 5107 UP RIVER ROA CORPUS CHRISTI, TEXAS Exhibit B 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 Vicinity Map 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 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. naismith engine r r 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 O 4 0 Parking I See sheet 8 for Layout Mandel Drive Sidewalk Pedestrian Access to Common Area naismith engineering, inc. • pia .....J _...1 J 1......._..1.. ....... li,l.l ■ , .._ COIS 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... J _..t J_.�L r...�..1.._....:..� I:,I.I 1 11010 EXHIBIT "B" Vehicular / Pedestrian Access 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) pPVEMENj 3,000 PSI CONCRETE. ro #4 REBAR AND DOWEL LOCATION. (TYPICAL) (SEE CURB EXPANSION JOINT DOWEL DETAIL BELOW) RIBBON CURB Typical Cross Section 1 Running Light Access & Utility I : • X01 i Utility i Easement / 'L= Yard 1 Requirement 1 Parking 24' Private Drive naismith engineering, inc. • pial.... J _...1 JL ..._..1.. ....... li,l.l • j_.... C01C Parking Requirements 1 Running Light Parking will be within designated parking areas for each unit including space for overflow parking. The Parking Layout is shown below. out - Parking Requirements Required Spaces: Three -Bedroom Guest Total: 2 / Unit 1 / 5 Units 14 Spaces Provided Spaces: 18 Spaces *Each lot has 2 garage spaces and 1 guest parking EXHIBIT "B" Preliminary Plat 1 Running Light /0.04 S76. 53, 09,,e 1A 101 O 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. 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". ice THE T.C.E.Q. ALSO CATEGORIZED THE LAGUNA MADRE AS h _U "CONTACT RECREATION". p -9 4- V , ,.' ti 2� 0 ,,k -ti- ~ U O J O U' .. h ' 05• O = N <U .2 U U O 0. '-. a� O O U QO U X44, ,O o a 8 COMMON AREA 7582 sf N76053, 0 Ntr 20 40FEEr 101.64 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 Direction Lt 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 -0 ACCESS EASEMENT-A.E. M.R. MAP RECORDS gg wQ 0 E �U og SHEET OF 2 naismith engineering, inc. • pia... .1 _...1 L._I_..._..L.. .......� L�I.I CO1C EXHIBIT "B" 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 O:_ TELIAS CO- NT- O❑ N-ECES 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 On TELAS COIJNTE O❑ NIECES 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 LOCATION MAP NOTTITO SCALE STATE OL TERAS CO:NTL OE NE ECES 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 O❑ TECAS CO NTT 07 N-ECES 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 On TE_AS CO NTS OD N= ECES 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 OL. TEAS CO NT I O❑ NEECES 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 C 2 v) a } oo C Y CO V a� o1-- 0 0 Z N O C V" ;00 z�M aml H>��Ac o ccW .�aC� z W ry W /�� z°^ W z >j W w V) �7^0 =z � m W o" ZW oa s ��N z v=i x W j co W ' F 2 W ra " " oo n 0X aF (Al J CL 0 LP (1) ui 0- ct 0 U w �tr) tna .,z V■ L11 O LO� CT ON M E a -J .. 0) H N M n 01 ,, • 0O 0 N. if, v. in m a ■ 0) M LL w oa cn '- " N n kip 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:\9451 - RUNNING LIGHT PUD\10 - PLATTING & ZONING\PRELIMINARY\20150826 - RUNNING LIGHT PRELIMINARY PLAT - P&Z REVISION.DWG 66. 64, 9"E 1 // 1 2421 sf / cri 0 5.00, v 7013/ 2 1753 sf S76 53 090& 3 2090 sf 56.55, / / / / / / oa' / 5' yr? 9.04' - c,9 - 5.24' Z 5.24' 90'1.R7u-rt. Z.5 0oco cow ^. 33 05 - 5'y 86 2g og, � 9°47,79z, UL yEq 8 COMMON AREA 7582 sf 7 0 20 40 FEET / //// / / 1" = 20'-0" 107.64, 1 -4/4/ Q- -J co N M N ) -. v , 0 0co- C.) 0 0 v Q =. ��im, �. J . 7 R 1 P 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 nnFES n 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 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 Direction LC 19.23 N13° 06' 51.46"E Ln 33.54 S76° 53' 08.54"E L- 15.00 S13° 06' 51.46"W Ln 15.00 S13° 06' 51.46"W Ln 6.10 S76° 53' 08.54"E LEGEND • IRON ROD FOUND BLOCK SYMBOL M.R. PROPERTY LINE UTILITY EASEMENT - U.E. YARD REQUIREMENT - Y.R. DRAINAGE EASEMENT - D.E. ROAD CENTERLINE - ACCESS EASEMENT - A.E. MAP RECORDS F RUNNING LIGHT PUD Q. 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 < W w 3 w} w O 1- z w SURVEY DATE w 1.0 0 a - z N Q M � O 0 Y 0 o2 K u) >- O I_ Y m O U U m d 0 0 Z � M 01 Q ^ N Z o > X o� 2 Q O V1�0OJw O "w J fraC7 1. w z ▪ N W 'ooh"z Gjz v■ w Z ¢�00 LLJ (l , W w V1 .. r,., CA ■ oS ± O o Z co la • J a m W OF Z on" rNi• C7 � ^�O r- u W = LL ■ wz�C7 W 3- I vH I_oa■ N ^ ▪ ii re9' ■ Q H OON to lip��w et 1....02 1-E U W ,u) z SHEET 2 OF 2 EXHIBIT "0" 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/IO. 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/IO E4DRE ISLAND SECTIO'' II UNIT I naismith enginec. r..,, :... l_...._J _..:1 J I , ..._..L.. _......., I:,I.I COIL 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 naismith engineering, inc. ■ pla ... J _...1 J L .....1.. _......., 1.,1.1 ;_.. CO1C 6 naismith engineering, inc. ■ plai....,J ..Jt J.....L.,...__I..........., I:,I.I ,...... e011; 0 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. ROADWAY 1/4"/1' SLOPE WIDTH 1/2" BATTER (OPTIONAL) PP�µENz • 3,000 PSI CONCRETE. #4 REBAR AND DOWEL LOCATION. (TYPICAL) (SEE CURB EXPANSION JOINT DOWEL DETAIL BELOW) RIBBON CURB Pedestrian access will be within a designated 6' wide sidewalk adjacent to Mandel Drive. naismith engineering, inc. ■ pia i...�ei F..:! ! . \ �...�..1.. �. .L. I4,1.! ■ js VIII 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 BLOCK 3, LOT 8 COMMON AREA 7.502 .s1 H 3 24' 25., E. 6 3276 SF 54.09. ♦ 15.00' R2.00' ----- 5 _ 0 z 5 2028 SF ,T 4 2105 SF 31' ACCESS AND UTILITY EASEMENT 10' Y.R.N.E. 0 8,0 wzP ‘O TYPICAL PRIVATE STREET SECTION 31' ACCESS AND UTILITY EASEMENT SECTION SCALE: N.T.S. S23°24 251,q 28 0' 5449' 3 2090 s/ 12.00' ANDEL 18.00' 2 1753 SI 7.00' � 7 COMMONAREA_ ACCESS AND UTILITY EASEMENTS _ D7's _ 4154 SF 242, s( 7.00' • 18.00' 11.00' BLOCK3, LOT5 S76° 53' 09"E 1 FOR INTERIM REVIEW NOT FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES CRAIG B. THOMPSON, P.E. LIC: 89496 DATE: 07/2015 naismith engineering, inc. • pla ,,, J _...1 J ._I_ .....1.. _......., 1.,1.1. _.._ COIC CRAIG B. THOMPSON, P.E. Dia' 'c; Eig 17. cu OKLA W 44 q y�R E ��a■ Ilf_� SITE PLAN RUNNING LIGHT P.U.D. CORPUS CHRISTI, NUECES COUNTY, TEXAS C1200 SHEET 7 OF 25 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 SES POS7. SP, 0.74.°111„ J ® 1'1INEY novo S 02 1M $ 00,485 0004287110 AUG 28 2015 MAILED FROM ZIP CODE 78412 Ili CR -2 !0 SUBJECT PROPERTY RIM -AT 1'0 f00 CASE: 0915-04 SUBJECT PROPERTY WITH ZONING R3.1 lawillremily I 113-= 3uINamlly3 R3-1 3ullllamlly 1 ON PmN..lerra16111a. R3 -AI LWRlhmlly 111 CN -1 CN -S CR -1 CR 2 C6 -I C6.1 CI COD CR 1 IR 11 RP N algribsn..a Commercial. 14tibborbo.d Comm.r..I R..pt Commercial aerial Comrn.raaI General Commercial General Ca.nmercl.1 Intensive Commetct.I Oewmewn Commercial L eone! Cemmer.I.l Faro Aural MiataK Ov.rlay Rualn.H P.r. L Lgntlnauslrlal N Heavy Industrial PYO Planned unit oa. Overlay 113-12 51nol.. ramnry W Rsd 11ngI..1.mlry 1 R841 ilrp1.11mlryr1.1 R2-17 1W-Panrlly 1141-12 Wlgl.-Fainly I{ RE R..daml.t E11114 146111 lOwnlwuae SP i1.cl.1 Penult Ry R.eraallonel 131110. Poe R/.N Mena nit -urea Name 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 2moi® .L1 .111/279 -..1941,72----PlItilltirltrtS •1,C iii +`' 'r,�•� E 02 1M $ 00.486 S�:rif'`FE 0004287110 AE1G 28 2015 •*—: r MAILED FROM ZIP CODE 78412 i CR -2 I0 0 SUBJECT PROPERTY 4 =' 3 1 11111FIilllllitirlll 11"aR-1 . I0 CR~ 7 allo , C-R - 114 ‘0,. RIM4 /1'OJ� :IR At A7 " r. RM AT 10 . F* R —A7' 0 P�i/•D , / f?N'kJ P. 7 R41- AT 1'O D41. .{n7-7015 Pee♦hirml Hy' Jele^7M of Of 01opm.nt Senk}. CASE: 0915-04 SUBJECT PROPERTY WITH ZONING Subject Property RM.1 uutR.mly 1 RM -7 AWn0.mlIy7 Rua 004n0100 ON Proheele..l Orrice RUST laultlamly AT CR•1 R.Ichtmreeed Cermet a 1 1:11.1 N.IR1me1ROOR CPTm0 001 CR.I Resell Cemmeml.l CRa CO.1 CG.1 CI CRO CR 0 IR RP Resod Cemmerclal General C.aa.rcl. Gen.nl C.mniuc .I Sl nein Commercial 11.enneem Cemwrer.l.l meson Cemmercl.l Farm Rural 1001000 Overly Sumner. Poe IL LIcollneuabMl H Heavy ln40.01. P ITO PU.mnd Unf Der Overlay RS.10 Since. roomy IR RS4 eppeeFamly. RS. R SirMel 0.m11T 4 RS Tr T00-F.mly 10-11 3Nrpe.d.mly IS RE b.nl.nll.l E.1.b R3TN Tewn900lr SP Spec ret Peron Ry R.ar..tbnal Vehicle PIIS pMN M.n.la.eel.. wem. 4+ .} M cp SUBJECT PROPERTY 17 r� LOCATION MAP City or Corpus Christi Aerial Overview �f'RItgR m e MAIN (eppARt) IH 37 OR3� wwH 4412AR 1 `I'q Vicinity Map CR 34q q� U CP26 CR 28 q„ FM 43 �wT� S OCEAN rg*1 0� FM 665 Q 02 W� Q U U ¢ F Oso OSO O� o OJ U 1?' 4 m CR 14 ," Co 84 CR12 U V FM 70 c 4VFiIT!_ AP U 18NR 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 County Rd. 50 Realignment AV Ar o' o� 0 n I r ,4. LOCATION MAP \\\` PROS ECT 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 c%6) 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 Current Transportation Plan Proposed CR 50 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 ENQIM J County Road 50 near IH 69CorpC � rChr ograms r �04 r ere 0 76 50 PE Sd iA0 GRA e ti� ©Capyr;ght 2015 Urban 5nginaenng 1 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 1 J M-012 and M-013 Buried Utility Line for Rectifier M012 013 Blessing PROF ECT LOCATION M-049.1 Buried Utility Line for Rectifier M-046 Buried Utility Line for Rectifier LOCATION MAP NOT TO SCALE Markham M049 PRO ECT: El 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 Lel Corpus Chr sti 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: ❑ Operating X 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 $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 others 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. b 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 rs i, Texas, as changes occur. Certifying Person: Signature of Certifying elo A. Ge. carelli DEFINITIONS te: 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 Public Hearing and First Reading for the City Council Meeting of October 20, 2105 Second Reading for the City Council Meeting of October 27, 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 and First Reading for Property at 3101 Up River Road. CAPTION: Case No. 0815-04 Cheryl McLaughlin & Hatch, LLC: A change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. The property is described as being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. PURPOSE: The purpose of this item is rezone the property to allow expansion of an existing RV park. RECOMMENDATION: Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RMH" Manufactured Home District and "RS - 6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant proposes to expand and upgrade an existing RV park called Hatch RV Park. It is staff's opinion that the proposed rezoning and subsequent improvements to the property furthers a key objective of the Westside Area Development Plan pertaining to redevelopment of property that results in a harmonious arrangement of land uses. Development of the subject property will further policies pertaining to infill development of vacant tracts of land, and will benefit the area in general. The rezoning will not have an adverse effect on the overall character of the area and is generally consistent with the Westside Area Development Plan with respect to the intended use of the property as residential. 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 and is planned for low density residential and mobile home uses. The proposed rezoning to the "RV" Recreational Vehicle District is generally consistent with the adopted Future Land Use Map and the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 1116 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 Cheryl McLaughlin & Hatch, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park 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 Cheryl McLaughlin & Hatch, 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 "RV" Recreational Vehicle Park District, and on Tuesday, October 20, 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 Cheryl McLaughlin & Hatch, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, located at 3101 Up River Road between Westgate Drive and Palm Drive (the "Property"), from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District (Zoning Map No. 047044), 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. This ordinance changes the Future Land Use Map from low density residential and mobile home uses to commercial uses. SECTION 4. To the extent this amendment to the UDC Zoning Map represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. The Future Land Use Map is hereby amended from a designation of medium density residential uses to commercial uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_0815-04 Texas Geo Tech Engineering 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_0815-04 Texas Geo Tech Engineering Page 3 of 3 LAND SURVEYING, INC. 111 TexasGeoTech EXIHIBIT A CURRENT ZONING AND USE-RMH AND RS -6 PROPOSED ZONING AND USE -RV Being a 9.16 acre tract (398821.40 Sq. Ft.) of land lying within the Corporate City Limits of Corpus Christi, Nueces County Texas, out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract as shown on the map or plat thereof recorded in Volume 47, Page 98, Map Records Nueces County Texas an being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a caIIed 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas and being more fully described by metes and bounds as follows: BEGINNING at a Found 1 inch steel pipe at the southeast corner of said Lot 1, Block 2, Hatch Tract and the southeast corner of this herein described tract from whence a Found 1 inch steel pipe in the south right- of-way line of Up River Road, at the northeast corner of said Lot 1 bears N 01°39'28" W a distance of 1162.80 feet; THENCE: S 88°20' 14" W with the south line of said Lot 1 and the south line of this herein described tract, a distance of 544.17 feet to a Found 5/8 inch steel rebar for the southwest corner of said Lot 1 and the southwest corner of this herein described tract; THENCE: N 02°05'21" W with the common west line of said Lot 1 and this herein described tract, a distance 236.88 feet to a Found 1 inch steel pipe in the at the southwest comer of said 2.00 acre tract for au angle point in the west line of this herein described tract; THENCE: N 01°35'52" W with the common west line of said 2.00 acre tract and this herein described tract, a distance of 621.17 feet to a Found 1 inch steel pipe for the northwest corner of said 2.00 acre tract and this herein described tract; THENCE: N 88°24'57" E with the north line of said 2.00 acre tract and this herein described tract passing Found 5/8 inch steel rebar at the northeast corner of said 2.00 acre tract at a distance of 134.49 feet and continuing across and into the said 1.681 acre tract for a total distance of 267.29 feet to a point in the common line of the said 1.681 acre tract and the said 1.13 acre for an interior ell corner in the north line of this herein described tract; THENCE: N 01°42'35" W with the common line of the same a distance of 68.49 feet to a point; THENCE: N 88°11'46" E across said 1.31 acre tract a distance of 94.51 feet to a point in the upper west line of said Lot 1 for the most northeast corner of this herein described tract; THENCE: S 02°00'18" E with the common line of said Lot 1, said 1.31 acre tract and this herein described tract a distance of 224.91 feet to a point; THENCE: across and in said Lot 1 the following courses and distances: 1) N 86°32'32" E a distance of 78.18 feet to a point for a comer; 2) S 03°33'01" E a distance of 257.34 feet to a point for a corner; 3) S 12°35'54" W a distance of 262.13 feet to a point for a corner; 4) S 88°56'21" E a distance of 115.99 feet to a point for a comer; 5) N 02°14'19" W a distance of 245.72 feet to a point for a corner; 6) N 80°17'20" E a distance of 47.21 feet to a point for a comer in the east line of said Lot 1; THENCE: S 01°39'28" E with east line of said lot 1 and this herein described tract a distance of439.49 feet to the POINT OF BEGINNING and containing 9.16 acres (398821.40 Sq. Ft.) of land more or less. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NAD83 TEXAS SOUTH ZONE THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. June 25, 2015 150518FN-.doc Joe B. Crosby Registered Professional Land Surveyor Number 5566 5525 S. STAPLES 57'. SUITE B2 - CORPUS CHRISTI. TEXAS 78411- PHONE 361-993-2955 - FAX 361-993-2955 Exhibit 'A' SCALE: 1" = 200' Q• 4�0 N88'24'57"E 134.49 267 29' h QUO Oa{ to to to 4- 0 t0 W ril4s Qe. Q - w Ps CURRENT ZONING AND USE—RS-5 PROPOSED ZONING AND USE—RV O IT1 h) LT . LOT 1, BLOCK 2 HATCH TRACT VOLUME 47. PAGE 98 M.R.N.C.T. TOTAL 9.16 Acres. 398821.40 Sq.ft. co 17 11 Qa ROAD i60• EXHIBIT "B" CEMENTERY HOLY CROSS CURRENT ZONING AND USE—RMH PROPOSED ZONING AND USE—RV S88'2014"W HOUSTON COPART SALVAGE AUTO AUCTIONS LMTD PARTNERSHIP CALLED 8.37AC. DOC. 20020292-62 0.P.R.N.C.T. CA 544.17' HIRSCH GOLDSTEIN TRACT CALLED 4.539AC. VOLUME 1494. PAGE 351-353 D.R.N.C.T. I, JOSEPH B. CROSBY, A REGISTERED PROFESSIONAL LAND SURVEYOR, THAT THIS SURVEY REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS, THIS THE 14th DAY OF JUNE 25, 2015. JOSEPH B. CROSBY REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE No, 5566 G4 ID IV r+'I 0 CARRIAGE CEMENTERY SERV. ROSE HILL PARK CEMENTERY D0C.419990139-48 0.P.R.N.C.T. L1 N1'42'35"W 68.49' L2 N8811'46"E 94.51' L3 N86'32'32"E 78.18' L4 S12'35'54"W 262.13' L5 888'56'21"E 115.99' L6 N214'19"W 245.72' L7 N80'17'20"E 47.21' 9.16 ACRE TRACT Being a 9.16 acre tract (398821.40 Sq. Ft) of land lying within the Corporate City Limits of Corpus Christi, Nueces County Texas, out of the E Villareal Survey being a portion of Lot I, Block 2, Hatch Tract as shown on the map or plat thereof recorded in Volume 47, Page 98, Map Records Nueces County Texas an being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas. TEXAS GEO TECH ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi, TX 78411 (381) 993-0808 Fax (381) 993-2955 DATE: JUNE 25, 2015 DRAWN: RC SCALE: 1" = 200' JOB NUMBER: 150518—Z APPROVED: JBC SURVEY: RC & BP Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No. 0815-04 HTE No. 15-10000046 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Description Representative: Texas Geo Tech Engineering & Land Surveying, Inc. Property Owner: Cheryl McLaughlin & Hatch, LLC Legal Description/Location: Being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road. Zoning Request From: "RMH" Manufactured Home District and "RS -6" Single -Family 6 District To: "RV" Recreational Vehicle Park District Area: 9.16 acres Purpose of Request: To allow expansion and upgrades to an existing RV park. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RMH" Manufactured Home District and "RS -6" Single- Family 6 District Mobile Home, Estate Residential and Vacant Low Density Residential, and Mobile Home North "RS -6" Single- Family 6 & "RV" Recreational Vehicle Park Estate Residential and Mobile Home Low Density Residential & Mobile Home South "RS -6" Single- Family 6 Vacant Mobile Home East "RV" Recreational Vehicle Park and "RS -6" Single- Family 6 Mobile Home and Public/Semi-Public Mobile Home and Public/Semi-Public West "RS -6" Single- Family 6 Vacant and Low Density Residential Low Density Residential Planning Commission Final Report Page 2 ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for low density residential and mobile home uses. The proposed rezoning to the "RV" Recreational Vehicle District is generally consistent with the adopted Future Land Use Map and the Westside Area Development Plan. Map No.: 047044 Zoning Violations: None Transportation Transportation and Circulation: The subject property is part of and adjacent to an existing RV park that has approximately 210 feet of street frontage along Up River Road, which is a "01" Minor Residential Collector street. Street R.O.W. Street Urban Transportatio n Plan Type Proposed Section Existing Section Traffic Volume Up River Rd. "01" Minor Residential40' Collector 60' ROW paved 55' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the ""RMH" Manufactured Home District and the "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District to allow expansion and upgrades to an existing RV park called Hatch RV Park. Development Plan: The proposed property is within the Hatch Tract Subdivision. The applicant is proposing a rezoning of three adjoining land tracts totaling 9.16 acres in area. Existing land use on the three tracts consists of RV park uses, limited mobile home park use, and vacant property. The total number of existing spaces is 135. The purpose of the rezoning is to eliminate the mobile home park use and expand the RV park use to the subject property. The number of planned RV parking spaces is 200. If the zoning is approved, the applicant intends to seek approval of a plat consolidating the three land tracts into a single lot. The applicant further intends to improve the overall site with respect to site acess, available utilities and other support systems to comply with City codes and ordinances as well as applicable industry guidelines. Existing Land Uses & Zoning: North of the subject property, the property is zoned "RS -6" Single -Family 6 & "RV" Recreational Vehicle Park with estate residential and mobile home uses. The property to the east of the subject property is zoned "RV" Recreational Vehicle District and has existing mobile home uses and a cemetery in the "RS -6" Single -Family 6 District. The property to the south of the subject property is zoned "RS -6" Single -Family 6 and is vacant. To the west of the subject property are low density and estate residential uses in the "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Planning Commission Final Report Page 3 Plat Status: The subject property is platted and will be consolidate pursuant to rezoning. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan. Although the Future Land Use Plan designates the property for low density residential uses and mobile home uses, the proposed use is not so dissimilar to have an adverse impact on surrounding property. The proposed rezoning and subsequent rezoning of the property furthers a key objective of the Westside Area Development pertaining to redevelopment of property that results in a harmonious arrangement of land uses and creating a pleasant living environment and policies in the Comprehensive Plan pertaining to the rehabilitation of substandard homes. Approval of the rezoning and subsequent development of the subject property will also further policies pertaining to infill development of vacant tracts of land. Department Comments: • A rezoning of the property will facilitate the redevelopment of existing property. • A rezoning of the property will further policies pertaining to infill development. • Planned improvements to the subject property will benefit the area in general. • The rezoning will not have an adverse effect on the overall character of the area. • The change in rezoning is generally consistent with the Westside Area Development Plan with respect to the intended use of the property as residential. • The proposed use provides a needed service for the City with respect to housing for tourists in our City. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RMH" Manufactured Home District and "RS - 6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. Public Notification Number of Notices Mailed — 37 within 200 -foot notification area 6 outside notification area As of September 28, 2015: In Favor — 3 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.53% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0815-04 Texas Geo Tech Engineering (Hatch RV Park)\Council Documents\Report for CC_0815-04 Texas Geo Tech Engineering.docx CASE: 0815-04 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 Develcpment SeMces Dept P.Q. Box 9277 Corpus Christi, Texas 78469-9277 (381) 826.3240 Located at 2408 Leopard Street REZONING APPLICATION Case No.: 0 g IS- D Li Map No.: OLIl 094 PC Hearing Date: 7 Z G : t S Proj.Mgr: ! ] ODDS 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. . INCOMPLETEAPPLICAT7ONS WILL NOT BE ACCEPTED. 1. Applicant XA 5 iEr, 1?czQ1AJC) Contact Person 2T 1-012.e.C.5 Mailing Address: 5 G S S • S 7Q P L' 57. 5 (IT (7, ^Z City. Corpus Christi State: TX ZIP:7 (i Phone:CSC' c� () 13-0B°G E-mail: cell:( 1)913-fj8 A 2. Property Owner(s): Cheryl McLaughlin & Hatch, LLC Mailing Address: 3101 Up River Road Contact Person : Cheryl McLaughlin cityCorpus Christi E -mai 1bjte:TX Zip:78408Phone: (361 )8839781 Cell: (210 )415-6058 =7./L. ac. 3. Subject Property Address: ?I;M 1 tj ei e ra._ R.D . Area of Request (SF/acres): Da nz. I. qe - S. r- Current Zoning & Use: IZ fr 14- / i2 S - tv Proposed Zoning & Use: 12.V 12 -Digit Nueces County Tax ID: 2: q T. o b z- ra o t t7 Subdivision Name: A.TG 1-1 `TTL 4c. T" Legal Description if not platted: VoL . , Plc e, L b - ,t,co -WOO -OO5b Brock: • Z Lot(s): 4. Submittal Requirements. + 12 -Early Assistance Meeting: Date Held L( -2.q- 1S- ; with City Staff Pio ]tic T rir 2)4 Af v4 I Land Use Statement Disclosure of interest aeopy of Warranty Deed IF APPLICABLE [Lf eak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 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 () o Lo rt S L. woo ❑ Site Plan for PUD or Special Permit ❑ Lien Holder Authorization 1 certify that I have provided the City of Corpus Christi with a complete application for view; that I am authorized to initiate this rezoning as orprhbehalf of the Property Owner(s); and the info tion provided is accurate. Omer or Cheryl McLaughlin Owner or Agent's Printed Name Appl cant's Sign -e i2a 13 a ,L T LI L a.. .. Applicant's Printed Name Office Use Only: Date Received: i - 2_1-1 S Received By: l 1 ADP: \ALS Rezoning Feer 1(u92. S 3 + PUD Fee + Sign Fee 10. tip = Total Fee "T 1 `102 SO No. Signs Required ® SID/sign Sign Posting Date: 15-1 I- IS K:hDEVELOPMErirsvcoSHAREDIANO DEVELOPM9,ID.5PPUCATION FORAISPIMONINGUONING APPLICATION 2016000 Fenn Revised 511212015 PEAK HOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). J Property Address: -3/ 0 / (Ip My v 1f� o. d Legal Description (Subdivision, Lot, Block): /14,4ti 1 aeit Z01 / Nock 2. Applicant Name: 7eXa.5 6e,,•a7uti aCIr5iNeern" sestet bad Acirvev;" Z,ie . Address: 56 J, jiatiole5 S,r ,..316/e 8-2 City/State/Zip: Gor,a5 Cl1Yi07/1, 75( 76i/M Telephone: (36/) 99 3 - 0 90 8 Email: robev / t'.tst xgs5) eoieeh . cosi Rezoning _ Site Plan ESlreet Closure Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826.3240 www.cctcxas.com Application Status (Select One): Existing Land Use Tract Acres Building (SF) Zoning Land Use I.T.B. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 9./6 /35vn:41 1901/8 -4, m//"vale 2VD etc/' S9 oGV ¢?/ Ante ,wk Proposed Land Use Tract Acres Building (SF) Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rale Peak P.M. Trips 1./6 zoo 1/0/s / V RV Park 26t0 a. YV 99 6.40 /zeo Total 8$ Total /2-0 Abutting Streets Street Name Access Proposed To Street? Pavement Width (F1) ROW Width (FT) Oa River Road t/e5 g 10 For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with n the City to discuss the scope and requirements of the analysis prior to beginning the TIA. L� l A Traffic impact Analysis is NOTrequired. The proposed traffic generated does not n exceed the established threshold. ! ! The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Dote: Note. This completed and reviewed form must accompany any subsequent appticaton for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. 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 buildings)/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 proposed zoning request applies to three adjoining land tracts totaling 9.16 acres in area. Existing land use on the three tracts consists primarily of RV park use, with limited mobile home park use, and some unused vacant property. The total current mobile home and RV parking space count is 135. The proposed land use will include elimination of the mobile home park use, and expansion of the RV park use to these areas, as well as the currently vacant land areas. The proposed RV parking space count is 200. Re -platting of the three adjoining land tracts into a single property Is contingent upon approval of this re -zoning request. Expansion of the RV park use will include improvements to site access, utilities, and other support systems as required to comply with the applicable statutes, codes, ordinances, and industry guidelines. 2. Identify the existing land uses adjoining the area of request: North - South - East - West - Pa/pc. — e4 d ono l (44i lehoo/) Vacani sutd /ndusirf4l Puhl/e.- CemeTLfry 5:n1/4. P4$i/4 ep 'der 71/41 GiUSERWANVAR.A00 eracromAiry USEVUOSKALL ND USE STATEMENT FOS ZONlNGCOC 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. Ever( question must be answered. If the question is not applicable, answer with `NA". NAME: Cheryl McLaughlin STREET: 3101 Up River Road Cin: Corpus Christi FIRM is:OCorporation °Partnership °Sole Owner °Association ZIP: 78408 ® other LLC 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 N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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: Cheryl McLaughlin (Print Name) Signature of Certifying Person: /711„Taeg42. Title: PALOattOL Date: &Al hs- KTOEVELOPMENTSVCSISHAREDUAND DEVELOPMENTIAPPLICATION FORMSIREZONINGOGIOLOSURE OF INTERESTS STAT HENT 5.72.2015.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 be answered. If the question is not applicable, answer with "NA". NAME: TV goTi 4H Eki ct=?J4 t lea Nr, 50evEyrr, . STREET: 5525-.5 • $14 t'iA CITY: (u ae u°, Clef at S -t ZIP: 1$ Y 11 FIRM is:QCorporation °Partnership °Sole Owner °Association Other .14G. &.lT 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". Job Title and City Department (if known) Name /4 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 1/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: t� o p, cn.T (c, aft a (j Title: PRA S e.c r -i 43 113-6 (en_ ;Print Name) ,. Signature of Certifying Person: Date: 1 1 ' S I::IDNELOPMENTGVCS MAREOALMIo DEVELOPME m FP XaMON fORLL51RaONIINa4DiSCLO LIRE OF ENTERESTS 67.•.TBelo 5.12.2015.DOc John A. McLaughlin, II Mary E. McLaughlin 233 Indiana Avenue Corpus Christi, TX 78404 Email: bettyemcl@yahoo.com Mobil: 1-361416-6045 July 24, 2015 Beverly Priestley �_Janning IechnirJan Development Services City of Corpus Christi Dear Beverly Priestley: At the request of the borrower, Cheryl McLaughlin and Hatch, LLC, this letter is your authorization to proceed with the rezoning of the property located at 3101 Up River Road legally known as 9.51 acre tract of land and being all of Lot 1 and Lot 2, Block 2 of the Hatch Tract, the called 0.11 acre tract, and that remaining portion of a called 9.47 acre tract of land as recorded in Doc# 2014001834 of the Wilda! Public Records of Real Property of Nueces County, Texas. As lienholder, John A McLaughlin, II and Mary E. McLaughlin, authorize and approve the rezoning of the above described property Should you have questions or concerns, please feel free to contact us. Sincerely, Gt 8. John A. McLaughlin, II Mary E. McLaughlin Cc: Cheryl McLaughlin, Robert Torres Community Bank 1.1E? 13ER 1°0IC July 24, 2015 Beverly Priestley Planning Technician Development Services City of Corpus Christi Re: rezoning application for Hatch RV Park Dear Beverly, At the request of our borrower, this letter is your authorization to proceed with the rezoning of the property located at 3215 Up River Road legally known as a 2,00 Ac. Out of 3.94 Ac., Tract E (Tract 1-1.2 Ac, & Tract II - 2.3 Ac.), Peterson Tract out of Frances Hatch Tract as in Doc# 959620 of the Official Public Records of Real Property of Nueces County, Texas. As lienholder,1si Community Bank, authorizes and approves the rezoning of the above described property. Should you have questions or concerns please feel free to contact us. LJ� Joe Davis Asst. VP Loan officer ALICE 1600 East ,\lain ,lice, TX 78332 361/664.8775 FAX 361/664.3325 CORPUS CHRISTI 4201 5. Alameda Corpus Christi. TX 78412 361/985.9310 FAX 361/985.9468 CORPUS CHRISTI 416 North Water Corpus Christi. TX 78401 361/888-931t1 FAX 361/888.9468 CORPUS CHRISTI 5406 Everhart Corpus Christi. TX 78411 361/993-9310 FAX 361/993-9468 www.fcbot.com KINGSVILLE 1629 lirahma d Kingsville. TX 78361 361/592.8002 FAX 361/592.8022 PORTLAND 1001 Wildcat Dr Portland, TX 71137.1 361/643.9310 FAX 361/643.0095 PADRE ISLAND 14254 S. Padre Island Dr . Ste. � Corpus Christi. TX 78418 361/949.9310 FAX 361/949-0095 APPOINTMENT OF AGENT As owner of the subject property, l hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: %x4 S (1, ec t-1 -7p Rr2 pr. Mailing Address:5 z 5 S . S ?A ei ,es -S State: TX Zip: t,/1 / City: Corpus Christi Home Phone: ( ) Business Phone: t -C 611: (-3(0 t ) 9i0y 3 -08,08 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, l fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent bas less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application arc part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. 1f my property is owned by a corporation, partnership, venture, or other legal entity, then 1 certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "1", "my", or "me" is a reference to the entity. *Signature of Agent: Title: 4'Z Printed/Typed Name of Agent: 2oP)rzvZ.-r T n -S Date: (0- zot - ! S� *Signature of Property Owner: (?h47// , Printed/Typed Name of Property Owner: Cheryl McLaugh in Title: President Date: 6/29/2015 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOINTME7+TTOF AGENII- I9-o9.do¢ LAND SURVEYING, INC. 111/ TexasGeoTech EXIHIBITA CURRENT ZONING AND USE-RMIIAND RS -6 PROPOSED ZONING AND USE -RV Being a 9.16 acre tract (398821.40 Sq. Ft.) of land lying within the Corporate City Limits of Corpus Christi, Nueces County Texas, out of the E Villareal Survey being a portion of Lot 1, Block 2, batch Tract es shown on the map or plat thereof recorded in Volume 47, Page 98, Map Records Nueces County Texas an being all ofa called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC u recorded under Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion ofa called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded tinder Document No, 201401834 Official Public Records, Nueces County, Texas and being a portion ofa called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas and being more fully described by metes and bounds as follows: BEGINNING at a Found 1 inch steel pipe at the southeast corner of said Lot 1, Block 2, Hatch Tract and the southeast corner of this herein described tract from whence a Found 1 inch steel pipe in the south right- of-way line of Up River Road, at the northeast corner of said Lot 1 bears N 01°39'28" W a distance of 1162.80 feet; THENCE: S 88-.20'14" W with the south line of said Lot I and the south line of this herein described tract, a distance of 544.17 feet to a Found 5/8 inch steel rebar for the southwest comer of said Lot 1 and the southwest comer of this herein described tract; THENCE: N 02°05'21" W with the common west line of said Lot 1 and this herein described tract, a distance 236.88 feet to a Found 1 inch steel pipe in the at the southwest corner of said 2.00 acre tract for an angle point in the west line of this herein described tract; THENCE: N 0I°35'52" W with the common west line of said 2.00 acre tract and this herein described tract, a distance of 621.17 feet to a Found 1 inch steel pipe for the northwest comer of said 2,00 acre tract and this herein described tract; THENCE N 88°24'57" E with the north line of said 2.00 acre tract and this herein described tract passing Found 5/8 inch steel rebar at the northeast corner of said 2.00 acre tract at a distance of 134.49 feet and continuing across and into the said 1.681 acre tract for a total distance of 267.29 feet to a point in the common line of the said 1.681 acre tract and the said 1.13 acre for an interior ell comer in the north line of this herein described tract; THENCE: N 01°42'35" W with the common line of the same a distance of 68.49 feet to a point; THENCE: N 88°11'46" E across said 1.31 acre tract a distance of 94.51 feet to a point in the upper west line of said Lot 1 for the most northeast corner of this herein described tract, THENCE: S 02°00' 18" E with the common line of said Lot 1, said 131 acre tract and this herein described tract a distance of224.91 feet to a point; THENCE: across end in said Lot 1 the following courses and distances: 1) N 86°32'32" E a distance of 78.18 feet to a point for a comer; 2) S 03°33'01" E a distance of 257.34 feet to a point for a comer; 3) S 12°35'54" W a distance of 262.13 feet to a point for a comer, 4) S 88°56'21" E s distance of 115.99 feet to a point for a corner; 5) N 0294'19" W a distance of 245.72 feet to a point for a comes; 6) N 8097'20" E a distance of47.21 fat to a point for a comer in the cast line of said Lot 1; THENCE: S 0I039'28" E with cast line of said lot 1 and this herein described tracta distance of439.49 feet to the POINT OF BEGINNING and containing 9.16 acres (398821.40 Sq. FL) of land more or less. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NADU TEXAS SOUTH ZONE THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND 1S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. June 25, 2015 150518F14 -.doe Joe B. Crosby Registered Professional Land Surveyor Number 5566 16(63( 3525 S. STAPLES ST. SUITE 82- CORPUSCHRJST1. TEXAS 78411- PHONE 361493-2935 -FAX JAI -993493S x Eng Ia 1142 t4 �o 499. ♦ N88'2s4'57"E 'w' 267.29' 411 SCALE 1." = 200' N n u ei ggW rig 942 to do EXHIBIT "B" __/\1-43* CURRENT ZONING AND W USE—RS-8 PROPOSED ZONING AND USE—RV 9 m t]r LOT 1. BLOCK 2 HATCH TRACT VOLUME 47. PAGE 98 IA.R.H.C.T. TOTAL 9.16 Acres. Q- 398821.40 Sq.ft. Qa CEIAENIERRYY HOLY CR Q fpi 15 CURRENT ZONING AND USE—R191 PROPOSED ZONING AND USE—RV 588'2014"W HOUSTON COPART SALVAGE AUTO AUCTIONS LAUD PARTNERSHIP CALLED 8.37AC. DOCS 20020292-62 0.PJLN.C.T. 544.17' HIRSCH GOLDSTEIN TRACT CALLED 4.539AC. VOLUME 1494. PAGE 351-353 D.R.N.C,T. I, JOSEPH B. CROSBY, A REGISTERED PROFESSIONAL LAND SURVEYOR, THAT THIS SURVEY REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS, THIS THE 14th DAY OF JUNE 25, 2015. JOSEPH B. CROSBY REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE No. 5565 (N to IJ m so to, CARRIAGE CEMENTERY SERV. ROSE HILL PARK CEAIENTERY DOC.1I9990139-48 O.P.R.N.C.T. L1 N1'42'35"W 68.49' L2 N8811'46"E 94.51' L3 N86'32'32'E _ 78.18' L4 51215'54'W 262.13' L5 , 588'56'21'Z 115.99' L6 N214'19'W 245.72' L7 N8017'20"E 47.21' 9.16 ACRE TRACT Being a 9.16 acre tract (398821.40 Sq. Ft) ofland Tying within the Corporate City Limits of Corpus Christi, Nueces County Texas, out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract as shown on the map or plat thereof recorded in Volume 47, Page 98, Map Records Nueces County Texas an being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion ofa called 1.13 acre Tract conveyed to Jahn A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas. TEXAS GEO TECH ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi. TX 78411 (381) 993-0808 Fax (351) 993-2958 DATE: JUNE 25, 2015 DRAWN: RC SCALE: 1" — 200' JOB NUMBER: 150518—Z APPROVED: JBC SURVEY: RC & BP 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 incaoacidades, que tienen la intention de asistir a esta junta y que reauieren servicios especiales. se les suplica que den aviso 48 horas antes de la junta Ilamando al denartamento de servicios de desarrollo, al niumero (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 inoles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al Humero (361) 826-3240 al menos 48 horas- S -de la junta para solicitor— un interprete ser Dresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0815-04 SEP 0 3 2015 DEVELOPMENT SERVICES Cheryl McLaughlin and Hatch, LLC has petitioned the City of Corpus Christi to consider ill "RMH" Manufactured Home District and the "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District, for expansion of an existing recreational vehicle park. The property to be rezoned is described as: Being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 appilcant or appellant concerning an application or appeal, either at home or office, or Inperson, by telephone call or by letter. Printed Name: Address: 3 1 I L)-€4,- Parch (1IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000046 #30, 36, 37 CitylState: ,Q f,,1 CIA.Aim ,. Phone: 6Z-1 O 'J (SSS Case No. 0815-04 Project Manager: Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 Ms. Cheryl McLaughlin 8 Hatch, LLC Property Owner 3101 Up River Road CORPUS CHRISTI, TX 78408 RS -6 ‘ 0 R S -6 . ti eillir :1. . 4' 1 1111 1 mil 1 ! 1" mu if CASE: 0815-04 SUBJECT PROPERTY WITH ZONING ® Subject Property RIO 1 1Rbdamily 1 RM -2 Moklhmly 2 R613 MURllamly 2 ON Professional 011ie. MAT MURY.mIy AT CN -1 Neighborhood C.mmelelsl CN4 Nelehb.rhood C.mnuelal CR • I Reser Commercial CR•2 CO 1 Coo CI e1D CR4 FR H IP Relied CPmmerolei General Comm+rt .1 General Commercial Inlfnales Cammereut Dawm.wn Comm.r.l.l Reser Commercial Fenn Rural Hlelane Oreray emMes Pam IL Light Industrial 01 Heavy Indufld.l PUD Planned Unit Der. overlay O e410 gl.i mly 1U RSd {matt -Foody e 03-4.e IbuidoFamly4-d R3 -TP Tee-Famiy O 340 binpl.•F.mly 17 RB Residential Estate p$.T$ Trwmhouse SP 3peclel Permit Ry Bernath:AN delude Parr RMH aInuiaod.ed Home eft Dar. Cele*, 1137013 Pimps red By/ersmym Deparmsnf or Derelopm.nl 3errkes 4J LOCATION MAP( NF Y BOWS 00.486 iG 28 2015 ODE 78412 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 incanacidades, aue tienen la intencion de asistir a esta junta v que requieren servicios esoeciales. se les suolica oue 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 dirioirse a Ia commission durante la iunta v su inoles es limitedo, favor de !lamer al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0815-04 SEP 0 3 2615 Cheryl McLaughlin and Hatch, LLC has petitioned the City of Corpus Christi to consider a l � p oning frorfi W CES "RMH" Manufactured Home District and the "RS -6" Single -Family 6 District to the "RY r ationalEVeliicle5 Park District, for expansion of an existing recreational vehicle park. The property to be oned-is-described as: Being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 oflige, or inperson, by telephone call or by letter. Printed Name: Address: ( ) IN FAVOR REA ON: r ( OPPOSITION SEE MAP ON REVERSE SIDE Property Owner ID: 24 HTE# 15-10000046 /:, 4-71 NMI P 1 CitylState: Phone: Signatu Case No. 0815-04 Project Manager: Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 24 329500020070 GARZA G RUDOLPH JR 8 1DOLINA RAMOS JIMENIZ 3305 UP RIVER ROAD CORPUS CHRISTI, TX 78408 +� ® PtINTV HOWLS 02 1M $ 00.485 0004287110 AUG28 2015 MAILED FROM ZIP CODE 7841 2 RS GRANADA SI tea REIIW04D OR — FA A/ /rK SUBJECT PROPER/TY RV '0 0 / //A 400 RS.5 Dern Cameo 1137010 prapatad By j.mrrym Dep.11m.n101 Development Semh:e. CASE: 0815-04 SUBJECT PROPERTY WITH ZONING Subject Property RUT esuRaamIy 1 RIA•7 laett1famly 2 Res -1 1M11t0emly 3 qµ Praesaaes0el OM* MAT I.h1Rllamly AT CN.1 N.Iyhborh000 Cenamenclel CN 7 Igryhbmhoad Cemmer0Nl CR •1 Re.ori Commercial CR3 Resort Commences! CCI=1 General Commercial CD•2 General Commercial CI Intens we Commercial O 10 Downtown Commercial CR 3 Resort Comme0011 FR Farm Rural N 0105Orte Crtlay BP 001.101. Part IL Light Industrial M leeany hW,fHtal PUD Rand Unit Der. overlay 115-10 610411-Fendy 10 O 04 IInyO.FamIy 4 03.00 tlnyl..Famlya.F RS -TF Two -Family 1115-15 3lnyle.FamI1y 15 RE Re.1OrnUL1 Eitale RS-TH To-nhoe e Sp Sp/refill Permit RV Recreational VeI-OM part RYH Rlanolactured Ham. a R L LOCATION MAP Corpus Christi Aerial Overview �•'NTELOPE1 T FM KM X624 rym FM 7074 r v /H3, U 5v�9� CR 44 CR 40 Y -60,51,0 �IPkNVicinity CR 40 CR 36 A M^tYM v Map FM 2826 ^ ^ PEAR a pQ�60 C,125 M � � U F�' CR 24 FM 665 ,� FM 2444 m S' �+ "' O FL?. CR 16 g z 05o QQ" GR 74 FM 43 y °'F,14, 1 Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2015 Second Reading for the City Council Meeting of October 27, 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 and First Reading for Property at 15205 Northwest Boulevard. CAPTION: Case No. 0915-01 Al Development, Inc.: A change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. The property is described as being a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889. PURPOSE: The purpose of this item is to rezone the property to allow construction of an apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant proposes a 160 -unit gated apartment complex. Sufficient street capacity exists to handle the traffic generated from the proposed apartment complex. While much of the area is vacant and much more traffic will be generated from future full development, the impact to the street system from the increase in development density will be mitigated by several factors per the attached report. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the City's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood ALTERNATIVES: 1. 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 (ADP). The proposed rezoning to the "RM -1" Multifamily District is not consistent with the Northwest Future Land Use map's designation of the property as low density residential but is consistent with a several important goals of the city such as infill development and land use compatibility. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 1111t 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 Al Development, Inc. ("Owner") by changing the UDC Zoning Map in reference to a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, from the "RS -6" Single - Family 6 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 Al Development, Inc. ("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 "RM -1" Multifamily 1 District, and on Tuesday, October 20, 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 Al Development, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889 (the "Property"), from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; (Zoning Map No. 069050), resulting in a change to the Future Land Use Map from low density residential uses to medium density residential 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_0915-01 Al Development, Inc. 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_0915-01 Al Development, Inc. Page 3 of 3 LEGAL DESCRIPTION 14.25 ACRE TRACT A 14.25 ACRE TRACT OF LAND OUT OF A 91.594 ACRE TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 2012050691, DEED RECORDS, NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING at a found 5/8 inch iron rod for the northwest corner of said 91.594 acre tract, and for the northwest corner of the herein described tract; THENCE South 84°54'22" East, with the north line of said 91.594 acre tract, a distance of 1134.59 feet, for a corner of the herein described tract; THENCE South 09°04'48" West, a distance of 568.97 feet to a calculated point for the southeast corner of the herein described tract; THENCE North 81°12'35" West, a distance of 105.63 feet to a calculated point for a corner of the herein described tract; THENCE North 67°38'14" West, a distance of 79.30 feet to a calculated point for a corner of the herein described tract; THENCE North 62°01'05" West, a distance of 70.52 feet to a calculated point for a corner of the herein described tract; THENCE South 75°01'04" West, a distance of 145.62 feet to a calculated point for a corner of the herein described tract; THENCE North 84°54'22" West, a distance of 139.97 feet to a calculated point for a corner of the herein described tract; THENCE North 46°52' 11" West, a distance of 60.56 feet to a calculated point for a corner of the herein described tract; THENCE North 84°54'22" West, a distance of 153.62 feet to a calculated point for a corner of the herein described tract; THENCE South 57°03'13" West, a distance of 60.56 feet to a calculated point for a corner of the herein described tract; THENCE North 84°54'22" West, a distance of 359.35 feet to a calculated point for a corner of the herein described tract; S:\9031\REZQNING PARCEL -14.25 Acre ParceLdocx EXHIBIT "A" Page 1 of 2 THENCE North 08°47'25" East, with west line of said 91.594 acre tract, a distance of 560.98 feet to the POINT OF BEGINNING and containing 14.25 acres of land. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS PLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). o )\( Nru, Stacey King}Meda, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS#100395-00 Date Ra4c, 0, (')15' S:\9031\REZONING PARCEL -14.25 Acre Parcel.docx EXHIBIT "A" Page 2 of 2 A.. 1I8IHX3 NOTICE: FOR PERMITTING PURPOSES ONLY, NOT FOR BIDDING OR CONSTRUCTION Mu98 Z1. 01,9N 1ZS"OL MSO h V0 29N FR N8° 47 25"E 560.98' 32Z ij79 018S 0) CO twN*No 11N8N-t't CU Gz z--1 z G) GA781S3MHI ION N 3 01 0 S9° 04' 48"W 568.97' RS -4.5 MINaismithEngineering,Inc ARCHITECTURE®ENGINEERING ■ ENVIRONMENTAL USURVEYING TAAE F135538TBPE F3558TBPG F500171ITBPLS F-100395.00 4501 GOLLIHAR ROAD 4815 BRAZOS, 50118 300 789 E. WASHINGTON ST 405 W POWER AVE. CORPUS CHRIST/, TX 78411 AUSTIN, TX 78701 BROWNSVILLE, 1X 78520 VICTORIA, TX 77901 (361) 814 - 9900 (512) 708 - 9322 (956) 541-1155 (361) 894 - 7488 NAISMIfH-ENGINE? 0ING.COM EXHIBIT "B" ZONING CHANGE AREA DRAWN EY: JA CHECKED 9Y: SKM APPRCYFDBY: SKM NOTED DAmPROJDGrM)LtDa 03/20)5I 9031-03 PEASKKt CITY OF CORPUS CHRISTI, TEXAS I SHEET 1 OF 1 PLANNING COMMISSION FINAL REPORT Case No. 0915-01 HTE No. 15-10000019 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Ilncrrinfinn Representative: Naismith Engineering, Inc. Owner: Al Development, Inc. Legal Description/Location: Being a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889. Zoning Request From: "RS -6" Single -Family 6 District To: "RM -1" Multifamily 1 District Area: 14.25 acres Purpose of Request: To allow construction of an apartment complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single- Family 6 Vacant Low Density Residential North "CG -2" General Commercial Vacant Commercial South "RS -6" Single- Family 6 Vacant Low Density Residential East "RS -4.5" Single- Family 4.5 Vacant Low Density Residential West "FR" Farm Rural Vacant Medium and Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan or the Northwest Area Development Plan. Map No.: 069050 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located approximately 260 feet south of Northwest Boulevard, which is an "A3" Primary Arterial Divided street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportatio n Plan Type Proposed Section Existing Section Traffic Volume (2013) Northwest Boulevard "A3" Primary Arterial Divided 130' ROW 79' paved 140' ROW 90' paved 14,113 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District to allow the construction of an apartment complex. Development Plan: The applicant is proposing a 160 unit gated apartment complex consisting of 20 buildings with eight units each. Access to the site will initially be from an abutting CG -2 zoned property fronting on Northwest Boulevard. The Unified Development Code requires a 20 -foot street yard setback (same for the "CG -2" and "RM -1" Districts). Minimum side and rear yards of 10 -feet are required. However, any multi -family building must be setback from the abutting "RS -4.5" and "RS -6" Districts at a ratio of 1:2 or two -foot of setback for each foot of building height where abutting RS Districts. Maximum height of the "RM -1" District is 45 feet except if the development has 40% or more in non -vehicular open space then there is no height limit. Existing Land Uses & Zoning: The subject property and all adjacent properties are vacant. The property to the north is zoned "CG -2" General Commercial, the subject property and property to the south is zoned "RS -6" Single -Family 6 Residential, property to the east is zoned "RS 4.5" Single -Family 4.5, and to the west is "FR" Farm Rural zoning. 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 Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multifamily District is not consistent with the Northwest Future Land Use map's designation of the property as low density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - The Corpus Christi Policy Statements suggest multifamily use as a good buffer use between commercial (along Northwest Blvd.) and areas designated for low density residential uses south of the subject property. The proposed rezoning is consistent with this buffer concept illustrated in the Corpus Christi Policy Statements. - The setback requirements of the Unified Development Code are generally sufficient to mitigate most incompatibilities between the adjacent future single- family residential areas and the proposed apartment complex. Planning Commission Final Report Page 3 - The area was annexed into the city in 1995 and has remained undeveloped. A goal of the city is to encourage infill development and the proposed development is consistent with this goal. Locating multifamily uses near commercial services creates opportunities for walking or biking to nearby services, thereby reducing the number of vehicles on city streets. - The change of zoning will not impact any existing and abutting single-family development. Plat Status: The subject property is not platted and must be platted prior to issuance of any building permits. Department Comments: • The proposed rezoning deviates from the Future Land Use plan map but is consistent with a several important goals of the city. o Encourage infill development; o Encourage land use compatibility. • Sufficient street capacity exists to handle the traffic generated from the proposed apartment complex. The proposed development for 160 apartment units at 11 units per acre is estimated to generate 1,064 trips per day. At the "RM -1" District maximum density of 22 units per acre the site could be developed with 313 apartment units and generate an estimated 2,084 trips per day. • While much of the area is vacant and much more traffic will be generated from future full development, the impact to the street system from the increase in development density will be mitigated by: o Development of the arterial and collector street grid in accordance with the Urban Transportation Plan. Currently, the arterial and collector grid network is only partially developed or non-existent in the area. o The likely continuation of pockets of large lot rural very low density and low traffic generating developments in the area. • A staff concern for an apartment project of this magnitude is the single point of access to a single street, Northwest Boulevard. While the city does not have a requirement or standard for multiple points of access in the Unified Development Code, a "best practice" would be to have at least two points of access for large apartment complexes. While there is not presently two streets to connect to, the design of the project could allow for a future connection as the property owner owns much of the surrounding land areas. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 5 within 200 -foot notification area 5 outside notification area As of September 28, 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. Public Comments Received (If Any) 3. Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-01 Al Development\PC Documents\Report for PC_0915-01 Al Development, Inc..docx N FR 0 2 U m M M CG -2 O W RIVERVIEW DR ti N N NORTHWEST BLVD SUBJECT PROPERTY 400 800 Feet N RS -4.5 W Date Created: 8/12/2015 Prepared By: LARRYF Department of Development Services CASE: 0915-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY FMr64� 111114 City of Corpus Christi 10000011 CITY OP CORPUS CHRISTI DEVELOPMENT SERVICES P,O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Location: City Hall Council Chambers,1201 Leopard Street at 5:30 p.m. Located at 2406 Leopard Street G *A maximum of flue applications are scheduled per hearing. Applications received after the five (Comer of Leopard Street and Port Avenue) rrrar}nun will be scheduled to the next available meet, . APPLICATION FOR A CHANGE OF ZONING Case No.: 0915-01 Map No.: 069050 *Planning Commission Hearing Date: 9/9/15 I. Applicant/Representative: Naismith Engineering, Inc. Telephone: ( 361 ) 814 - 9900 Address (City, State, Zip): 4501 Gollihar Road, Corpus Christi, Texas 78411 E-mail Address: Cell Phone: (NIA ) 2. Property Owner(s): Al Develo ment, Inc. Telephone: (N/A ) Address (City, State, Zip): 24 W Bar Le Doc Drive, Corpus Christi, Texas 78414 E-mail Address: Cell Phone: (361 ) 510 - 5432 Ownership Type: El Sole ❑Partnership QCorpotation ❑Other:. 3. Current Zoning and Use: RS -6 Proposed Zoning and Use: RM -1 Project Address: 15205 Northwest Blvd I2 -Digit Nueces County Tax ID: 4 9 6 3- 0 0 0 0- 4 0 0 2 If platted, Subdivision Name: Block: Lot(s): Legal description: Mcintvre Partition 91.594 acres out of tract 4 Area of Request (sq. ft./acres):14.25 Ac. 4. DOCUMENTS ATTACHED REQUIRED: QLand Use Statement ODiscIosure of Interest 0 Copy of Warranty Deed IF APPLICABLE:DExecuted Appointment of Agent Q Metes and bounds if request is fora portion of a platted lot or an unplaticd lot 1 certify,lhat the information provided is accurate, correct and signed b a14 owners. C1-9 �vner's Signature) Alireza Mostaghasi (Owner's Printed Name) Applicant's Signature) Thomas B. Tiffin, P.E. (Applicant's Printed Nnmc) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November I, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres S 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 K:SDEVELOPMENTSVCSISRAREDILANDDEVELOPMENTORD11VANCFADMIN1STRATIONhAPPLICATION FORMSIFORMS AS PER iEDALLa121ZON1Nl3 APPLICATION 2012AOC Office Use Only Date Received: Received By: Application Fee: 1 q -J (v • 75 No. Signs Required 1 X $10 Sign Fee: 1 c)- n 0 Total: j elSG •75 Sign Posting Date: 8/28/15 ADP: NW Form Revised 8/24/12 Rcv� 3/r/s CITY CIF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard 5t LAND USE STATEMENT Complete land use statement form containing the following information: 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 buildings)/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 intended use will be for a gated apartment complex consisting of 20 buildings with 8 units each, ranging from 1 to 3 bedrooms. The complex will also have amenities and a detention pond. 2. Identify the existing land uses adjoining the area of request: North - CG -2 South - RS -6 East - RS -4.5 West - FR K \DEVELOPMENTSVCS'SHAREDILAND DE VELOPMLNI1ORDlNANc'E ADMINISTRATIMAPPLICATION PORMSFORMS AS PER LEGALILAND USE STATEMENT FOIL ZONING.DOC • .• ' City of Corpus = Christi lowsolartmitarlo DISCLOSURE OF INTERESTS City tar Carpus Christi, Texas Department of Dcveloprncnt Service P.D. Box 4277 Corpus Christi, Tares 78469.9277 (361) /326-3240 Located at 2406 Leopard Street (Comer of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Al Development, Inc. STREET: 24 W Bar Le Doc Drive CIN: Corpus Christi, Texas ZIP: 78414 FIRM is: In Corporation 0 Partnership 0 Sole Owner ❑ Association 0 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) nla nla 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 nla nla 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee n/a n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name 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 requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Alireza Mostaghasi Title: Owner (Print) Signature of Certifying Person: 1 Date: KMEYELOPMENTSVCSISHARLE RLAND DEVELOPMENrtiORDINANCE AIMINISTRATTDIMPl'LICAT.ON FORMSIFORAIS AS PER LCGAL4OE21D1SCLOSURE OF INTERESTS STATEMENTI27 I2.DOC `....tio. City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O, Box 9277 Corpus Christi, Texas 78469-9277 (361)826.3240 Located al: 2406 Leopard Street (Comer of Leopard St. and Port Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Naismith Engineering, Inc. STREET: 4501 Gollihar Rd. CITY: Corpus Christi Zip: 78411 FIRM is: 0 Corporation ❑ Partnership ❑ Sole Owner ❑ Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Job Title and City Department (if known) n/a n/a 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title n/a n/a 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee n/a n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant n/a n/a CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Thomas B. Tiffin, P.E.Title: Engineer (Print) Signature of Certifying Person: Date: 3/ z4720l KSDEVELOPMENTSVCSLSHAREDII.AND DEVELOPMENPORDINANN ADMINISTRATIONIAPPLICATION FORMS\FORMS AS PER LEGAL120I25DISCLOSURE OF INTERESTS STATEME4111T 12,DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 wu w cctcxas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A,M. or P.M.) trips (UDC Section 329.4). Property Address: 15205 Northwest Blvd Legal Description (Subdivision, Lot, Block): Mcntyre Partition 91 594 acres out of Tract 4 Applicant Name: Al Development Inc. Address: 24 W Bar Le Doc Drive City/StatelZip: Corpus Chtisti, Texas 78414 Telephone: Email: Application Status (Select One): 0 Rezoning _❑ Site P1anjStreet Closure Existing Land Use Tract Acres Building (SF) Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M, Trips 14.25 0 RS -6 Vacant - - - - - 14.25 160 UNITS RM -1 Multi -Family 220 0.55 88.00 0.67 107.20 4. Proposed Land Use Tract Acres Building (SF) Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 14.25 160 UNITS RM -1 Multi -Family 220 0.55 88.00 0.67 107.20 4. Total 88.00 Total 107.20 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Northwest Blvd (FM 624) Yes 88.00 150.00 For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with ®the City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not nI exceed the established threshold. I The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date. Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project CHANGES 11. the proposed project will require a new TIA determination 14 be made, Aerial Overview SH 44 AGNES ST 1 Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2105 Second Reading for the City Council Meeting of October 27, 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 and First Reading for Property at 1528, 1536, 1548, and 1604 Rhew Road. CAPTION: Case No. 0915-02 D.L. Johnson: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit, not resulting in a change to the Future Land Use Map. The property is described as Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. PURPOSE: The purpose of this item is to rezone the property to allow a concrete batching plant. RECOMMENDATION: Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to the following nine conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment, and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust needs to be controlled at both the operation of the batch plant and the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. It is essential that lighting not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed as per the UDC. 5. Screening and Buffering: Screening and buffering shall be as stipulated in the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. 8. Hours of Operation: Operations of the concrete batch plant are limited between 4:00 A.M. and 6:00 P.M. 9. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. BACKGROUND AND FINDINGS: As detailed in the attached report, 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 a heavy industrial use. Heavy industrial uses are permitted in the "IL" Light Industrial district with a Special Permit. The Unified Development Code sets forth review criteria for special use permits and staff believes the proposed use is appropriate at this location given the "IL" Industrial District designation of the subject property. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the City's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. 2. Amend the conditions of the Special Permit. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for a temporary concrete batch plant is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Map's designation of the property as light industrial. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital fig 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 D.L. Johnson ("Owner"), by changing the UDC Zoning Map in reference to Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, 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 D.L. Johnson ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 9, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested the "IL/SP" Light Industrial District with a Special Permit, and on Tuesday, October 20, 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 D.L. Johnson ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit (Zoning Map No. 056046), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a map of the Property and Exhibit "B", which is a site plan for the Property, 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 meeting the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment, and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust needs to be controlled at both the operation of the batch plant and the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. It is essential that lighting not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed as per the UDC. 5. Screening and Buffering: Screening and buffering shall be as stipulated in the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. 8. Hours of Operation: Operations of the concrete batch plant are limited between 4:00 A.M. and 6:00 P.M. 9. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal 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. 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 SP_0915-02 D.L. Johnson Page 3 of 3 IL SUBJECT PROPERTY IL IL 2 -i rn W rt 400 800 Feet RMH Date Created: 8/25/2015 Prepared By: LarryF Dzpartment1otiDevelopmeentnSertrice-8= CASE: 0915-02 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 SUBJECT PROPERTY AGNES LOCATION MAP ( Cityf —\\ Corpus Christi EXHIBIT "A" \\ME001\Mon\Munoz Engineering\Projects\Highway Barricades\15DL078 Rhew Rd Lots Zoning Change\Drawings\Civil\CI—PROPOSED SITE LAYOUT.dwg c PRO ECT LOCATION 5/8 IRON R00 B&W ENG. CAP POINT OF BEGINNIN EXISTING POWER POLE 7.5 UTILITY EASEMENT VG:. 67, PG 173-174 M R N.C.1 EXISTING RCP DL JOHNSON RHEW INDUSTRIAL TRACTS UNIT 1 BLKS 1-4 VOL 67. PG 173-174 M.R.N.C.T. DOC NO. 2008054982 0.P.R.N.C.T. T EXISTNG PROPANE TANK x UIPOP OF CONCRETE PAD LOT 1 PL PL — SET 5/8" !RCN ROD .RPLS .`SS6. CAP 12.5' PRIVATE DRAINAGE EASEMENT VOL 67. PC 173-174 M.F.N.C.T. EXISPNG TRALER VICINITY MAP SCALE: NTS EXISTING CL DITCH EXISTING POWER POLE PL EXISTING RCP EXIST:NG TREE EXISTING CHNNUNK FENCE (TTP) EXIST:NG CONC RE IE PAD EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING POWER POLE EXISTING RCP Iv O' n p? / � DL JOHNSON x RHEW INDUSTRIAL TRACTS UNIT 1 BLKS 5-8 'VOL 67, PC 173-174 M.R.N.C.T. DOC NO. 2014028427 0.P.R.N.C.T. P1 LDI 5 EXISTING POWER PCLE 5/8' IRON ROD B&W ENG CAP PROPOSED PORTABLE READY MIX PLANT 15' UTILITY FISEMENT VOL 67, PC 173-174 M.R.N.C.T. LO1 7 esrEXISTING ELECTRICAL JUNCTION BOX EXISTING POWER POLE. EXISTING TREES TO BE REMOVED 5/8' IRON ROD 8&W ENG. CAP N 1 PROPOSED SITE LAYOUT J SCALE: I" = 60' 60 0 60 120 SCALE: 1" = 60' NOTES & LEGEND: I. THE AMOUNT OF CONCRETE PRODUCED BY THE TEMPORARY BATCH PLANT IN AN 8 HOUR DAY WILL BE APPROXIMATELY 500 CUBIC YARDS WITH A TOTAL OF 50 TRUCKS PER DAY. 2. THE TEMPORARY BATCH PLANT WILL CONSIST OF A MAXIMUM OF 10 EMPLOYEES DURING NORMAL OPERATING HOURS. X PL OHE RCP 4 t PROP 7' CONC PAVEMENT EXIST ASPHALT PAVEMENT EXIST CONCRETE SIDEWALK EXIST CHNNLINK FENCE EXIST PROPERTY UNE EXIST OVEREHEAD POWER UNE EXIST RCP EXIST CL DITCH EXIST TREE EXIST FIRE HYDRANT EXIST WATER METER EXIST POWER POLE 5/8" IRON RO0 B&W ENG CAP EXIST LIGHT POLE EXIST ELECTRICAL JUNCTION BOX N Z 0 U) w s 0 8 z 0 Id W a 0 z z cc x 0 cc c 0 MUNOZ ENGINEERING THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF RAMIRO MUNOZ III P.E. #100346 ON 06/17/15 IT IS NOT TO BE USED FOR ANY OTHER PURPOSE. RHEW INDUSTRIAL TRACTS RHEW ROAD, CORPUS CHRISTI, TX 78409 0 >5 W VJ 0 w 0 0 CC 0 JOB NO. 1 DL C1 EXHIBIT "B.. PLANNING COMMISSION FINAL REPORT Case No. 0915-02 HTE No. 15-10000047 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Description Applicant/Property Owner: D.L. Johnson Legal Description/Location: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit Area: 4.23 acres Purpose of Request: To allow for a temporary concrete batch plant which is a heavy industrial use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Light Industrial North "IL" Light Industrial Light Industrial Light Industrial South "IL" Light Industrial Vacant Light Industrial East "IL" Light Industrial Vacant Light Industrial West "IL" Light Industrial Vacant Light Industrial ADP, Map & Violations Area Development Plan: The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit remains consistent with the adopted Future Land Use Plan and the Port/Airport/Violet Area Development Plan. Map No.: 056046 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 400 feet of frontage on Rhew Road, which is a "C3" Primary Collector street. Planning Commission Final Report Page 2 • a L o E N Ii Street Urban Transportatio n Plan Type Proposed Section Existing Section Traffic Volume Rhew RoadCollector "C3" Primary 75' ROW 50' paved 45' ROW 20' 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 a concrete batch plant. A concrete batch plant is considered a heavy industrial use. Heavy industrial uses are permitted in the "IL" Light Industrial district with a Special Permit. Development Plan: The applicant proposes to operate a concrete batch plant on the subject property. The equipment at the concrete batch plant is approximately 54 feet in height and is portable equipment. The amount of concrete expected to be produced in an eight-hour day is no more than 600 cubic yards with a total of 50 truck trips per day. The applicant indicates the normal hours of operation are from 6:00 A.M. to 4:00 P.M. Existing Land Uses & Zoning: The properties in the immediate vicinity of the subject lots to the north, south, east, and west of the subject property are all zoned "IL" Light Industrial. All the properties are vacant with the exception of the property to the north, which is developed with light industrial uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). However, the site is near Corpus Christi International Airport runway approaches. Plat Status: The subject property is comprised of four (4) platted lots Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for a temporary concrete batch plant is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Plan's designation of the property as light industrial. The Unified Development Code: The UDC Table 4.6.2 Permitted Uses (Industrial districts) permits Heavy Industrial Uses with a Special Permit. UDC Section 5.1.5.E. Heavy Industrial Uses classifies concrete batch plants as a heavy industrial use. Unified Development Code Special Permit Review Criteria: The Unified Development Code sets forth review criteria for special use permits. Review criteria applicable to this application are as follows: Planning Commission Final Report Page 3 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses permitted. 6. The use does conform in all other respect to regulations and standards in this Unified Development Code. 7. The development provides ample off-street parking and loading facilities. Department Comments: 1. A concrete batch plant is a heavy industrial use that the Unified Development Code allows in the "IL" Light Industrial District by Special Permit. A Special Permit is subject to limitations as deemed appropriate by the City Council. 2. The proposed use is appropriate at this location given the "IL" Industrial District designation of the subject property. 3. Residential uses exist approximately 1,300 feet away from the subject property and should not be negatively impacted by the proposed use. 4. The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. 5. The proposed use will meet a demand that exists from various construction projects throughout the City. 6. Permits from The Texas Commission on Environmental Quality (TCEQ) will ensure operations are conducted in an environmentally sound manner. 7. The site plan submitted is consistent with the criteria set forth in the Unified Development Code. 8. Airport operations are protected through the Special Permit conditions on time limit, dust, and lighting. Planning Commission and Staff Recommendation: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment, and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust needs to be controlled at both the operation of the batch plant and the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. It is essential that lighting not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed as per the UDC. Planning Commission Final Report Page 4 5. Screening and Buffering: Screening and buffering shall be as stipulated in the UDC 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. 8. Hours of Operation: Operations of the concrete batch plant are limited between 4:00 A.M. and 6:00 P.M. 9. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. Public Notification Number of Notices Mailed — 8 within 200 -foot notification area 1 outside notification area As of September 28, 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. Proposed Site Plan Layout 3. Concrete Batch Plant Schematic 4. Airport Hazard Map 5. Application 6. Returned Notices K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\0915-02 D.L. Johnson\Council Documents\Report for CC_0915-02 D.L. Johnson.docx t 8 •O11-2131Nt1H RMH Date Created: 8/25/2015 Prepared By: LartyF Dzpanment1ofiDeuelopmeentnServicE-gm 1 CL-ARKWQ00 SUBJECT PROPERTY AGNES LOCATION MAP ( City of Corpus Christi IL IL SUBJECT PROPERTY IL 400 IL 0 W ti N 2 5 4 1 • 3 • 7 800 ,Feet CASE: 0915-02 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 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 \\ME001\Mon\Munoz Engineering\Projects\Highway Barricades\15DL078 Rhew Rd Lots Zoning Change\Drawings\Civil\CI—PROPOSED SITE LAYOUT.dwg c PRO ECT LOCATION 5/8 IRON R00 B&W ENG. CAP POINT OF BEGINNIN EXISTING POWER POLE 7.5 UTILITY EASEMENT VG:. 67, PG 173-174 M R N.C.1 EXISTING RCP DL JOHNSON RHEW INDUSTRIAL TRACTS UNIT 1 BLKS 1-4 VOL 67. PG 173-174 M.R.N.C.T. DOC NO. 2008054982 0.P.R.N.C.T. T EXISTNG PROPANE TANK x UIPOP OF CONCRETE PAD LOT 1 PL PL — SET 5/8" !RCN ROD .RPLS .`SS6. CAP 12.5' PRIVATE DRAINAGE EASEMENT VOL 67. PC 173-174 M.F.N.C.T. EXISPNG TRALER VICINITY MAP SCALE: NTS EXISTING CL DITCH EXISTING POWER POLE PL EXISTING RCP EXIST:NG TREE EXISTING CHNNUNK FENCE (TTP) EXIST:NG CONC RE IE PAD EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING POWER POLE EXISTING RCP Iv O' n p? / � DL JOHNSON x RHEW INDUSTRIAL TRACTS UNIT 1 BLKS 5-8 'VOL 67, PC 173-174 M.R.N.C.T. DOC NO. 2014028427 0.P.R.N.C.T. P1 LDI 5 EXISTING POWER PCLE 5/8' IRON ROD B&W ENG CAP PROPOSED PORTABLE READY MIX PLANT 15' UTILITY FISEMENT VOL 67, PC 173-174 M.R.N.C.T. LO1 7 esrEXISTING ELECTRICAL JUNCTION BOX EXISTING POWER POLE. EXISTING TREES TO BE REMOVED 5/8' IRON ROD 8&W ENG. CAP N 1 PROPOSED SITE LAYOUT J SCALE: I" = 60' 60 0 60 120 SCALE: 1" = 60' NOTES & LEGEND: I. THE AMOUNT OF CONCRETE PRODUCED BY THE TEMPORARY BATCH PLANT IN AN 8 HOUR DAY WILL BE APPROXIMATELY 500 CUBIC YARDS WITH A TOTAL OF 50 TRUCKS PER DAY. 2. THE TEMPORARY BATCH PLANT WILL CONSIST OF A MAXIMUM OF 10 EMPLOYEES DURING NORMAL OPERATING HOURS. X PL OHE RCP 4 t PROP 7' CONC PAVEMENT EXIST ASPHALT PAVEMENT EXIST CONCRETE SIDEWALK EXIST CHNNLINK FENCE EXIST PROPERTY UNE EXIST OVEREHEAD POWER UNE EXIST RCP EXIST CL DITCH EXIST TREE EXIST FIRE HYDRANT EXIST WATER METER EXIST POWER POLE 5/8" IRON RO0 B&W ENG CAP EXIST LIGHT POLE EXIST ELECTRICAL JUNCTION BOX N Z 0 U) w s 0 8 z 0 Id W a 0 z z cc x 0 cc c 0 MUNOZ ENGINEERING THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF RAMIRO MUNOZ III P.E. #100346 ON 06/17/15 IT IS NOT TO BE USED FOR ANY OTHER PURPOSE. RHEW INDUSTRIAL TRACTS RHEW ROAD, CORPUS CHRISTI, TX 78409 0 >5 W VJ 0 w 0 0 CC 0 JOB NO. 1 DL C1 EXHIBIT "B.. NANCSiA1L AT SILO TOP 22.1- CCD 15°t 12..co cu FT) `102-5621 rf.TRIC TON) 2-C sPII S lO3 - MA -X CEI S?TELO J (457] -12) HIGH MIN LEVEL IMICATORS (2) WAN P03 PDXFTCP OUST COLLECTOR L/ I I SO" WIDE CATCH TRANSPE+3 BELT W/ 20 IP ORIVE RAILINGS AT TRP/I ER PLAT -GRN CACE3 LAOOCR rPC.. ooze //,-CPTICNAL 300 TCN EX7ENSIOI 53i HINGED SICFS (45 CU TO1 CB TCN AGGREGATE STCFAGE 4-COYPARTIEJfS IN LINE WIT++ ICO Tat ExTE' SI0 / I GS TON S-AAEAIdI ;I 1I -r a ,..... -- ?.... \ 'l -JI 12. 2i" (3..714) t r -ea" j 3aLkG7) CANE THRU CLEARANCE /f 4e0 v P0ti£R PANEL) 10 HO WATER POrP 3- MADDER WATER ItETER 30 IP 101131 PRESSURE AIR SYSTEN PLATPORN Is* Gi- (5.&4) 5a• Cnj' 1 IE -'6291 20• Pg - (6 2501 25• 2}" (73677) 02..V. 02_-- IB -fl -1I758 ) 014 fauz},) TX?•!I:Km:14. - ALL � yR.� :.cNTS RESERVER - ARCPCRT3 nr WISCONSIN 5310'. �. vlc-.1•c. M'Mvc': �'••• 7-I0I4 caw. R+.1 .. ° w••- TAR iIt l OWL 10,..Of I IF�K i_C. ro.o naCT9 al.snwf ycc ..11P /'H.nt nVD WOW. IAT . 605•1."' M. 110. 41.111 e 111.1111+111 • .0 enamor& • GENERAL ASSEM6LY LOGO 10 E.00 BPL- SILO 02Z-19-17 ,'i (a.aesi d I v 9 '.==? 10 J . A - �( CCD 15°t 12..co cu FT) `102-5621 rf.TRIC TON) 2-C sPII S lO3 - MA -X CEI S?TELO J (457] -12) HIGH MIN LEVEL IMICATORS (2) WAN P03 PDXFTCP OUST COLLECTOR L/ I I SO" WIDE CATCH TRANSPE+3 BELT W/ 20 IP ORIVE RAILINGS AT TRP/I ER PLAT -GRN CACE3 LAOOCR rPC.. ooze //,-CPTICNAL 300 TCN EX7ENSIOI 53i HINGED SICFS (45 CU TO1 CB TCN AGGREGATE STCFAGE 4-COYPARTIEJfS IN LINE WIT++ ICO Tat ExTE' SI0 / I GS TON S-AAEAIdI ;I 1I -r a ,..... -- ?.... \ 'l -JI 12. 2i" (3..714) t r -ea" j 3aLkG7) CANE THRU CLEARANCE /f 4e0 v P0ti£R PANEL) 10 HO WATER POrP 3- MADDER WATER ItETER 30 IP 101131 PRESSURE AIR SYSTEN PLATPORN Is* Gi- (5.&4) 5a• Cnj' 1 IE -'6291 20• Pg - (6 2501 25• 2}" (73677) 02..V. 02_-- IB -fl -1I758 ) 014 fauz},) TX?•!I:Km:14. - ALL � yR.� :.cNTS RESERVER - ARCPCRT3 nr WISCONSIN 5310'. �. vlc-.1•c. M'Mvc': �'••• 7-I0I4 caw. R+.1 .. ° w••- TAR iIt l OWL 10,..Of I IF�K i_C. ro.o naCT9 al.snwf ycc ..11P /'H.nt nVD WOW. IAT . 605•1."' M. 110. 41.111 e 111.1111+111 • .0 enamor& • GENERAL ASSEM6LY LOGO 10 E.00 BPL- SILO 02Z-19-17 ,'i .===\,C. ! ,-O vA _OIN or= mA!!11 I;--.i._�`. i,1 7RAvL CCNF! L.I-i=! !CN 70T4L ESTIMATED .010 T OF MAIN TRAILER 57.600 2 LL7PARSMEN' 3 L0 26.126 KILOGRAMS 53.600 SINOLE CEIPAHTIIENT SILO 24,257 KILOGRAMS 1 11111111 3-2 III.' Ii a 3113 } // 61'1T}' KINGPIN T7 414E CENTERLINE 116.6251 26.620. KING 12 06 KILOGRAMS PIN %EIGHT 67'6tE'' TOTAL LENGTH 30,060. AXLE 14,043 KILOGRAMS w£IGHT ti 37 144.451T [68.401 (26.675] 7 77 6C is 2223 7 (.77.60-1 / —L (41 3/3^ ANCHOR COLTS 9 (229.60] 142?s 4 228.60 175 (3614.74] (4445 001 15 130•.001 ANO•[A 075 186 iI592 261 1 9 [228.60; lama (3184 53] 14724 40] 02Z-'4. 749 13m675] 1 Q7J'10LNT1 AL ALL 1.104?5 HE62RYE13 - PHYfR T 0' 1[CJl©000 1 ! C BURLINGTON, vISCLI3S1N 53105 � s.tr,1•r 1..4 NA 3- Y- t w. sarg 2. =magi. TAR If;•[ 7'L DM SUL.61 SIC - CCM NO. 1.11CfS25 o A am .al SEC. 1.41.1.1 lt01fl 01.11i f 01,41 .liV u4.4 AW kF. Rd GENERAL ASSEMF,3LY LOGO 10 Bao SB_ SiLO _iZ- 6- .sem 0915-02 056046 9/9/15 Special Permit 1528, 1536, 1548 & 1604 Rhew Road 4.23 Lots 5,6,7 & 8, Block 1, Rhew Industrial Tracts Unit 1 4/20/15 1 PV 1692.50 10.00 1702.50 CITY OF CORPUS C} tRP 't`€ RVICES DEVELOPMENT P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 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. PURPOSE FOR LAND USE IS "HEAVY INDUSTRIAL" FOR THE CONSTRUCTION OF A TEMPORARY CONCRETE BATCH PLANT LOCATED ON LOTS 5,6,7 & 8, BLOCK 1, RHEW INDUSTRIAL TRACTS UNIT 1 WHICH ARE ZONED "IL" LIGHT INDUSTRIAL. 2. Identify the existing land uses adjoining the area of request: North - COMMERCIAL BUILDING FOR HIGHWAY BARRICADES - LIGHT INDUSTRIAL South - VACANT - LIGHT INDUSTRIAL East - VACANT - LIGHT INDUSTRIAL West - VACANT - LIGHT INDUSTRIAL K\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION \APPLICATION FORMS\FORMS AS PER LEGAL\LAND USE STATEMENT FOR ZONING.DOC g a $ 6 4 9 11 =-e o� 9 0 mg t r 121 C601.1.6=.117.1.=LT:=1 r, N 1 P 2 z r r m u • ' .1 s=.1-1,---... •Nir•_... i., „__( �I a r �1 \ m u MUNOZ ENGINEERING TBPE FIRM No. 12240 Practical Engineering Solutions April 15, 2015 City of Corpus Christi — Development Services 2406 Leopard, Suite No 100 Corpus Christi, TX 78408 Attn: Steven Rhea, Project Manager Re: Highway Barricades Zoning Change Authorized Agent This letter is to confirm that Ramiro Munoz III, PE of Munoz Engineering is an Authorized Agent regarding the above mentioned project and site. Ramiro Munoz III, PE will be our direct contact and will be answering and question regarding the said permit. DL Johnson, S; a Proprietor 3810 ANDREA LN * CORPUS CHRISTI, TX 78414 * (0) 361-946-4848 * (F) 361-265-0562 Subject property: Lots 5,6,7 and 8, Rhew Industrial Tract Unit 1, Nueces County Texas, being approximately 4.2303 acres. To Whom it may concern, As the lien holder of the above mentioned property I have no issue with a zoning usage change. Kathleen J Kirchberg 103 Duke Ln Portland, Texas 78374-1331 Phone 361-633-7744 City of WI Corpus E Christi. ttassawliamossiewoo DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Comer of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: SCJ/4 J7 khS0tr'` STREET: '7775 Leap av-d CITY: 00rfie ,s i`^ s71/ ZIP: 76 o7 FIRM is: ❑ Corporation ❑ Partnership 12'Sole Owner LI Association El 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 itle and City Department (if known) N/ fr/ 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 #011/4 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: __ 0 tA frt e �. Title: � 0 ,-er ('int) '1 Signature of Certifying Person: Date: `/ 7/ // 5 K\DEVELOPMENTSVCS\SHARED\LAND DEVELOPM NT\OR ANCE A TSTRATION\APPLICATION FORMS\FORMS AS PER LEGAL \2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC ..,0".00410000 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.0. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". in 9 Hi% P G r,;Ce .}t s -4- S r u> G-62 h i t..LL. O NAME: Di3/9 C70riut.c r,' ; eee'.z:„Ly fU' STREET7775 Le/op 54 CITY: Cdr us eI .3? : ZIP: 9( `7i l FIRM is: ❑ Corporation D 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) ,e/7 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 If 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 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:Ja i1 & `�' 3 tel " 04"‘ Title/f�t� ~ ( rint) Signature of Certifying Person: Date: .57(4.;t //s'" 1:.•DEVELOP\MCNTSVCS`SHAREDtLAND DEVELOP,MENTORDINANCE ADMINISTRAT APPLICATION IORMSSFORMS AS PER LEGAL\2012,DISCLOSUAE OF INTERESTS STATEMENT! 27 12 DOC Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact 1 the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades� que tienen is intencion de asistir a esta iunta v que requieren servicios especiales, se les suolica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (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 diricirse a la commission durante la iunta v su ingles es limitado, favor de Ilamar al de•artamerwto de servicios de desarrollo al numero 361 2 -3240 al nos 48 horas antes de la i'unta •ara solicit=r un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-02 SEP 03 2015 DEVELOPMENT SERVICES SPECIAL SERVICES D. L. Johnson has petitioned the City of Corpus Christi to consider a change of zoning from the "IL" Light Industrial District to the "MSP" Light Industrial District with a Special Permit for a Heavy Industrial use (concrete batch plant}, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit 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: Address: i l�c'erl IcA&'- 1 0 3 A tee_ IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 12 HTE# 15-10000047 Signature CitylState: Phone: 34P ( 4 3 3 7 7 V r Case No. 0915-02 Project Manager: Dolores Wood 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 le intenci6n de asistir a este junta y que requieren servicios especiales, se les suolica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al nilmero (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 junta v su irides es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de is junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-02 EDEHE SEP 0 3 Z015 DEVELOPMENT SERVICES D. L. Johnson has petitioned the City of Corpus Christi to consider a change of zo ing f)3i a eL"it'' i tilt, Industrial District to the "ILISP" Light Industrial District with a Special Permit oT as Heavy Industrial use (concrete batch plant), not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit 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 OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.C. 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: 01--r > -u,- gicechb-eri /O3 City/State: / -,d L 77C FAVOR ( ) IN OPPOSITION Phone: 36O/ (D 3 REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 11 HTE# 15-10000047 Signature Case No 0915-02 Project Manager: Dolores Wood 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, ue tienen Ia intencion de asistir a esta 'unta ue re•uieren - 'rvic1Qs 's•ecial=s s les su+lica •ue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios ie 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 dirioirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interbrete ser oresente durante Ia junta. --- - CITY PLANNING COMMISSION I PUBLIC HEARING NOTICE � SEP032.0151I Rezoning Case No. 0995-02 \DEVELCLSVCSOEMEt�-. ICESI � D. L. Johnson has petitioned the City of Corpus Christi to consider a change of zrrrtf-ie IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a Heavy Industrial use (concrete batch plant), not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit 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 OWNERS) 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: /37? !'-ems r gal Lil: 5 Address: / U -S Le- pIN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 5 HTE# 15-10000047 Signature City/State: / ae"-il"'"►di r /t Phone: 310 CP 3577 V I( Case No. 0915-02 Project Manager: Dolores Wood 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, clue tienen la intencion de asistir a esta iunta v clue recluieren servicios especiales, se les suplica clue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al ntimero (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 diriairse a la commission durante la junta v su Ingres es limitado, favor de Ilamar al_ un ni4 n ir? ti. \ I depat aprete semento seselme durante la Ictade desarrollo l nurnero_ 0611826-3240 al menos 4 hqras an dela iunta para solicit CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-02 EP 0 3 2015 s ivicEs !� DEVS 1A vIcE5 D. L. Johnson has petitioned the City of Corpus Christi to consider a change of zoning from the "IL" Light Industrial District to the "ILISP" Light Industrial District with a Special Permit for a Heavy Industrial use (concrete batch plant), not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit 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 75469-9277. 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: #1111`e-evl a.1.k Address: r()- 0A-ge— CitylState: Phone: 3/4/ 160.3 7 7 �F IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 10 HTE# 15-10000047 Case No, 0915-02 Project Manager: Dolores Wood Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2105 Second Reading for the City Council Meeting of October 27, 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 and First Reading for Property at 4625 Whataburger Way CAPTION: Case No. 0915-03 TWF Partners, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density residential to professional office uses. The property is described as Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. PURPOSE: The purpose of this item is to rezone the property to allow development of a professional office. RECOMMENDATION: Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - 1" Multifamily 1 District to the "ON" Office District for development of professional offices. It is staff's opinion that the proposed rezoning to the "ON" Office District would not negatively impact the adjacent residential properties because it is consistent with development patterns due north and would provide a land use transition between the commercial to the north and adjacent residential neighborhood. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the City's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The requested rezoning complies with elements of the Comprehensive Plan and Southeast Area Development Plan, but it does not match the Future Land Use Map, which designates the property for multifamily uses (medium -density residential uses). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 111: 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: Location Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by TWF Partners, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 11-D, Block 4, Parkdale Village, from the "RM -1" Multifamily 1 District to the "ON" Office 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 TWF Partners, 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 "ON" Office District, and on Tuesday, October 20, 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 TWF Partners, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way (the "Property"), from the "RM -1" Multifamily 1 District to the "ON" Office District (Zoning Map No. 043041), as shown in Exhibit "A". Exhibit A, which is a map of the property is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC Zoning Map represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. The Future Land Use Map is hereby amended from a designation of medium density residential uses to professional office uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-03 TWF Partners (Wayne Fagan)\Council Documents\Ordinance_0915-03 TWF Partners, LLC.docx SUBJ , CT PROPERTY Date Created: 8/26/2015 Prepared By: JeremyM 0Departmen of Development Service CASE: 0915-03 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 ca< �oF9 4///4,, p */#6‘•%„, SUBJECT PROPERTY 41114141/44,.46Np LOCATION MAP City of Corpus Christi EXHIBIT "A" PLANNING COMMISSION FINAL REPORT Case No. 0915-03 HTE No. 15-10000050 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Description Applicant/Owner: TWF Partners, LLC Representative: Myron Grossman Legal Description/Location: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. Zoning Request From: "RM -1" Multifamily 1 District To: "ON" Office District Area: 12,464 square feet (0.28 acres) Purpose of Request: To allow for the development of a professional office. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 District Vacant Medium Density Residential North "CG -2" General Commercial District Commercial and Professional Office Commercial South "RS -6" Single -Family 6 District Low Density Residential Low Density Residential East "RS -6" Single -Family 6 District Low Density Residential Low Density Residential West "CN -2" Neighborhood Commercial District Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "ON" Office District is not consistent with the adopted Future Land Use Plan. Map No.: 043041 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the southwest corner of Mildred Drive and Whataburger Way, both of which are Local Residential streets. The subject property has approximately 80 feet of frontage on Whataburger Way, which is a private street in this section, and 120 feet of frontage along Mildred Drive. A driveway would be permitted on Mildred Drive since Mildred Drive is the subject property's only public access street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Mildred Drive Local Residential 50' ROW 28' paved 50' ROW 25' paved N/A Whataburger Way Local Residential 50' ROW 28' paved 60' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "ON" Office District for development of professional offices. Development Plan: The proposed rezoning is to allow use of a professional office space. The applicant is proposing either to sell or lease the property for purposes of developing it into a professional office, likely for insurance, medical or the legal field. Parking is available in the private street — Whataburger Way — though staff is not aware of any private parking agreements in place. It's not anticipated that more than 4 employees will be required to operate the professional office with hours of operation between 8 a.m. and 5 p.m. Existing Land Uses & Zoning: To the north of the subject property in the "CG -2" General Commercial District is the 4 -story Physician Premiere office with a Souper Salad restaurant and a Walgreens store. To the west, there is vacant land zoned for "CN -2" Neighborhood Commercial District. To the south is a single-family subdivision with several homes. To the east are more homes within the same single-family subdivision. The portion of Whataburger Way on which the subject property fronts is private and owned by the applicant. 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 Southeast Area Development Plan (ADP). The proposed rezoning to the "ON" Office District is consistent with elements of the Southeast ADP nor is the adopted Future Land Use Map's designation of the property as a medium density residential use. The following are pertinent elements of the Comprehensive Plan and should be considered: - Corpus Christi Policy Statements: o New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. o Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. Planning Commission Final Report Page 3 o Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. o 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). o Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F). Plat Status: The subject property is platted. Department Comments: • The requested rezoning complies with elements of the Comprehensive Plan and Southeast Area Development Plan, but it does not match the Future Land Use Map, which designates the property for multifamily uses (medium -density residential uses). • It is staff's opinion that the proposed rezoning to the "ON" Office District would not negatively impact the adjacent residential properties. Although, 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, it is consistent with development patterns due north and would provide a land use transition between the commercial to the north and adjacent residential neighborhood. • An "ON" Office District would allow uses that are compatible with the recent medical office redevelopment of the former Whataburger headquarters building (due north of the subject property) and with single-family development. • The hours of operation for an office use are often opposite of the hours when residents are in their homes. • Staff's opinion is that an "ON" Office District rezoning would 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. • A commercial driveway onto Mildred Drive is highly likely. This would create additional non-residential traffic in the neighborhood, but office traffic is not often very high. • The applicant described a development plan for medical offices on the subject property. It is staff's opinion a medical office could serve the adjacent neighborhood; therefore, staff supports a re -zoning of the "ON" Office District. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 22 within 200 -foot notification area 5 outside notification area As of September 28, 2015: In Favor — 3 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 3.75% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Supplemental Information from Applicant 3. Application 4. Notices with Comments K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-03 TWF Partners (Wayne Fagan)\Council Documents\0915-03 Report_CC_TWF Partners.docx "cF 91- o,P SUBJECT PAOP_ERTY s LOCATION MAP City of Corpus Christi CASE: 0915-03 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 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial 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 Unh Dev. Overlay RS -10 Single -Family 10 RS -8 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 Field notes for 4625 Parkdale Drive Corner of Mildred Drive and Whataburger Way Lot 11D, Block 4 Wednesday Night, Sept 9, 2015 City staff approved the Rezoning, zoning commission approved by a split vote 4 to 3 Points that need to be better understood by City Council that were somewhat lost in the planning commission meeting. 1. Property has been for sale for three years and no offers. Little likelyhood that a single family home will be built 2. A small modest office space is more attractive than a vacant Lot with trash blowing onto it, vagrants loitering, kids hanging out doing drugs and looking for trouble etc. 3. Homeowners complaint is that Garbage Containers which are Located near the intersection are a nuisance and he wants a home built across the street. No homeowner is going to be interested in building a home on that lot for the same reasons the homeowner does not want a commercial building across the street.(Dumpsters) This lot is either a commercial spot or a vacant lot with potential vandals, vagrants, trash blowing and kids loitering! TROUBLE SPOT 4. A small modest commercial building can exist near garbage dumpsters and could increase the value of the neighborhood. An office in this area keeps its Economic value generally for twenty 20 to 30 years especially at this location which is now really generating tremendous development! 5. A small office is certainly more desirable than a two story duplex (current zoning) that is a RENTAL PROPERTY which typically become distressed over a short period of time in this area. Last rental properties were torn down 6. Another complaint by a neighbor was that the street flooded from the rain runoff and caused street collapses. A small office would would not cause any more problems than a rental property which is the only other option for a owner of the lot. 7-14l F Recd 9/14/15 4:00 p.m. 61/5-03 f5 lr o s -D amu H j. ` a ;' = ; n.i I -18J-, Development Services Dept P.0 Box 9.177 Corpus Christi. Texas 75469-5277 (351) 626.3240 Lcaled at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 09/5-0...s Map No.: 0 4J� D 4 1 PC Hearing Date. 9-q15- Proj.Mgr: Hearing Location: City Hall. Council Chambers. 1201 Leonard Street Hearing Time: 5:30 D.M. • A MAXIMUM OF FIVE REZONLVGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. ./. Applicant. TWF Partners , LLC . Contact Person :Myron Grossman mailing Address. 4141 S . Staples, Ste .325 CityCorpus Christi Stat_ TX Zip: 78411 phone (361 ) 882-5560 E-mail: CeIL ( 361) 877-0625 2. Property Owner(s). Wayne Fagan Contact Person . Myron Grossman Mai'ing Address: same as above City: State' ZIP: Phone () E-mail. Cell: ( 361 ) 877-0625 3. Subject Property Address, 4625 Parkdale Dr. A;eaofRequast(a r_ ), 12464 sq.ft. CumentZoning & Use: RN 1 -Multi I -GI dik le Fam. Res . Proposed Zoning & se • - - -- 12-Digit Nueces County Tax ID. 6364 _ . 0004 _ 0113 Subdivision Name: Parkdale Village Bock: 4 Lot(s). 11-D Legal Description if not platted" 4. Submittal Requirements Date He'd : with City Staff Ei Early Assistance Meeting of lntarest 0 Copy of Warranty Deed • Land Use Statement ■ Disclosure IF APPLICABLE' is inconsistent w th exhibit landowner ■ Peak Hour Trip Form (if request w'th Future Land Use Plan) 1 Site Plan for PUD cr Special Permit 0 Mates & Bounds Descnpt:cn o Appointment of Agent Form if if property incl.idcs un-piatted land (sealed by RPLS) 1 Lien Holder Authorization is not signing this form I certify that I have provided the City of Corpus Chrsti with a complete ap c on for review; 21 ars authorized to initiate this rezoning as or on behalf of the Prcerty Owner(s): and the ' formation orovi ed is curate. cM , OcrorAgent's gn Lure pi,caf .,g,31,1 c vrt f, ft ��f 11 �� y� I f P jj'/f� �r `I w _, ! Kms- A- i /(m t • to Owner c: Agent's Schted Namc Applicant's Printed Name Office Usa Only: Date Received: Rezoning Fee: i [b7 1 0 +PUD Received By; ei-Qp ADP: S f Pea + Sian Fee.7 3 . ig) = Total Fee 1 i k Z % • Se). No. Signs Required - @ S1Ofsign Sign Posting Date KCrl_LQoLSEN7SVCS�NAREO.1+i?2C JcJcLOF1tr•M..*P_ICAT'Cft FORLkfl\7tF=r•.`:PL:CATiOt 12 5 CCC F::-1 Re:,eee snz2r15 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 buildings)/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 pians for existing structure(s), type, area and setback of signage, etc. The seller's purpose is to sell or lease the property. It is felt that the highest and best use of this property would be neighborhood commercial rather than multi -family. The square footage of the property is 12464. It is anticipated that a professional office, such as dentistry, physician, legal, or insurance office space will be the ultimate end user. Parking is available on street, adjacent parking lot, and area parking lots of medical building and Walgreen's drug store. It is anticipated that no more than 4 potential employees will be required. The hours of operation would be 8:00 a.m. to 5:00 p.m. There presently is no building on the property, so no demolition is required. Signage would be small professional sign on the side of future building. 2. Identify the existing land uses adjoining the area of request: North - Previously Whataburger Home Ofc. is now Medical Towers South- Mix of commercial and 1 residential home East - Parkdale Plaza Parking Lot/Strip Center West - Residential Multi -Family tIUSERSVANYAFLOOMDESKTOPCAILY US USDANRIKAILIIiNDUSE $TAIEMEHi FOR ZONt? 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I7-------1...1tA Ee= ! ;i + i ilE tail'. i pito r ;i} i +l; t- 1f�t �i i ji+ r r L f ---- —a f. ria :1160. ^•\� tl f J oi 1 FIN 11 ,. 4;1g 3°C 011 NAME; 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", TWF, LLC./Wayne Fagan STREET: 4141 S . Staales #325 CITY: Corpus Christi, TX ZIP: 78411 FIRM is:°Corporation °Partnership °Sole Owner °Association °Other LLC. 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 None Job Title and City Department (if known) 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 3% or more of the ownership in the above named "firm" Name Consultant None 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 wilt be promptly submitted to the City of Corpus Christi, Texas as changes occur. Wayne Fagan Certifying Person: YTitle. Owner (Print Name) Signature of Certifying Person: X rr CQJ n Date / s• 100 i KOEvELOPLIENTSvC_WHARECILAPM OEV°1CPLIEN IAPPLICAiiOTI FORLISIRE2ONIIMDI5CLO$UfE OI It4TERES1'S STATEME T_5.12.2Ot5 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: Myron Grossman STREET: 446 Robert Dr. CITY: Corpus Christi, TX ZIP: 78412 FIRM is: °Corporation °Partnership (9 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 s : �y'emental statements will be promptly submitted to the City of Corpus Christi, as changes occur. Certifying Person: Myron GrossmanTiOr tle: Realtor (Print Name) r ,,! Signature of Certifying Person: ' . _ te: 7/23/2015 K DEVELOPMENTSVCSLSHAREOLLANO OEVELOPMENTUIPPLICATION FORMS REZONING'DISCLOSURE OF INTERESTS STATEMENT 5.12,20t5AOC 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". Tina M. Fagan NAME: STREET: 4141 S . Staples #325 CITY: Corpus Christi, TX zip: 78411 FIRM is:°Corporation °Partnership ()Sole Owner °Association Other LLC. 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 31/4 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: Tina M. Fagan (Print ) Signature of Certifying Person: c •� Title: Manager/Director Da 7-2-7- 7- Zo i K.f10EVELOPMENTSVCSLSHAREDLLAND DEVELOPMEN APPLICATION FORMSIREZONINGIDISCLOSURE Of INTERESTS STATEMENT 5.122015.000 APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Myron Grossman Mailing Address: 446 Robert Dr . City: Corpus Christi State: TX Zip: 78412 Home Phone:( 361) 991-1983gusinessPhone: S 361 ) 992-4663Ceil:f 361 ) 877-0625 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. 1 understand that the City of Corpus Christi will deal only with a fully authorized agent At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. 1 understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, li agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attor fees, interest and costs arising from this matter. If my property is owned by a corporation, pa • -rsf p, venture, or other legal entity, then I certify that 1 have the legal authority to make this binding a• • ai ent on behalf -of the entity, and every reference herein to "I", "my", or "me" is . eference to the e *Signature of Agent: X Printed/Typed Name of Agent. lyron Grossman e: E L , *Signature of Property Owner: X Date: Title:QN1 l n�Q ty�J' fit/ Printed/Typed Name of Property Owner: Wal a Fagan Date: 7 4 57.10 r *Signature of Property Owner: Printed/Typed Name of Property OrSner i ne-. Title: f''1 yl) Date: -Ic-2-0 15 - *Signature 2 -°L5 - *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: • 'Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of corporation or association. D W Brown APPOINTMENT OF AGEN 2-19-o9 doc 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 diriqirse a la commission durante la junta v su inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-03 SEP 0 3 2015 DEVELOPMENT SERVICES SPECIAL_ SERVI , =5 TWF Partners, LLC has petitioned the City of Corpus Christi to consider a change owning" 1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density to professional office uses. The property to be rezoned is described as: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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: dailies l'f . 4)epAe..S Address: i /61 iimobinedPr City/State:71dS t/fa; `4 { ) IN FAVOR ( IN OPPOSITION Phone: -41-c L/q -12 9S- REASON: -%`j e iso eN7(y /..� difrecl/r /4 Al&dir11,1711AeOnle- 641 10 5' Ei6/ 4as dteel 7'‘epprtill di;fitv//eehille/ iall o ef/e�d / lViresane 07P . &/e,sec ke /life las /at eneffhd /"(0/166icc7/ntretgeliefftrPre- 66 resale liq/ge homes )14 tSEE MAP ON REVERSE SIDE Property Owner ID. 15 HTE# 15-10000050 Signature Case No. 0915-03 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, • aue tienen la intencion de asistir a esta junta v oue reauieren servicios especiales, se les suplica oue 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 diriairse a la commission durante la iunta v su irides es limitado. favor de Ilamar al departamento de servicios de desarrollo al nCimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSIOI+ PUBLIC HEARING NOTICE 1 Rezoning Case No. 0915-03 li SEP 0 3 1015 VELOPMENT SERVICES TWF Partners, LLC has petitioned the City of Corpus Christi to consider Iagptef ooing*Git the "RM - 1" Multifamily 1 District to the "ON" Office District, resulting in a change -to -the future Land Use Map from medium density to professional office uses. The property to be rezoned is described as: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 912015, 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: TAMes Pilaerg Sti 3 C,, P-0L-Cc.1 V(.tf--) _ SV [3 iv City/State: OA. 4 S C41045-77 (A IN FAVOR ( ) IN OPPOSITION Phone: l" grit -I -1 w? 7 REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 8 HTE# 15-10000050 Signature Case No. 0915-03 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 clue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al niumero (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 diriairse a la commission durante Ia junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al mimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE SEP 3 z01� Rezoning Case No. 0915-03 DEVELOPMENT SERVICES SPECIAL SERV TWF Partners, LLC has petitioned the City of Corpus Christi to consider a change o ring-frim-th RM - 1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density to professional office uses. The property to be rezoned is described as: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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: 'I -NM ‘'-\""NrI c\-•\ t1 Address:(-4-40,),ti"\t•NC+.C'"+ S �". City/State: ta'M , C.ii' ► j X ‘Igti 11 IN FAVOR ( ) IN OPPOSITION Phone: i REASON: r v%k cut fi e rk+ rn vV� + CCW" \`-/ CIL -VS CLAS <A../ gee' cs- S SEE MAP ON REVERSE SIDE Property Owner ID' 10 HTE# 15-10000050 W‘orl Signature Case No 0915-03 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 y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (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 ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al nOmero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. r CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-03 VI it SEP 0 3 2015, DEVELOPMENT SERVICES SPECIAL SERVICES TWF Partners, LLC has petitioned the City of Corpus Christi to consider a chance of oniriy from the "RM- • - 1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density to professional office uses. The property to be rezoned is described as: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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: L,yA/,4/ 12//ei %J ;If Address: fp ,c/ j /1/ 5 be'- City/State: 76' k) IN FAVOR ( ) IN OPPOSITION Phon.34/ S3D d 4 / REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000050 Sign re j-ot Case No. 0915-03 Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2015 Second Reading for the City Council Meeting of October 27, 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 and First Reading for Property located south of Yorktown Boulevard between Fred's Folly Drive and Starry Road CAPTION: Case No. 0915-05 Patricia H. Wallace, Trustee #2.: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. The property is described as being a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. PURPOSE: The purpose of this item is to rezone the property to allow single-family development and cluster housing development. RECOMMENDATION: Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant proposes to construct Riverbend Subdivision. The requested rezoning to the "RS -4.5" Single -Family 4.5 District furthers various policies and goals of the Comprehensive Plan and the Southside Area Development Plan pertaining to residential development and infill development and is suited for the proposed uses allowed by the "RS -4.5" Single -Family 4.5 District., i.e. low density residential uses. The proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. It is staff's opinion that the requested rezoning will not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. 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 (ADP) and the rezoning to "RS -4.5" Single -Family 4.5 District is consistent with elements of the Southside ADP and the adopted Future Land Use Map. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 1iA 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 Patricia H. Wallace, Trustee #2 ("Owner"), by changing the UDC Zoning Map in reference to a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Patricia H. Wallace, Trustee #2 ("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 23, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS -4.5" Single - Family 4.5 District, and on Tuesday, October 20, 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 Patricia H. Wallace, Trustee #2 ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road (the "Property"), from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, (Zoning Map No. 041029), 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. The rezoning does not result in a change to the Future Land Use Map. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0915-05 Patricia H. Wallace, Trustee #2 Page 2 of 2 Exhibit A 115.72 Acre Zonin>: Tract STATE OF TEXAS COUNTY OF NUECES Job No. 39595.B5.02 July 16'h, 2015 Fieldnotes, for a 115.72 Acre Zoning Tract, of Lots 22-27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; said 115.72 Acres being more fully described by metes and bounds as follows: Commencing, at a Mag Nail found, on the Centerline of Yorktown Boulevard, a public roadway, the East corner of Lot 21, said Section 25, the North corner of the said Lot 22, from whence, a Mag Nail found, for the North corner of Lot 7, Section 34, said Flour Bluff and Encinal Farm and Garden Tracts, the East corner of the said Lot 24, bears South 61°17'51" East, 1982.31 feet; Thence, South 28°42'09" West, with the Southeast line of the said Lot 21, the Northwest line of the said Lot 22, at 40.00 feet pass a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR, C.C. TX" found, on the Southwest Right -of -Way of Yorktown Boulevard, in all 65,00 feet, to the Point of Beginning and North corner of this tract; Thence, South 61°17'51" East, 1957,32 feet, for the East comer of this tract; Thence, South 28°41'33" West, 2575.00 feet, to the Northeast line of Lot 8, Section 24, said Flour Bluff and Encinal Farm and Garden Tracts, the Southwest line of the said Lot 25, for the South corner of this tract; Thence, North 61°17'51" West, 1957.77 feet, to a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" found, in the North corner of the said Lot 6, the East corner of Lot 5, said Section 24, the South corner of Lot 28, said Section 25, for the West corner of the said Lot 27 and of this tract; Thence, North 28°42'09" East, 2575.00 feet, to the Point of Beginning, containing 115.72 acres (5,040,679 Square Feet) of land, more or less. Bearings are based on GPS, NAD 83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from field work performed July 2004 and does not represent a current on the ground survey. Unless this fieldnotes 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. e f �.•'e o vp KEITH W. WOOLEY $9017,19.111w/.4.1000249»19Y9l9900 0 5463 t.vi i.4.°•.. Cs9% SUCk\rya, 5:15urveying13959511350210395 95B 502_FN_ 115.72Acres_20150716.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI, TEXAS 78404 wwwurbaneng.com TBPE Firm #145 TBPLS Firm #10032400 EXHIBIT "A" URBAN ENGINEERING Keith W. Wooley, R. License No FAX (361)854-6001 EXHIBIT 'B' �Ve �� : ' N� ° J COUNTY OF NUECES L , CITY OF CORPUS CHRISTI � 1 . d dais I 0 1 f".----------) I RODD FIELD `QUAIL SPRING y L---.QUAI} HOLLO z N CR ELn„F=i y 51{A;f PARK- m o II l CEOAD SD air L 4, i 1WEST Mom SIE z I LOCATION MAP N.T.S. STARRY u E`t 8 88'LlrkriN 24 LIT 28, 8d2 118N 28 Set 5/8" I.R. with red plastic cap stamped "Urban Engr C.C. Tx" N28 42 09 E o 2T/ 2t 222TffNNN 22 Point of Beginning 2575.00' Fd. Mag Nail Point of 20' Road Easement (Vol. A, Pgs. 41- 43, 43, M.R.N.C.T.)����\ LOT 8 85,,VTION 24 Z Q. k LIT 27, 88t llOki 28 c,p,f -3 e N(1' �Vk. ke� Fd. 5/8" I.R. with red40,� plastic cap stamped "Urban Engr C.C. Tx" 65'— � LOT 22, 8Er �'1ON 2 _ .e^I��t I T f Commencement -.- Existing R, O.W. 0 °O� L-���N� 24 ` ( — ,AN, pp, A \ ) _� gDoll \3'A �� ��� e���'� 115.72 IR�d�� ����� � -NA' (51.‘3,040,679 )1, \c3 LOT 22, 22 T l2N 22 — — —� — ��_-_ 10' Wide Pedestrian and Vehicular Access Easement (Doc. No. 1996045983, 0.R.N.C.T.) Acres Sq. Ft.) o � 22, 8E 718N 28 m - N (n o w oD rT o �c c v DT 8 2Et T]tth,o 24 LOT 28, 2EC TmN 28 20' Road Easement I-.--(Vol. A, Pgs. 41- 20' Road Easement 43, M.R.N.C.T.) (Vol. A, Pgs. 41- 43, M.R.N.C.T.) LOT 24, 888118N 28 rC Starry Road 40 a i,+ N rt 0 a F� u LOT 1 1 S28.41'33"W u rT J2, 22I r UN 14 2575.00' 1 o 0`r 1, 2267m.14 24 Exhibit B Sketch to Accompany a K r- z �. FIELDNOTES for a 115.72 Acre Zoning Tract, of Lots 22-27, Section 25, Flour Bluff and Encino' Farm and Garden Tracts, a mop of wh/ch is recorded in Volume A, Pages 41-43, Mop Records of Nueces County, Texas. — URBAN LI — ENGINEERING TBPE FIRM NO. 145, 1ORP5 FIRM NO. 10032400 �r 2725 FIRM N. D5 CORPUS CHRISTI, 1'0 78404 DATE: July 16, 2015 SCALE: 1 —500' JOB NO.: 39595.65.02 SHEET: 1 of 1 DRAWN BY: RLG PHONE: 361.854.3101 WWW.URBANENG.COM urbansurveyl ®urbaneng.com 0 2015 by Urban Engineering EXHIBIT 'B' PLANNING COMMISSION FINAL REPORT Case No. 0915-05 HTE No. 15-10000049 Planning Commission Hearing Date: September 23, 2015 Applicant & Legal Description Applicant/Owner: Patricia H. Wallace, Trustee #2 Representative: Urban Engineering Legal Description/Location: Being a 115.72 -acre tract of land of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. Zoning Request From: "RS -6" Single -Family 6 District and "FR" Farm Rural District To: "RS -4.5" Single -Family 4.5 District Area: 115 Acres Purpose of Request: To allow single-family development and cluster housing development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use _ Future Land Use Site "RS -6" Single -Family 6 District and "FR" Farm Rural District Vacant Low Density Residential North "FR" Farm Rural, "RS 4.5" Single -Family 4.5 and "RM -2" Multifamily 2 Vacant and Low Density Residential Medium Density Residential South "FR" Farm Rural Vacant Low Density Residential East "RE" Residential Estate and "FR" Farm Rural Low Density Residential, Commercial and Vacant Low Density Residential, Medium Density Residential, Estate Residential and Park West "FR" Farm Rural Vacant Medium and Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Future Land Use Map. Map No.: 041029 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property is located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. Fred's Folly Drive and Starry Road are classified by the Urban Transportation Plan as local residential streets. Yorktown Boulevard is classified as an "A3" Primary Arterial Divided street. The subject property has approximately 1,960 feet of frontage along Yorktown Boulevard and approximately 2,570 feet along Starry Road. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Yorktown Boulevard "A3" Primary Arterial Divided 130' ROW 79' paved 152' ROW 33' paved N/A Starry Road Local Residential 50' ROW 28' paved 47' ROW 15' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Development Plan: The proposed rezoning is to allow construction of Phase 1 of Riverbend Subdivision consisting of 103 residential lots. Riverbend Subdivision is planned for a total of 594 lots. Some of the subdivision is planned for cluster housing. The recently approved preliminary plat for the Riverbend subdivision is attached for reference. Existing Land Uses & Zoning: The property to the north of the subject property is zoned "FR" Farm Rural, "RS -4.5" Single -Family 4.5 and "RM -2" Multifamily 2 Districts. The land to the north is primarily vacant except for two single-family dwellings in the "FR" Farm Rural and "RS -4.5" Single -Family 4.5 Districts. The property to the south is zoned "FR" Farm Rural and is vacant. The property to the east is zoned "RE" Residential Estate and "FR" Farm Rural Districts. Most of the property is vacant with one single-family dwelling and a commercial use in the "FR" Farm Rural District. The property to the west is zoned "FR" Farm Rural District and is vacant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is in the process of being platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and the rezoning to "RS -4.5" Single -Family 4.5 District is consistent with elements of the Southside ADP and the adopted Future Land Use Map's designation of the property as Planning Commission Final Report Page 3 a low density residential use. The proposed rezoning if approved will further various policies of the Comprehensive Plan including but not limited to the following: - Comprehensive Plan Policy Statements: o New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. o Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F). Department Comments: • The requested rezoning to the "RS -4.5" Single -Family 4.5 District furthers various policies and goals of the Comprehensive Plan and the Southside Area Development Plan pertaining to residential development and infill development. • The subject property is suited for the proposed uses allowed by the "RS -4.5" Single - Family 4.5 District, i.e. low density residential uses. • The "RS -4.5" Single -Family 4.5 District is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The Zoning Map amendment will not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the rezoning to the "RS -4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 19 within 200 -foot notification area 1 outside notification area As of September 28, 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. Application 3. Preliminary Plat K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-05 Patricia H. Wallace, Trustee #2 (Riverbend SD)\Council Documents\0915-05 Patricia H. Wallace, Trustee #2 (Riverbend SD).docx CASE: 0915-05 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 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial 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-Family6 RS -4.5 Single -Family 4.5 RS -TF Avo-Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject PropertyOwners with 200' buffer O in favor 4 Owners within 200' listed on v Owners attached ownership table A In opposition LOCATION MAP REZONING APPLICATION Case No.: Q9% OS Map No.: !Q egos 9 PC Hearing Date: -a Proj.Mgr. JSl Cal AFF/Y1 Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER NEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant Urban Engineering Contact Person : Xavier Ga{van Mailing Address:2725 Swantner Drive City: Corpus Christi State Tx zip 78404 Phone: (361 ) 854-4187 ext. 217 E-mail: Cell: ( ) 2. Property Owner(s)Patricia H. Wallace, Trustee #2 Contact Person :John Wallace Mailing Address: 101 N. Shoreline, Suite 600 City. Corpus Christi state: Tx ZIP: 78401Phone: 361( ) 882-5435 E-mail: Cell: ( ) 3. Subject Property Address South or Yorktown siva between Rancho v sta a starry Read Area of Request (SF/acres). 115.72 acres Current Zoning & Use: RS -6 and FR •• Agricultural Proposed Zoning & Use: RS -4.5 (residential) 2476-0025-0210, 2476-0025-0212, 2476-0025-0220 and 2476-0025-0250 12 -Digit Nueces County Tax ID: -__----- Subdivision Name: Block Lot(s) Legal Description if not platted: Lots 22 through 27, Section 25, F.B.&E.F.&G.T. 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held 414;4428, with City Staff JCS—CI CA. A I Land Use Statement ❑■ Disclosure of Interest NI Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit 11 Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form .a ire Applicant' Signature Euge C. Urban, Jr. - Jrbtn Engineering Office Use Only: Date Received: l 3115.— Received By: /I 7) ADP: SS/ Rezoning Fee: SC --524 _� + PUD Fee% + Sign Fee A5 =Total Fee r %cp No. Signs Required _ $10/sign Sign Posting Date Alpo esn enwo r �o,pus cy�tir tube • �ss� / Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street I _ i If)nao)u 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 and RS -6 to RS -4.5. This change of zoning request is for a portion of the 594 lot, Riverbend Subdivision as shown on recently approved preliminary plat. The first phase will include 103 residential lots. This request conforms with the future land use. 2. Identify the existing land uses adjoining the area of request: North - Yorktown Boulevard South - Agricultural - (Zoned - FR East - Agricultural - (Zoned - FR) West - Agricultural - (Zoned - FR) C:\USERS\TANYAR.000\DESKTOP\DAILY USEANN KA\LAND USE STATEMENT FOR ZON NG.DOC Exhibit A 115.72 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 39595.B5.02 July 16th, 2015 Fieldnotes, for a 115.72 Acre Zoning Tract, of Lots 22-27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; said 115.72 Acres being more fully described by metes and bounds as follows: Commencing, at a Mag Nail found, on the Centerline of Yorktown Boulevard, a public roadway, the East corner of Lot 21, said Section 25, the North corner of the said Lot 22, from whence, a Mag Nail found, for the North corner of Lot 7, Section 34, said Flour Bluff and Encinal Farm and Garden Tracts, the East comer of the said Lot 24, bears South 61°17'51" East, 1982.31 feet; Thence, South 28°42'09" West, with the Southeast line of the said Lot 21, the Northwest line of the said Lot 22, at 40.00 feet pass a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" found, on the Southwest Right -of -Way of Yorktown Boulevard, in all 65.00 feet, to the Point of Beginning and North comer of this tract; Thence, South 61°17'51" East, 1957.32 feet, for the East corner of this tract; Thence, South 28°41'33" West, 2575.00 feet, to the Northeast line of Lot 8, Section 24, said Flour Bluff and Encinal Farm and Garden Tracts, the Southwest line of the said Lot 25, for the South corner of this tract; Thence, North 61°17'51" West, 1957.77 feet, to a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" found, in the North corner of the said Lot 6, the East comer of Lot 5, said Section 24, the South comer of Lot 28, said Section 25, for the West corner of the said Lot 27 and of this tract; Thence, North 28°42'09" East, 2575.00 feet, to the Point of Beginning, containing 115.72 acres (5,040,679 Square Feet) of land, more or less. Bearings are based on GPS, NAD 83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from field work performed July 2004 and does not represent a current on the ground survey. Unless this fieldnotes 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. S:\Surveying\39595\B 502\039595B502_FN_ 115.72Acres_20150716.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. ;CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 URBAN ENGINEERING Keith W: Wooley, .P. License No FAX (361)854-6001 \` ��.'o'm'x'A , �NJ COUNTY OF NUECES ,a+�'m `•, s � J\' CITY OF CORPUS CHRISTI RODD FIELD n QUAIL SPRI L-----0WI} HOLL• • t N CAPELCeFa PARK- CEtlADL—,s,,,,,s,,,,I EST MwOUNr a O I ry i SI E % STARRY LOCATION MAP N.T.S. LOT s saorioN 24 LJr Set 5/8" I.R. with red lastic cap stamped 'Urban Engr C.C. Tx" 28, satt1W'J 2g N2T42 09" E LOT 21, 08111fION 28 I I Point of Beginning I 2575.00 Fd. Mag Nail Point of PI Commencement 20' Road Easement (Vol. A, Pgs. 41- 43, M.R.N.C.T.) LOT a ass risk] 24 z � Ir LJ r 27, 088718N 29 a ,,`> '",i' `,� , d w��1 Fd. s/6" I.R. with red 40. plastic cap stamped Urban Engr C.C. Tx"65'—.- �� \\:° � LOT a 08,(2'110N StNfl` . (`Existing I —.— R.O.W. �I Vj � LEt 7 ���rJJ,`� �� `01 (0 • — c i, + t N, ..AS' Ac ll 1 0 •i gi A\ ac\®,, r d , �,r�� e�c�� jt<S 115.72 �j®� �a �,>�-) (5,040,679 ��c,®',�,r� , m 1 p t `�� .1.8-t 28a Jd r1thJ 2g `fijl�,`,L� _ 10' Wide Pedestrian and — — Vehicular Access Easement (Doc. No. 1996045983, 0.R.N.C.T.) Acres Sq. Ft.)m 40 r1 p 4 Ica 20, 8da r1Jd�J 20 aul , i W l N Cn 0 • uvi' op—, b co v c CD co 0 vI I Lar a ��J r1���1 24 I I20' LJ r 28, sat rises 28 Road Easement '(Vol. A, Pgs. ) 1— N 20'o Rood Easement M.R.N.C.T. u Vol. A, P s. 41—i li 43, M.R.N.C.T.)� L t r 2 , 88J trJN 28 Std -i�/ Road -t 40, w Cli- N m 'o43, 0 CL L.rr 1 / 528'41'33"W LJr 18, rm \J 04 2575.00'--a Loy Z 888rmn s4 Exhibit B Sketch to Accompany Z a. FIELONOTES for o 115.72 Acre Zoning Tract, of Lots 22-27, Section 25, flour Bluff and Encinal Fane and Gorden Tracts, a mop of which is recorded in Volume 4 Pages 41-43, Mop Records of Nueces County, Texas. I»1E: July 16, 2015 I _ URBAN SCALE 1 _500 JOB NO.: 39595.B5.02 ENGINEERING 2�� NO.R DR C CHRIISTTI, TX 7755404 SHEEr: 1 of 1 DRAWN BY: RUA ` PHONE 361 .854.3101 xww.uR641ENa.COM urbansurveyl ®urbaneng.com 0 2015 by Urban Engineering 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: Patricia H. Wallace, Trustee #2 STREET: 101 N. Shoreline CITY: Corpus Christi, TexasZIP: 78401 FIRM is:QCorporation °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 N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Consultant CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to r the City of Corpus Christi, Texas as changes occur. Certifying Person: :.0 /t V1 \C,t t (P t Name) Signature of Certi ing Person: Title: Date: —7/:10 /I K:IDEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTVAPPLICATION FORMSVREZONINGIDISCLOSURE OF INTERESTS STATEMENT_5.122015.DOC NAME: 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". Patricia H. Wallace, Trustee #2 STREET: 101 N. Shoreline FIRM is: Corporation Partnership CITY: Corpus Christi, Texas ZIP: 78401 Sole Owner Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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}�YChristi, Texas as changes occur. Certifying Person: ?,�( Ll (A,,,, t JU(Lt Title: QO)4M (Print Name) Signature of Certifying Person: Date: K:IDEVELOPMENTSVCS\SHAREDILAND DEVELOPMENT'APPLICATION FORMS \REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC co 311 29 -o 45) J ii 459 92 OS cA cAl O J tJ46,3 WN I..L U cocp J Lot 18, 178 • Parking IBANEZ LANE Detail Typical N27'36'011 904.50' r Parking lore?fro Ras N Id N2736'01'E 1320.00' z 1 1 1 PRAX MORGW PULE iii REDS FOLLY DRIVE N27'36'01'E 2640.00' AREA FOR (NATURE AND TO FUTURE DEVELOPMENT SCOPE OF DEVELOPMENT BE DETERMINED) 142) 00 oE 5 WASHBIRN DRNE ts 16 fq 1. 21 34 22 MOSRITE DRIVE 5:] 2. 14 5 15 24 55 2 D ANGEL103 DRIVE F - Ieei 7 56 ,..c„ Sv' I 55 9547 ECCUSHNL DRIVE - 45 I8 1E 5952 18. 53 20 50 I 56 1 36 1 56 1 50' 54 55 „ 4, 1 8 92 6 1 45 5 I ., I.4 I 0�1 43 155 DIPImo DRIVE 05 I - 4'. :5 145 ' 67,1 58 1 45' 1 Fr 411 1 <5 1 35 1 51 55 145 23 9 46 9 151 • 77 1.3 80 • 6. 62 102 8 63 100 618 66 9 135 E PHONE nnar Limn - O6 54 48 9 1 903 D ANGELICO DRIVE 2 23 0 5u .5 a. 14 2 102 100' 54 16 • 17 405 0 1505 9 • 20 n 29 23 ECCLESHALL DRIVE rv- i�E :au : El '8 1 451'5 5 65 42 45 154 5,0 20 0 2' 12, 22 5 1 45 145 1 55 1 45, 1 a5 DIP INTO DRIVE C.9ET°. C.9 DRIVE s 0 LOT 1 .53 ACRES PARK 100' E 22 Si 100'100 A 23 2 24 ,00 13 10 14 109 9 2 J 100' 10:' 4,8 54 ✓ 25 91 • 26 2 350 03 9 100 0 • 27 5 100' 2 545 25 38 50' 7c 50 90 5 54 4 6 g ,00' 150' ▪ 17 y 100 11 - 05. 105 15 _-2 2 20 `4 5ao ▪ 22 104' 5 04 100' 24 5 r ©3 150 84 8 4 " . SUPRO DRIVE 12 24 0 1 55 25 S 262 2: 20 8 i 55 I 50 25 32 50 91 2 I 5u I 34 54 20 65 3 45 49'2 0 47 'o 46-9 4 4 0, 5 < .5 Nr11.IV VM.0 55 5 oic R ,2._:-1, 11 ;H 9 Pk 6 § z g. 45 i 45 0 5 12 4 g 4, 2 2 <5 1 2 45 45 S5 45 91 5 45' I 45' O 4u 1 4 1 <, 1 u l m 7 18 54 19 _20 5521 55 22 2 23 S2 C.9ET°. C.9 DRIVE s 0 LOT 1 .53 ACRES PARK 100' E 22 Si 100'100 A 23 2 24 ,00 13 10 14 109 9 2 J 100' 10:' 4,8 54 ✓ 25 91 • 26 2 350 03 9 100 0 • 27 5 100' 2 545 25 38 50' 7c 50 90 5 54 4 6 g ,00' 150' ▪ 17 y 100 11 - 05. 105 15 _-2 2 20 `4 5ao ▪ 22 104' 5 04 100' 24 5 r ©3 150 84 8 4 " . SUPRO DRIVE 12 24 0 1 55 25 S 262 2: 20 8 i 55 I 50 25 32 50 91 2 I 5u I 34 54 20 65 3 45 49'2 0 47 'o 46-9 4 4 0, 5 < .5 Nr11.IV VM.0 55 5 45 S .5 9 1 <5 45 X ,19 45' 40 45' -- 9 ,5' , 0 45 7 L 6 45 i 45 0 5 12 4 45 9 3 4, 2 2 <5 1 2 45 45 45' 45 91 5 45' I 45' 0 16 7 18 54 19 _20 5521 55 22 2 23 S2 0 55262. -1g. 25 525 6 39 551 15 4. 4 45 45 4 <5 45 45 I 45 GRETSCH DRIVE Id Rodd Field Road Slough Road Yorktown Boulevard VACATION YAP Not to Scale NOTES: 1. The property is currently undeveloped and is Zoned Farm Rural (FR) and RS -6. Proposed zoning is RS -4.5 2. The portion of the property to be developed is in Flood Zone B, per Flood Insurance Rate Map for Nueces County, Texas (Unincorporated Areas) Panel 540 of 705 Community Panel Number 485494 0540 C map revised March 18, 1985. 3. A Pollution Prevention Plan will be submitted with any plans of development for this property. 4. Residential Driveways are prohibited direct access to Yorktown Boulevard (Lots 1-16, Block 1; Lots 35 and 36, Block 2; Lots 1-14, Block 3). 5. Residential Driveways are prohibited direct access to STARRY ROAD (Lots 14-29, Block 3; Lots 1-15, Block 15). 6. All areas west of Oso Parkway are for future undetermined residential use. 7. There is no off—site drainage onto this property and the storm sewer pion as shown complies with the City of Corpus Christi Master Plan. 8. The receiving water for the storm water runoff from this property is the Oso Creek. The TCEQ hos not classified the aquatic life use for Oso Creek, but it is recognized as an environementally sensitive area. The Oso Creek flows directly into the Oso Bay. The TCEQ has classified the aquatic life use for the Oso Bay as "exceptional" and "oyster waters" and categorized the receiving water as "contact recreation use." 9. The actual boundary of Oso Creek shall be determined at the time of final platting. 10. All jurisdictional wetlands shall be delineated and any required permits shall be obtained from the U.S. Army Corps of Engineers or other appropriate regulatory agencies before work that may disturb the wetlands commences. 11. All properties will be rezoned to the proper zoning prior to filing the final plat and construction. 12. All temporary drainage easements shall be maintained by the HOA. 13. This project is not within an AICUZ Boundary or Noise contour. 14. Water and wastewater fees shall be paid prior to recordation of the final plat. 15. Lots 22-27, Block 17 cannot be platted as multiple lots, unless Oso Parkway is constructed to its full roadway width. 16. Water and Sewer will be located within the common areas. 5 30 46' RIGHT OF WAY 23 23' 1' 6' TUMORAL UNE 4 28' 8-B B -B w/Buuruui 7, 2'TYPEDH q PER Fr. 2' 3)' FENDE'. F NE CONCRETE SIDEWALK 100' COMMON AREA AND DRAINAGE RIGHT OF WAY COMMON AREA AND DRAINAGE RIGHT OF WAY LOT 137 0401 166 EXIST. LIEF 513110N SITE 4 2 - 19 2 COMP. CURB FILL 6" '5' CURB 6" '5' CURB COMP. CURB FILL 6" CRUSHED LIMESTONE 6" 'L' CURB 8" UMED SUBGRADE UDC L -1C STREET SECTION (GRETSCH AND FENDER DRIVE) NOT TO SCALE •4 621r15'255V 4668.70' NT 012 "n SPECIFICATIONS: 2' TYPE D HOT MIX ASPHALTIC CONCRETE PRIME COAT MC -30 AT 0.15 GAL/S0. YD. 6' CRUSHED LIMESTONE (TY A GR 1); COMPACTED TO 98% MOD. PROCTOR DENSITY MOISTURE SHALL BE WITHIN ±2% OPTIMUM MOISTURE 8" COMP. LIMED SUBGRADE (5% BY DRY WT.): COMPACTED TOD95% SID. PROCTOR DENSITY MOISTURE SHALL BE WITHIN OPTIMUM MUMOISTURE M STURE NOFOR CLAY SOILS ONLY: STREET CROSS SECTION SHALL BE CONSTRUCTED OVER A 12 INCH SECTION OF COMPACTED RAW SUBGRADE TO 9D% STANDARD PROCTOR, FROM WHICH THE 8 SHALL BE SCARIFIED AND CONSTRUCTED. i. LH; 9 2015 •()EVE. .. . . CONTRACTOR MAY USE GEOGRID (TENSAR TX 5) IN LIEU OF LIME STABILIZED SUBCRADE IF THIS OPOON 15 UTILIZED, SUBGRADE SHALL BE 12 -INCH COMPACTED TO 95% STANDARD PROCTOR DENSITY AT +2% OPTIMUM MOISTURE. GEOGRID SHALL ECIEND 2' BEYOND BACK OF CURB Pp o. Jt M I� SEP -92015 PLANNING COMMISSION 60' RIGHT—OF—WAY 80' RIGHT-OF-WAY - 50' RIGHT-OF-WAY —1' 1' 0 c: 1' 4' 5' 40' B—B 5' 4' 40' B -B 4' 6' 28' B -B 6' 4' 1' 2' 1 1' Finish Asphalt 1/2" Above Lip of Gutter (Typ.) 2" Hot Mix Asphalt 7" Crown 30' 2' Varies Varies 5" Crown Z HMAC Conc. Sidewalk Typical Curb Backfill 6' 'L' Curb 6" Crushed Limestone 8" Lime Stabilized Subgrade 4' Conc. Sidewalk T picot Curb ackfill 6" 'L' Curb TYPICAL 50' RIGHT—OF—WAY STREET SECTION Not to Scale 4' Conc. Sidewalk 6" "L' Curb See Curb Back FII Detail 2" Type D Hot Minx Asphaltic Concrete 6" Crushed Limestone (TY A, GR 1); Compacted to 98% Std. Proctor Density Moisture shall be within ±3% Optimum Moisture 8" Comp. Limed Subgrade (5% by Dry Wt.); Compacted to 95% Std. Proctor Density Moisture shall be within ±3% Optimum Moisture Prime Coat MC -30 at 0.15 Gal/Sq. Yd. For Clay Soils Only: Street crossssseecction shall be constructed over a 12 inch section of compacted raw subgrade to 90% Standard Proctor, from which the 8 inch limed subgrade shall be scarified and constructed. 8" Limestone Base 8" Lime Stabilized Subgrade 4' Conc. Sidewalk 6" 'L' Curb See Curb Back Fill Detail 7" Crown 2' 2" Hot Mix Asphalt 20' R.O.W. (Vol. A, Pgs. r 41-43, M.R.N.C.T.) STARRY ROAD PRELIMINARY PLAT for RIVERBEND SUBDIVISION f-5' R.O.W. Dedication 8' Conc. Bike Path TYPICAL 60' RIGHT—OF—WAY STREET SECTION Not -to -Scale SPECIF1CAMONS• 2" Type D Hot Mix Asphaltic Concrete 8" Limestone Base (TY A, GR 1); Compacted to 98% Std. Proctor Density Moisture shall be within ±3% of Optimum Moisture 8" Comp. Lime Subgrade (5% by Wt.); Compacted to 95% Standard Proctor Density Moisture shall be within ±3% of Optimum Moisture Prime Coat MC -30 at 0.15 Gal/Sq. Yd. Note: For Clay Soils Only: Local and Residential Collector cross sections shall be constructed over a 12 -inch section of compacted raw subgrade to 90% Standard Proctor, from which the 8 -inch limed subgrade shall be scarified and constructed. M 8" LIMESTONE BASE 6" 'L' Curb 8" LIME STABILIZED SUBGRADE TYPICAL OSO PARKWAY STREET SECTION 80' R.O.W. (40' B—B) Not to Scale SPECIFICATIONS: 2" Type D Hot Mix Asphaltic Concrete 8" Limestone Base (Ty A, GR 1); Compacted to 95% Modified Proctor Density Moisture Content shall be within ±3% of Optimum Moisture 8" Comp. Lime Stabilized Subgrade (5% by Wt.); Compacted to 95% Standard Proctor Density Moisture Content shall be within ±3% of Optimum Moisture Prime Coat MC -1 at 0.15 Gal/Sq. Yd. 6" 'L' Curb 4' Conc. Sidewalk L 20' R.O.W. (Vol. A, Pgs. 41-43, M.R.N.C.T.) 300 200 100 GRAPHIC SCALE 1 "=200' Corpus Christi, Texas Being 195,3 acres of land out of all of Lots 22 through 27, Section 25, all of Lots 7 and 8, Section 24, and portions of Lots 9, 10 and 11, Section 24, Flour Bluff and Encinal Farm and Garden Tracts. ti ENGINEERING URBAN E101 IC 145, MRS FM IC 10032403 V25 WHIM CR. CM% CHRIST, TX 78404 JOB NO. 39595.B4.00 SEPT. 4, 2015 MFH/crr S:\ ProjecIA39000UP \ 39595 \ 8400 FtNERBEND PRELIMINARY PLAT S5ELBEE.Erdwg, 91/20192E0 PI‘5 Aerial Overview Aerial SUBJECT PROPERTY AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2015 Second Reading for the City Council Meeting of October 27, 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 and First Reading for Property located at 3801 Rodd Field Road CAPTION: Case No. 0915-06 Point Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property is described as being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of general commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant has indicated an initial plan to develop a 4,650 -square foot building for a convenience store with seven pump islands, car wash/vacuum/air station on a 1.78 -acre portion of the 10 -acre tract. Specific use of the remainder of the property is unknown but the owner is marketing the property as a site for a retail center. The requested rezoning to the "CG -2" General Commercial District is consistent with both the Southside Area Development Plan and designation of commercial uses for the property on the adopted Future Land Use Map. Staff's opinion is that the proposed "CG -2" General Commercial District rezoning would 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 and is suited for uses allowed by the proposed "CG -2" General Commercial District. ALTERNATIVES: 1. 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 (ADP) and the rezoning to the "CG -2" General Commercial District is consistent with elements of the Southside ADP and the adopted Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital 1111A 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 Point Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, 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 Point Development, 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 23, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested the "CG -2" General Commercial District, and on Tuesday, October 20, 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 Point Development, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road (the "Property"), from the "FR" Farm Rural District to the "CG -2" General Commercial District, (Zoning Map No. 042031), 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. The rezoning does not result in a change to the Future Land Use Map. 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_0915-06 Point Development, 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_0915-06 Point Development, LLC Page 3 of 3 Exhibit A 10.00 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43015.00.02 July 31St, 2015 Fieldnotes, for a 10.00 Acre Zoning Tract, of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; said 10.00 Acres, being more fully described by metes and bounds as follows: Beginning, at the Centerline Intersection of Slough Road and Rodd Field Road, a public roadway, the South corner of Lot 25, Section 20, said Flour Bluff & Encinal Farm & Garden Tracts, the West corner of Lot 31, Section 26, said Flour Bluff & Encinal Farm & Garden Tracts, the North corner of Lot 1, Section 25, said Flour Bluff & Encinal Farm & Garden Tracts, for the East corner of the said Lot 8 and this tract; Thence South 29°00'00" West, with the Northwest line of the said Lot 1, the Southeast line of the said Lot 8, the Centerline of Road Field Road, 1320.00 feet, to the West corner of the said Lot 1, the North corner of Lot 16, said Section 25, the East corner of Lot 9, said Section 21, for the South corner of the said Lot 8 and this tract; Thence North 02°26'06" East, with the Centerline of Airline Road, a public roadway, 1475.80 feet, to the Intersection of the said Airline Road and the said Slough Road, the East corner of Lot 7, said Section 21, the South corner of Lot 26, said Section 20, the West corner of the said Lot 25, for the North corner of the said Lot 8 and this tract; Thence, South 61°00'00" East, with the said Centerline of Slough Road, the Southwest line of the said Lot 25, the Northeast line of the said Lot 8, 660.00 feet, to the Point of Beginning, containing 10.00 acres (435,597 Square Feet) of land, more or less. Bearings are based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records ofNueces County, Texas. This description was prepared from record information and does not represent a current on the ground Survey. 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. fit-*/ Ro+-f"g URBAN ENGINEERING KEITH W. WOOLEY \rho 5463 ''::*"Q- 4",(3.�B55+AQ SUR • bc- Keith W. Wooley, R.P.L.S. License No. 5463 S:1Surveying143015100021OFFICE\METES AND BOUNDS10430150002-10.00Ac_ZONING.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 EXHIBIT "A" FAX (361)854-600i \ Bill Witt City Park ----- COUNTY OF NUECES CITY OF CORPUS CHRISTI ctooROA ' -4k, RO,D B READ C I \ SiteSa -..e pc44 °o DE z w .0 ��O ce . ,„ •-\ j )-0 �\ , To LOCATION MAP N.T.S. Lot 26 i Section 20---°,�F/o4� o f v (� 0 CtA a) C3 -I 00 ori N w (0 N p Parcel 8, Tract 2 1 0.338 Acres 60' Wide Strip Vol. 272, Pgs. 230-231— D.R.N R.N.C.T. / 1/ V Lot 9 Section 21 A----A.,o „ vi, R'c° /-0 67.9 v0' /� � a�Q Parcel B, Tract 1 0.278 Acres Vol. 272, Pgs. 230-231, o.R.N.c.T.---A 10.00 Acres 435,597 Sq. o .Z)c oco a c °(z,,q, �45' ,��( 4') 4( CO �� �� � e .t / 93' 0 c,° / ° ems' ora c;,o� / 0 �Q �_ o`vv / J=/ moo / / o / •o / /(1\/"' / Q e� Qo Q, �" k. / e� Q�= �� o. ocv<0 , �� ^ urbansurveyl©urbaneng.com IA Q/72? ,,o.. -1' s'o'A . N g3 ep• F 66� •00' Ft. 1 / /, /o�J / / p �� ^ry , m . 2S cif,- sect Co `'' ° 2 o''h Fh p 0 17 Tr 7p/ es 0 � , pets °�tM4o t fps Lot 31, Section 26 dour Huff & Encinal Farm & Garden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas / 0 / 0 / a `( s a� o C/ o e o h co C, O .o �t'0 �O�OL �/� O ^,Q�6 o t,Q �� 0 � �t 0) Q- Exhibit B Sketch to Accompany FIELDNOTES for a 10.00 Acre less, of Lot 8, Section 21, and Garden Tracts, a map Volume A, Pages 41-43, County, Texas. Zoning Tract, more or Flour Bluff and Encinal Farm of which is recorded in Map Records of Nueces DATE: July 31, 2015 SCALE: 1 =200' SHEET: 1 of 1 JOB NO.: 43015.00.02 DRAWN BY: RLG 02015 by Urban Engineering corm? riwiro R/1 . /?(11 S R•1 Clnl S AM r19 URBAN LI- — ENGINEERING 1BPE FIRM NO. 145, PS FIRM NO. 10032400 / z ACOR 1578404 PHONE: URBANENG.00M 361854.31010RPUW#� S•\Ci irveyino\4V11 S\Mfl7\742ni 1:1 EXHIBIT "B" PLANNING COMMISSION FINAL REPORT Case No. 0915-06 HTE No. 15-10000051 Planning Commission Hearing Date: September 23, 2015 Applicant & Legal Description Applicant/Owner: Point Development, LLC Representative: Urban Engineering Legal Description/Location: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. Zoning Request From: "FR" Farm Rural District To: "CG -2" General Commercial District Area: 10 Acres Purpose of Request: To allow for the construction of a fueling station and retail development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District Vacant Commercial North "CG -2" General Commercial District Vacant Commercial South "FR" Farm Rural and "CG -2" General Commercial District Vacant Commercial East "RS -6" Single -Family 6 District Low Density Residential Low Density Residential West "RS -6" Single -Family 6 District and "RM -2" Multifamily 2 District Low Density Residential and Vacant Low Density Residential and High Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map. Map No.: 042031 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the southwest corner of Airline Road and Rodd Field Road. Airline Road is classified as an "Al" Minor Arterial Undivided street and Rodd Field Road is classified as an "A3" Primary Arterial Divided street. The subject property has approximately 570 feet of frontage along Airline Road and approximately 960 feet along Rodd Field Road. Currently, the portion of Airline Road located west of the subject property has been physically closed but not legally abandoned by its owner, the City of Corpus Christi. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Airline Road "Al" Minor Arterial Undivided 95' ROW 64' paved 135' ROW 80' paved 3 301 ADT Rodd Field Road "A3" Primary Arterial Divided 130' ROW 79' paved 115' ROW 35' 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 construction of a fueling station and commercial development. Development Plan: The applicant has indicated an initial plan to develop a 4,650 - square foot building for a convenience store with seven pump islands, car wash/vacuum/air station on 1.78 -acre portion of the 10 -acre tract. The initial development would be located at the intersection of Airline Road and Rodd Field Road. Specific use of the remainder of the property is unknown but the owner is marketing the property as a site for a retail center. As part of the rezoning application, the applicant did not provide a proposed site plan for the convenience store and the remaining property. Existing Land Uses & Zoning: To the north of the subject property is vacant land in the "CG -2" General Commercial District. To the west, there is vacant land zoned for "RM -2" Multifamily 2 District and a subdivision under construction in the "RS -6" Single - Family 6 District. To the south is vacant land zoned "FR" Farm Rural and "CG -2" General Commercial Districts. To the east are homes within a single-family subdivision zoned "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG -2" Commercial District is generally consistent with the Southside ADP and the adopted Future Land Use Map's designation of the property for commercial uses. The following are pertinent elements of the Comprehensive Plan that should be considered: - Corpus Christi Policy Statements: o New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. o Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. Planning Commission Final Report Page 3 o Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. o 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). o Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F). Plat Status: The subject property is not platted. Department Comments: • The requested rezoning is generally consistent with both the Southside Area Development Plan and designation of commercial uses for the property on the adopted Future Land Use Map. • The proposed rezoning abuts a proposed multi -family development to the west. • It is staff's opinion that the proposed rezoning to the "CG -2" General Commercial District is located in a manner that will service the surrounding residential neighborhood with minimal negative impacts. Staff's opinion is that the proposed "CG -2" General Commercial District rezoning would 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. • Given that the subject property will likely qualify for at least one driveway to Airline Road, and that the spacing between adjacent intersections is only 700 feet, maintaining traffic flow will be a challenge to the City's Traffic Engineering Department. Still, the location of the proposed use is consistent with comprehensive plan policies to locate high traffic generating uses at the intersection of arterial streets. • The subject property is suited for uses allowed by the proposed "CG -2" General Commercial District. Planning Commission and Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 26 within 200 -foot notification area 1 outside notification area As of September 28, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 9 inside notification area — 0 outside notification area Totaling 27.97% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Notices Returned K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-06 Point Development, LLC\PC Documents\0915-06 Report Point Development, LLC.docx O 9 4.c`\ 0 SUBJECT PROPERTY )124,,trO Cayo DelOsteo 4� \ 417 ILOcATION MAP City of Corpus Christi CASE: 0915-06 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 PropertyOwners with 200' buffer O in favor 4 Owners within 200' listed on v Owners attached ownership table in opposition 15-10000051 • REZONING APPLICATION 1652 Development P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 _ opard Located at 2406 LStreet Office Use Only 0915-06 042031 Case No.: Map No.: PC Hearing Hearing Location: Hearing Time: . A MAXIMUM * INCOMPLETE Date: 9/23/15 Proj.Mgr: City Hall, Council Chambers, 1201 Leopard Street 5:30 p.m. OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Mailing City: Corpus Urban Engineering Contact Person : Xavier Gaivan Address:2725 Swantner Drive Christi state: TX ZIP: 78404 Phone: (361 ) 854-3101 E-mail: Cell: ( 361 ) 854-4187 ext. 217 2. Property Mailing city: Corpus Owner(s): Point Development, LLC Contact Person : Frank Manning Address: 3535 South Staples Christi State: TX zip: 78411 Phone: (361 ) 438-5397 E-mail: Cell: ( J 3. Subject Current 12 -Digit Subdivision Legal Description North of Airline Rd., South of Slough Road & west of Rodd Field Road , 00 Acres Property Address: Area of Request (SF/acres): Zoning & Use: FR Proposed Zoning & Use: CG -2 Nueces County Tax ID: 476 _ 0021__ 0080 J Name: Block: Lot(s): if not platted: 10.00 acres out of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts 4. Submittal • Early Requirements: Assistance Meeting: Use Statement Hour Trip Form (if request & Bounds Description with of Agent Form if Date Held April 28, 2015 ; with City Staff of Interest with if property includes is not signing ❑ Land ❑ Disclosure 0 Copy of Warranty Deed IF APPLICABLE: is inconsistent exhibit landowner • Peak Future Land Use Plan) • Site Plan for PUD or Special Permit ❑ Metes un -platted land (sealed by RPLS) ■ Lien Holder Authorization L] Appointment this form certify that I have provided the City of Corpus Christi with a Owner or Agent's Signature Frank K. Manning, President complete application for reVew; that I -AL t •rized'a initiate this rezoning s); and - - in o ati f•rovided i. urate. I Applicant's Signal-G.17 Rhodes Urban - Urban Engineering Owner or Agent's Printed Name Applicant's Printed Name Office Use Rezoning Fee: No. Signs Required Only: Date Received: 8/14/15 Received By: AG ADP: SS 1976 75 + PUD Fee + Sign Fee 50.00 = Total Fee 2026.75 5 @ $10/sign Sign Posting Date: 9/8/15 K I3EVELOPMENTSVCSLSHARED4LAND DEVELOPMENTIAPPLICATION FORMSIREZONING4ZONING APPLICATION 2015.DOC Form Revised 5/12112015 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 for the the development of a fueling station at the corner of Rodd Field Road and Slough Road. The fueling station will sit on approximately 1.78 acres and will contain a 4,650 square foot building. There site will have 7 fuel pump islands, a car wash and vacuum/air station. Specific use of the remainder of the property is not known at this time, but the owner is marketing the property for commercial use as a possible retail center. 2. Identify the existing land uses adjoining the area of request: North - Vacant - CG -2 South - Agricultural - FR East - Residential - RS -6 West - Vacant and Residential - RM -2 and RS -6 C:\USERS\TANYAR.000\DESKTOP\DAILY USE \ANNIKA\LAND USE STATEMENT FOR ZONING.DOC Exhibit A 10.00 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43015.00.02 July 31st, 2015 Fieldnotes, for a 10.00 Acre Zoning Tract, of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 10.00 Acres, being more fully described by metes and bounds as follows: Beginning, at the Centerline Intersection of Slough Road and Rodd Field Road, a public roadway, the South corner of Lot 25, Section 20, said Flour Bluff & Encinal Farm & Garden Tracts, the West corner of Lot 31, Section 26, said Flour Bluff& Encinal Farm & Garden Tracts, the North comer of Lot 1, Section 25, said Flour Bluff & Encinal Farm & Garden Tracts, for the East corner of the said Lot 8 and this tract; Thence South 29°00'00" West, with the Northwest line of the said Lot 1, the Southeast line of the said Lot 8, the Centerline of Road Field Road, 1320.00 feet, to the West corner of the said Lot 1, the North corner of Lot 16, said Section 25, the East corner of Lot 9, said Section 21, for the South corner of the said Lot 8 and this tract; Thence North 02°26'06" East, with the Centerline of Airline Road, a public roadway, 1475.80 feet, to the Intersection of the said Airline Road and the said Slough Road, the East corner of Lot 7, said Section 21, the South corner of Lot 26, said Section 20, the West corner of the said Lot 25, for the North corner of the said Lot 8 and this tract; Thence, South 61°00'00" East, with the said Centerline of Slough Road, the Southwest line of the said Lot 25, the Northeast line of the said Lot 8, 660.00 feet, to the Point of Beginning, containing 10.00 acres (435,597 Square Feet) of land, more or less. Bearings are based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas. This description was prepared from record information and does not represent a current on the ground Survey. 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. OF 4� "ro% N ° URBAN ENGINEERING KEITH W. WOOLEY \c\ -•%."',p -• : 9 5463 cr : tz- r .7Z. op 5 Soca.• O f.SIAAN Keith W. Wooley, R.P.L.S. License No. 5463 S:1Surveying143015100021OFFICE\METES AND BOUNDS10430150002-10.00Ac ZONING.doc Page of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www,urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Bill Witt City Park ----- COUNTY OF NUECES CITY OF CORPUS CHRISTI ctooROA ' -4k, RO,D B READ C I \ SiteSa -..e pc44 go DE o z w .0 a . ,„ '-\ j )-0 �\ , To LOCATION MAP N.T.S. Lot 26 i Section 20---°,�F/o4� o f v (� 0 CtA a) C3 -I 00 ori N w (0 N p Parcel 8, Tract 2 1 0.338 Acres 60' Wide Strip Vol. 272, Pgs. 230-231— D.R.N R.N.C.T. / 1/ V Lot 9 Section 21 A----A.,o „ vi, R'c° /-0 67.9 v0' /� � a�Q Parcel B, Tract 1 0.278 Acres Vol. 272, Pgs. 230-231, o.R.N.c.T.---A 10.00 Acres 435,597 Sq. o .Z)c oco a c °(z,,q, �45' ,��( 4') 4( CO �� �� � e .t / 93' 0 c,° / ° ems' ora c;,o� / 0 �Q �_ o`vv / J=/ moo / , / o / •o / /(1\/"' / Q e� Qo Q, �" k. / e� Q�= �� o. ocv<0 , �� ^ urbansurveyl©urbaneng.com IA Q/72? ,,o.. -1' s'o'A . N g3 ep• F 66� •00' Ft. 1 / /, /o�J / / p �� ^ry , m . 2S cif,- sect Co `'' ° 2 o''h Fh p 0 17 Tr 7p/ es Co A , pets �tM4o t fps Lot 31, Section 26 dour Huff & Encinal Farm & Garden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas / 0 / 0 / a `( s a� o C/ o e o h co C, O .o �t'0 �O�OL �/� O ^,Q�6 o t,Q �� 0 � �t 0) Q- Exhibit B Sketch to Accompany FIELDNOTES for a 10.00 Acre less, of Lot 8, Section 21, and Garden Tracts, a map Volume A, Pages 41-43, County, Texas. Zoning Tract, more or Flour Bluff and Encinal Farm of which is recorded in Map Records of Nueces DATE: July 31, 2015 SCALE: 1 =200' JOB NO.: 43015.00.02 SHEET: 1 of 1 DRAWN BY: RLG 02015 by Urban Engineering corm? riwiro R/1 . /?(11 S R•1 Clnl S AM r19 URBAN - 2725 — ENGINEERING 1BPE FIRM NO. 145, TBPLS FIRM NO. 1510032400 U78404PHONE•ANTNER DR, 361854.31010RPUW#�URBANENG.00M R \Ci irveyino\4V11 S\Mfl7\742ni 1:1 NAME: 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". Point Development, LLC STREET: 3535 South Staples CITY: Corpus Christi, Texas Zip: 78411 FIRM is: Corporation ° Partnership ° Sole Owner ° Association ()Other Limited Liability Company 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". Job Title and City Department (if known) Name 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. Certifying Person: Frank K. Manning Title: President (Print Name) Signature of Certifying Person: Date: ♦ 5: K:\DEVELOPMENTSVCSVSHARED\LAND DEVELOPMEN1\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.000 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:OCorporation ()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 N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE 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: Rhodes Urban / ^ Title: Authorized agent (Print Name) Signature of Certifying Person. — Date: K:hDEVELOPMENTSVCSISHAREDILAND DEVELOPMENT1APPLICATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC 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 clue tienen la intencion de asistir a este junta v clue reauieren servicios especiales, se les suplica clue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al niumero (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 Ia commission. durante la junta _v su inQles es limitedo, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas aloes -de -la -junta para solicita� un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 u`�E SEF . 7 2C3 � DEVELOPM T SERVV ES SPECIA,, ItVlr:; Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, notresultinpgin a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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: I' t 1)5A-Ct\yis 1 h j QsA-Wpey14- f r u 5` - City/State: 5 CAP i S'\ -t t 7. Address: '6914:r? U-)00.4) ( ) IN FAVOR ( IN OPPOSITION Phone: 3f0\-7 5 4111c a• REASON: Q. ?2S I cAc.a' ad. l newt 41z, 4-.16-s TI`pv 2n SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000051 Sign Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 3 474300020150 MOSTAGHASI INVESTMENT GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 PQS-t � •..fes IRIFCEY ILO WI.S 02 1M $ 00.485 0004287110 SEP11 2015 MAILED FROM ZIP CODE 78412 FR CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property RU.1 Uuldl.mlly 1 RM -2 INWubmIly 2 RU -3 ehrnn.mlly 2 ON Peole..leru' OMe. RY-AT UuRll.mlly AT CN 1 PNlphe.rhaed Corrtm.retal CN -2 iiirsicturOccid Camh.rcil CR 1 R.eartCemm.rclal CIS 2 Ree oil Comm.rp.l CO 1 CO -2 CI CSD CR2 Fp SP Gens.. Commercial Gomm Commercial Wen. r1 Comm.rclal Oornlo.m Corrrm.rcl.l Rosen Commere W Farm Muni Historic Overlap eueln... e.rh 11. Lpht Industrial M FN.rl PUO Mooned Linn per li+«NY RS 10 nlnpl..F.mllV ID Rai SIrpN-F.mlr,e 11545 SIn5Y-F.mlf, SS RSIF Ibe.r.mUY RS I! lup1..F.mlrp 1! PE Re.c4.ntul Blau RS -TN lbrrnhou.. SP Sp.Cul Permit Ry Rocreauonal IMP Ida Pam Ram .I.nul.etur.e Room `41- SUBJECT PROPERTY LOCATION MAP City Cos Chllatk 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 intencion de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al nCimero (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 inctle� res limitado, favor de IIi ‘ al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hoFas un interprete ser presente durante la junta. antes de Ia junta ara sOlki or 11 I CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 SEP 2:15 DEVELOPMENT SE -RACES SPE IAL. SEt3VIL.ES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest comer of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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: 1 r`OSr�� ��s � Jes4,, v\A- iv, Address: 59LOOM t ;cK .„, ?-[OLQ City/State:{\ 5 ( ) IN FAVOR (YON OPPOSITION Phone: -50\-- ? ((c' `1'0a. REASON: Q\) e. t�'25 ‘e,(0--‘Ql �0 11 e �� `�"a `�"I,LS - roTe- QV1�C \J c,��� e ��-- t Sell SEE MAP ON REVERSE SIDE Property Owner ID: 5 HTE# 15-10000051 Signa Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 5 474300020130 MOSTAGHASI INVESTMENT TR GEORGE CONTRACTING 8 DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 5�p Posi- 02 1M ® 14/141 0 14UIN1 $ 00.486 0004287110 SEP11 2015 MAILED FROM ZIP CODE 78412 CGe2 .14, ,' o Jr.COR r FR 400 ‘4,1•fif i.d. 6.11315 rko. /Prejsirld .401 1..Deielopnient SeMces CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property R11.1 Llu1111amIy 1 R132 Yuwl.rnly 2 1W-2 aluellamly 2 GN PIIN.Felen.l Mica RN -AT Ir.RU.mly AT CN -1 N.IOnO.rn..4Commerelal CR .2 Nellnlr.rn..e Cato., 1.1 CR•1 areal Commercial CR 2 CG 1 CG .2 La coo CR .2 FR BP R,..rICommetclal General Ccerromrcla General Comm.rclaI Inun.rr. Commercial Downtown Commercial R..on Commercl.. Ann Rural NINOeC Ge.11ay lua....a Part 11. LphI Intluehl.l 111 twin Indu.P 41 PUO Planned Yoe ClerTWO, RS.10 lingle•F.mlly 10 R34 Single-Feloy0 RSA.0 11rgU•FamIy eA RS. IF Two -Faintly RSdS RInll.-nmIy 1l RE R..Aemlal Evade R. -TN T.wnnw.. S P Spacial Permit By Recreational Vehicle Pan RIl4 Wnul.Clu..tl None rd3 a4 SUBJECT PROPERTY (LOCATION MAP IF BE rrn.n.tin City of Christi 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 iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de Ia 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 junta y su Moles timitado favor .de_llamar departamento de servicios de desarrollo al numero 061 } 826-3240 al menos 48 hora rinTat. de la junta para solid# un interprete ser presente durante Ia iunta. j CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 LI SEPI "ti DEVELOV 'I-NTI 'ER Jl -.ES SPECIAL SERVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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 can or by letter. Printed Name: 'i' CC-A04A CBSi OS+ snit —rt \ISA-- Address: LJ (act ..JOS\GQ (1 k4- City/State:0 ( ) IN FAVOR ( IN OPPOSITION Phone: 361— 76s-- 4 y a& REASON: $\ct_ V e � i de n --1-k I'1 -Q.)1+ A.V.3 "INS 0 In�-S J 1,o111 RA -Cr ec.$-.. S e D -C 1A - SEE MAP ON REVERSE SIDE Property Owner ID: 7 HTE# 15-10000051 too' Signature Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 RS•6 7 474300020190 MOSTAGHASI INVESTMENT T GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 FR CG -2 / 2 c pc "oANICCIIOsrs �.�► ® PIINIYII1ISAr1,5 02 1M $ 00.485 0004287110 SEP11 2015 MAILED FROM ZIP CODE 78412 R r-6 0 FR 400 C -2f0peRt aasre Pttla ..oiie opm m \: v.. 7 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property R1,51 I& Illlamly 1 R4142 11440140,01 2 RI.W M.Rllarnly 1 O N N01414144.41 011044 RAI -AT 1.14411114inely AT CR 1 N•lphber Mod Canm.reul CN -2 rwghemrh..a Camm.r+lal CR 1 11•4411COMOIRCial CR 2 Re.ort C.mm.tC.IA C5 -t Gene r.1COmm.rcl.1 CO.2 General Commercial Cl Mum ve Commercial CBO Dorms.. cisrumemui CR -0 Asian Commercial FM Farm Rural N Historic Overlay B P Rualne.. Para L Light Mamma' M Meavy Inawtllal PUO Punned onn Dr* Ov.rt.y AS 10 Single Family 10 O 04 51npl.-famly 0 004 S 51npu•F.mlly s RS TF Tro-Fam ry RS 11 Olnpu Family 10 RE R4e,4..CaI E444 ItS-TM t *nhouse SP Spocul P.rmf RV Recreation -el kHIIc1. Par. 0000 Al.nulectur.a Nome /SUBJECT PROPERTY 1ILOCATION MAP; City o Corpus Christi 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 y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando at departamento de servicios de desarrollo, al niimero (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_duriug-the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles'. estimitado, favor de !larks()aI departamento de servicios de desarrollo al numero_(361) 826-3240 al menos 48 ho4s'antes de Ia junta para solic t r un interprete ser presente durante la junta. 1 CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0915-06 r li SEP 3 DEVELOPMENT SERVICES SPECIAL SGrIVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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 in_person, by telephone call or by letter. Printed Name: YY\ O54 -Q3 QUI D \)eS vr\e4 t Address: G 9 D D t) ( 1(i� ,Q, City/State: \ O qtRS ati' Phone: 3(o ~ 41\ - to? E t 4a3n6CZ 5e o ko M`e5 ( ) IN FAVOR ( IN OPPOSITION t`` REASON: `lav iw 1_01t Ll et c'c-+ -"A SEE MAP ON REVERSE SIDE Property Owner ID: 8 HTE# 15-10000051 Sign Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 8 474300020140 MOSTAGHASI INVESTMENT T GEORGE CONTRACTING 8 DE 8026 Bar le Doc Dr Corpus Christi, TX 78414 19 /4.M1 I'1TNI.Y ISow1.5 $ 00.485 0004287110 SEP 11 2015 MAILED FROM ZIP CODE 78412 02 9.4 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING ubjoct Property RIM Yunll.mly r R11.2 YuRll.mly 2 R1a-3 ih111NamIy 1 OH Prohallenal OfAc. km -AT AYllll.miy AT CN t Wllhkmhoed Commrrsl.l C11-2 Nelpnoerneod Comma -lc 4l CR.1 Resort Commerckl CR 3 Retort Commnckl CG 1 Genual [ammonia' CO -2 General Commercial CI Wornlr. Commercial CBD Dowmown Comm. tie 0111-7 Raged Commenl.l FR Perm Rural H Nklork Overlay Bp &.Here. Perk 3. Light mdllsvl.l IH Heavy Indwul., WD Punned Von D. D.nl.y 013.10 01n0k-Family 10 1131 Single-F.Inlly 14310 311yk-Femly e.3 R!•Tr Two-F.m 1y Rid! Single-F.mly 10 RE R.nd.ntl. E.tera RSTH Townhouse 1p Special Penn0 ,19 Recreational Nth Lr w Pare RI.11 V4mIr.CIYl.d Nem. � s SUBJECT PROPERTY cMplde eP Citryps oor Co Christi 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, aue tienen la intencion de asistir a esta junta y que requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al niimero (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 listed desea diriqirse a la commission durante la junta y su ingles+ + Itatlo, favor de Ila departarnento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hora -s de la junta para soliEita un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 L U SEP 1 7 2015 I i DEVELOPMENT SER ";CES SPECIAL SERVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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 in-person, by telephone call or by letter. Printed Name: ii l V - -Tr Address: 1p City/State: IDC-ivU eAf-i -k- T:7( ( ) IN FAVOR ()44N OPPOSITION Phone: 3(D.\- --7T- 1449a, REASON: 4cto04C^iL�i �- 1 D h Q- T rN \s �j CD eta �ndZ. Q CSI' SEE MAP ON REVERSE SIDE Property Owner ID: 13 HTE# 15-10000051 Signatu Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 13 474300040010 MOSTAGHASI INVESTMENT TR GEORGE CONTRACTING 8 DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 • bir▪ iVe PITNI. Y ION 02 1M $ 00.486 00042871 10 SEP 11 2015 MAILED FROM ZIPCODE 7841 2 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property RLI t uunll.mlry I RLI S Wllll.mlly 1 RLI4 Yunnarrllry 1 OH Professional Office Ru AT uuRN.mlit AT 01.3 Reiohnorhoed Commerelal CN -1 Ialpneomood Commercial CR.t Resort Commercial CR 1 Resort Commercial CO r Genera Cow. menu! C04 General Commercial G NMnehe Commercial CBO Downtown Commercial CR -1 Resort Commercial FR Farm Ronal N Htslofk0**Rev BP Business Part L Lloht Industrial n e Heavy In44.I le PUb Panned tine Dee. Greeley RS 10 Staple family IS 334 31npMfamll3 B O 74 3 S1np4•Famlle 4J RS- -F IwaFamlry 111.11 Slrryle Family IS RE R.ud.nt al ratala O 5-TH townhouse IP Special Permit Ru Recreational Y.hip. Pam RUH uemalactur.d Home py r�� • SUBJECT PROPERTY crOCATIoN MAP C e,.P.I0.. s City of Cuf Christi �` 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 intencion de asistir a este junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Hernando 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 junta v su inq Cs es limitado, favor de Hamar al de.artamento de servicios de desarrollo al numer. 361 826-3240 al menos 48 u.i' antes de la unta .ar, ici+=r un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 r fLi SE?• _• .d —CO lT JI DEVELOPMEV; c,rR1:JoEs SPECIAL Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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 in_person, by telephone call or by letter. Printed Name: MDSctq 112 S) \A I) es+ u,S Address: 5-1 Wci -13,`?e1A�A .Q, �[ City/State:C (eS ll�t5 - TY 1, r�� ( ) IN FAVOR ( IN OPPOSITION Phone: t 4 - 7 (D S- `t-)- &,D, REASON: c Q Res iC �� Q71_ 10 \s V1 E k� �� ` �5 V'Ogeif k_ t 11 (����T '. \5 sed v G -e 5 SEE MAP ON REVERSE SIDE Property Owner ID: 14 HTE# 15-10000051 Signature Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 S FR 14 474300020180 MOSTAGHASI INVESTMENT TRla GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 z dam. RIM' 02 1M $ OL. -,v" 0004287110 SEP11 2015 MAILED FROM ZIPCODE 7841 2 C 0, - 2 RS -8 RS -6 FR CASE: 0915-06 SUBJECT PROPERTY WITH ZONING EDSubject Property RM.1 WRR.m.y 1 0142 MURR.mlly 2 01.2 UNRRamly S OY P101e..ian.l 011ie. RM.AT MoNR.miy AS CN -1 1141000.0000 Canmelelat CN 2 0010n00rn000 Cemm.rel.l CR -1 Raman Camm.rcNl CR2 knoll COmmncl. CO 1 O.INn Canm.relal C4 2 C.n.ral Comin.reI.I CI Yla.a •e Commarclal CSO Oewntorin CPmm.reial CR -3 Anal Com.lerci.I FR Farm 0.1.1 k 0111orle Overlay 00 0Nalnf.0 Para N. Ligltlnauatrul IN (Navy lnUYnvld MI PIAnn.d UnOO.e Overlay RS 10 111101•F.mly 10 RS4 SIn3Ndamly0 R343 ampl.-Famlly 43 113 TF 1b0•Famly RS IS SIn0l..FemOy 1S RE 0.a 0.0101E41ale RS•TH ibwnhal.. SP Special Permit RV Recrea0onal Ward* Part RIO lNnulaell ..d Name D+FPPDDFFir IF */IF iWllna ay5-Ji#1: ,Lelachnt St'gtllses 4 ri o SUBJECT PROPERTY h N LOCATION MAP p,e WIW. City of Corpus Christi 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 nue recluieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al Humero (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 diriirse a la commission durante la "unta su in les es limitedo- favor de Hamar al de•artamento de servicios de desarrollo al numero 361 826-3240 al menos - c .r. antes de la 'unta • ij •libitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 EV1 !ICES S Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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: M, 1054-Q,9 kqsi iini)Q.54-m ed V 5'` Address: Scireq L,()13,6& le- TVA City/StateCri f S C_.61s 4-1 -15( ( ) IN FAVOR (X IN OPPOSITION Phone: 3M - -7 iloS LI 4./,Dl REASON: ,.) -e, 'es c AeA4ck-t. ,sks A e -X4- -Ay i S -f'07QZ` x•14 1,341.a,V, e *seLi. DS hio,m -es SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 15-10000051 Signature Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O, Box 9277 Corpus Christi, Texas 78469 15 474300020170 MOSTAGHASI INVESTMENT 1 GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 FSP R 'Q'7 • _'ti'' y�1r� 3 111 NI vitt HM`. $ 00.486 02 1M 0004287110 SF_ P11 2015 MAILED FROM ZIP CODE 78412 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Sub/ea EZI Property 11449 Y4NRuwlly 1 8112 .Iuf1amPy 2 8123 WRN..n6y 1 /NI Moh.ofalalgec. RY AT .1.IMf.mlty AT CN 1 NN0/10et0Ml6O C0mm0tCW 01.2 N.108bo, edCoa.m..cW CR -1 R..ett Co.nm..tW 1:011 **SON COmm.tcl.1 CG f Genera CMnm.rt41 COQ O.n.ni CAN sue NW Ct roman. Comm.tt41 COO Oawnlown Comm.tt4r CAPS Merl Ceavmttwl 114 TAN. Rural N 166t0441 O..rt.y B P Ou.44... Pott 8 TAPP dl0uww W Owens tnANNlt41 P 00 9.04w00.00.. O...Ny 81 40 O1n8h•ian.Ny 10 13 0 61606$6161N0 N SA a 01n0N i..n0y 0 0 R3 -TT tWPr.mlty R• 11 01001. Fame, 13 AC R..W..aASCau* 13.144 TINAlthOsolst SP ***CNA P.ttnO 1N Reu.0110ru11h1.IC/. Pa.O R.IN W.wfe.twfd Mom. c..•p1O.. PROPERTY (LOCATION MAP) .M/ City or Corpus Chrlsu 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, clue tienen la intention de asistir a esta junta y clue requieren servicios especiales, seles suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al nirmero (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 i meeting. Si usted desea dirigirse a la commission durante la junta y su inqjes es l mitado. favor de Hamar al departamento de servicias de desarrollo al nurnero (361 ) 826-3240 al_menos 48 horas_aritWde la_junta para solicit un interprete ser presence durante la junta. : ; ) CITY PLANNING COMMISSION SEP 7 2015 JS PUBLIC HEARING NOTICE i DEVELOPMENT SERVICE Rezoning Case No. 0915-06 SPECIAL SERVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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: KDSA-Ct YRS( I \ 0 e5+)Vt \ it5+- Address:5 g a9 (..J3063,& & CityIState:G.'i ( ) IN FAVOR (.)IN OPPOSITION Phone: 3 (Q.\ - 7(F - £M43 a REASON: .4Q\3 '51 O/421� �i L �I `�43?„-,s '7d'p11 w i 11 q rC-C ell DS- h Dlme,5 SEE MAP ON REVERSE SIDE Property Owner ID: 16 HTE# 15-10000051 Signature Case No, 0915-06 City Contact: Bob Payne Ti City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 16 474300020160 MOSTAGHASI INVESTMENT T GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 .kP P°6)- Ez4 (14,71t. ® IBTNII.V BOWLS 02 1M $ 00.486 000 4287110 SEP 11 2015 MAILED FROM ZIP CODE 78412 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property Ru•1 Yulel.mly 1 RY.3 uemeamly 2 111-7 YuRRamly 3 ON Prelnaiana:OMc. RYTAT IWRllamly AT CM 1 Neighborhood Commercial CM T Neignuerwood Commercial CR 1 Resort Commercial CR I CO1 CO -7 CI CBO 011-3 FR RP Resort Commercial G emmel Commercial General Commercial hmtanalr. Commercial Downtown Commercial Komori Commercial km Ran I1I11.I1C Or1rla, B ushmen park R. Light Industrial RI Keary Industrie PO0 Planned One D.. ar.rhmy RS 10 SInpI. Famly 10 R34 SinglfamM, 11545 Srn01a-F.mlry 4.1 RS TT Tow Venlig RS 11 Single-P.mly 11 RE Resid.ntla l F.bia RS•TH Townhouse SP Special Perms RV RecnatYOal venal. Park RYM Yanubcturew Mome SUBJECT AaL PROPERTY [LOCATION MAP; ctir CityCoof Christi 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 intencion de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 floras 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 in erpreter be present duringtbe_ meeting. Si usted desea dirigirse a la commission durante la Junta y su ingles kltrrritado. favor de Ilamer departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horass pirates de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 I SE -12' !*1 2 DEVELOPMENT SERVICES SPECIAL SERVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. 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 23, 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: to 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 in_person, by telephone call or by letter. Printed Name: DA. D5 t Address: 5 ( :_.3 e006 �(Z� 2, City/State:D[ ( ) IN FAVOR ( N OPPOSITION Phone: t" ? Lk7'c REASON: rdQe,/0-� -t \ods h tom` \5 -pmv.e. \I \ Sel‘ Ivo SEE MAP ON REVERSE SIDE Property Owner ID: 22 HTE# 15-10000051 Signatu Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 4 22 474300020120 MOSTAGHAS1 INVESTMENT T GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 •7( FR CG.2 SPP '-- ' _'°►e PI1N1'Y Iil24YL5 02 1M $ 00.485 0004287110 SEP11 2015 MAILED FROM ZfPCODE 7841 2 RS -6 I R S . 6 FR I !C CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property Ru -1 f0lllllalnlly 1 001.2 4WRN.rnlly 2 011.2 41uNd.mlly1 014 Pror...Iom IOlrlce IW.AT 4161I0.mlly AT CN 1 Neighborhood Comm ereml CN? NelOnbarnaod Commercial CR t Resort Commercial CR CGI [G3 CI EBO CR.2 FR N BP noon Commercial General Commercial Genera Commercial Maim re Commercial Dammam, commercial nomad Commercial Fenn Rum Rlaorlc Overlay ilualm.e Park N. Light lneu.o-yl N Neely Industrial PITO PI.nmd one De. 0+w41y RS -10 Single Family 10 Asa 11I664-F.mIIy S R5.45 13Jrgle•Ferelly..5 RS vF 4esFaml5 R5•111 SI,SI.-Famly IS RE Re..drldal E.hy 315.TN Townhouse 56 Special Parma Ry Rscrea5enallithicle Pak 1013 LYnulaelured None 'barc d _Y^� / 'Pelpleme o�+wwRyse r rropyajenr S succi LC 013 Lu 4 Y 104. SUBJECT PROPERTY '.LTION MAP Crew WO.. e1 City of Ch�ti Aerial Overview Aerial 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: October 15, 2015 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 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 hourly rate of $175 per hour, not to exceed $7,000 per month, 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: The Environmental & Strategic Initiatives Interim Department Director is in concurrence with this request. 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 $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. Resume 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 rate of $175 per hour, capped at $7,000 per month, 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 TIMOTHY L. BROWN Telephone: (512) 371-7070 Facsimile: (512) 579-3616 EMail: tlbrown@tlbrown.com; tbrown@sledgelaw.com 919 Congress Avenue, Suite 460 AUSTIN, TEXAS 78701 Water law, including surface water rights and groundwater, legislation and Water Districts, both ground and surface water districts. Tim Brown, born Chicago, Illinois, July 18, 1940, and grew up in Corpus Christi and graduated from W.B. Ray High School; admitted to the Bar, 1966, Texas; also admitted to practice before U.S. Court of Appeals, Fifth Circuit; U.S. District Court, Southern, Eastern and Western Districts of Texas. Preparatory education, Del Mar College (A.A., 1960); University of Texas (B.A., 1962); legal education, University of Texas School of Law (LL.B., 1965). Planning Committee, University of Texas, 2005-2015. Program Coordinator, Texas Water Law Conferences, CLE International, 2002-04; CLE International, Law of the Rio Grande conference, currently Texas host to conference and planning committee 2014-2015. Speaker: "Judicial and Legislative Activity in Texas," CLE International (2011); "History of Texas Water Laws," CLE International (2010); "Statewide Groundwater Issues," CLE International (2010); "Management and Administration of Ground and Surface Water in Texas," CLE International (2009); ARecreational Amenity Ponds B When Groundwater and Surface Water Law Collide,@ Texas Water Law Institute (2008); AGroundwater and Surface Water, Legal Principles,@ CLE International (2008); Water Legislation from the 80th Legislative Session,@ Texas Water Law Institute (2007); "Conversion of the Rio Grande Water," CLE International (2007); "Water Law and Issues Relating to Small Reservoirs and Stocktanks," Texas Water Law Institute (2006); "A Primer For Understanding Texas Water Law" and "Is There a Watermaster in Your Future?" Lorman Educational Services (2006); "Evolution of Water Availability Determinations," Texas Water Law Institute (2005); "Transition of Agricultural Water to Municipal Uses in The Rio Grande Basin," Law of the Rio Grande Conference, CLE International (2004); "Limits on a Groundwater District's Ability to Regulate," Texas Water Law Institute (October 2002); "A Review of the Development of Texas Water Law," CLE International (October 2001; May 2002; October 2002); "Groundwater Districts: Ethics, Travel and Expenses, Investment, Professional Services Procurement, Personnel, Litigation, and Records Management Considerations," Texas Groundwater Legal Defense and Education Fund (August 2001); "Development of Groundwater Regulation in Texas and Acts of the 77th Legislation," CLE International (June 2001); "Development of Groundwater Regulation in Texas," Texas Rural Water Association and Texas Water Conservation (2001); "Overview of Texas Water Rights: A Review of the Development of Texas Water Law and Current Issues," CLE International (October 2000); "Evolving Policies for Groundwater Management," Texas Water Law Institute (September 2000); "Overview of Texas Water Rights and Case Law Update," CLE International (May 2000); "The Murky Law on Interbasin Water Transfers," 14 Texas Lawyer, No. 8, p. 32; "Regulatory Takings: The End Does Not Justify The Means," CLE International (November 1994); "The Ebb and Flow of Texas Water Rights," CLE International (November 1993). Member: Austin Bar Association; State Bar of Texas (Administrative and Public Law Council, 1976-06; Chairman, 1981-82; 1986-87). Commodore, U.S. Coast Guard Auxiliary, ret. (Former Department Chief, Legal Affairs). Texas Water Rights Commission; 1966-1979, General Counsel; Assistant Attorney General, 1979-1983. Chief, Environmental Protection Division; Private practice, 1984-1999; Sole practitioner, 1999-2014, Merged with Sledge Law, 2015 to date. 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 (version 2) 2. Andy Taubman Document version 2.2 3. Taubman Version 2.2 with Staff Comments 4. 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 9 members, with each member appointed by one City Council Member, to be ratified by the Mayor. C. The committee members shall be City of Corpus Christi residents. D. The committee shall be subject to the Texas Open Meetings Act. E. The committee members shall not have a conflict of interest. F. The chairperson of the committee will be appointed by the majority of the committee. 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: 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. Other Questions? Other Documents to incorporate? 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 INFRASTRUCTURE COMMITTEE PLAN October 12, 2015 DRAFT ver 2.2 Page 1 1 The City of Corpus Christi has a street reconstruction problem that is substantially larger than the money we have and will probably not be completely addressed within a generation. Hence, the current goal is to start the process of fixing the streets even though there is complete agreement that the work will never be finished. If we intend to spend nothing on the project, then nothing more should be done. However, it is very likely that $10 to $20 million per year will be allocated to street reconstruction. It is precisely because these are small amounts in relation to the total need that issues of efficient spending and prioritization become so important. Repairing the streets has an engineering component, an accountability component, and an information sharing component. Each of these elements must be assessed; some may be improved. In no way do we engage in this task to pass judgement on current street efforts. This is a process of evolutionary progress. What is necessary is a plan. The process of making the plan vets ideas so that good ones can be elevated and bad ideas discarded. It provides complete and coherent consideration of the activity with assignment of responsibilities. It allows City Council, City Staff, contractors, and taxpayers to be on the same page with regard to the cost and the expected results. Any plan must be specific, actionable, and produce tangible results. The plan is not a forever thing; it will change based on a variety of factors and for good reasons. This is healthy and does not invalidate the need for a plan. Planning starts by looking at the recent activities. It is the right starting point because one presumes these current activities reflect the current understanding that exists within the City with respect to engineering, accountability, and information sharing. I presume that because this discussion solely relates to well defined street activities that have already occurred, that the impact on City Staff will be negligible because the information is at their fingertips. Irrespective of any additional funding for any street related project, the City should benefit from this review because the City already spends significant amounts on street construction and maintenance. However, this largest impact occurs in the near future when tens of millions of new funding is committed for reconstruction. The most important aspect of planning for this expansion of street activity is for City Staff to specifically propose what gets done with new dedicated street reconstruction budget. I propose that City Staff plan for only one year ahead. By doing so, it is not a waste of resources, because if any funding is to occur, virtually everyone agrees that near-term planning is a necessary first step. The quality and efficiency of their plan will be judged on its own merits, and the exercise itself will likely cause improvement. I submit this to the City Council as the charging document to define a course of action for the Infrastructure Committee, City Staff, and City Council. I have met with many, many stakeholders in the street process, and this incorporates the valuable feedback that I have received. It remains an open document to be improved. We will showcase the successes before asking for new money from the taxpayers. We will fix what is wrong before scaling -up processes to ensure that tens of millions of dollars are spent wisely. Faithfully submitted, Andy Taubman INFRASTRUCTURE COMMITTEE PLAN Deliverables of the Infrastructure Committee DRAFT ver 2.2 Page 1 2 1. Information communications standard for overall City streets a. GIS map of City streets that link to the following if they exist: i. Information related to last repaving (e.g. when, who) ii. Current condition of surface iii. Current condition of utilities/subsurface iv. Current maintenance/reconstruction workplan v. Budget for maintenance/ reconstruction workplan vi. Estimated timing for maintenance/ reconstruction workplan vii. Log of street cuts by third parties viii. Log of last documented review (e.g. automated evaluation) ix. Log of key dates (e.g. warranty expiry) x. Log of Out of Cycle repairs (e.g. pothole repair) xi. Inventory of street characteristics that match potential variance options b. Publish all reporting described herein, and roll -up report of Project Units activities 2. Reporting with respect to future direct street work a. Street acceptance and documentation standards b. Budget variance analysis standards c. Change order documentation and process standards d. Sources and uses of funding report standards e. Check register from dedicated funds 3. Reporting with respect to future indirect street work a. Overhead allocation report standards b. Street repair worklist (e.g. out of cycle maintenance) standards c. Street repair cost (e.g. out of cycle maintenance) standards 4. Decision support methodology a. Review street engineering standards and understand variance options b. Identify assumption in -field checklist/activities to minimize maintenance becoming reconstruction or other errors immediately prior to letting contract for street work c. Methodology and criteria for upfront cost v. lifecycle cost for decision making between paving methods d. Develop standard costing model to set standards (e.g. cost per foot per type of material). Periodic update to reflect market cost and current contract pricing e. Identify potential new contractor / engineer / service provider options f. Identify and catalog factors other than PCI which might change prioritization of street activity INFRASTRUCTURE COMMITTEE PLAN DRAFT ver 2.2 Page 1 3 5. Inventory of current street projects currently active within the City a. Bond program b. Maintenance program c. Reconstruction program d. Identify third party, inter -departmental, or indirect dependencies 6. Review of recent street maintenance / reconstruction a. Financial accounting for expenditures since program start / review of dedicated fund expenditures b. Publication of completed work description c. Review of contracting methods and outcomes d. In -field sample review of completed work 7. Miscellaneous a. Design elements of dedicated fund for street reconstruction b. Outreach to internal and external utilities to make sure they are in the loop City Council will direct staff to prepare the following: 1. Detailed spending plan for existing street maintenance program: a. Next year's budget for street maintenance is approximately $11 million b. For any work associated with the amount of funds described immediately above, identification of logical street segments that need to be serviced as a single project, each one being a "Project Unit" c. Assessment of current condition surface. Assessment of underground utility condition and requirements d. Detailed, written lifecycle plan for each Project Unit e. Budget for execution of each Project Unit including estimate of all hard costs, soft costs and overhead and designation as insider or outsider payments f. Timing / ordering of project within queue g. Proposed contracting plan 2. Detailed spending plan for future street reconstruction: a. Assume a newly created $10 to $15 million fund for one year of street reconstruction b. For any work associated with the amount of funds described immediately above, identification of logical street segments that need to be serviced as a single project, each one being a "Project Unit" c. Detailed, written reconstruction plan for each Project Unit d. Budget for reconstruction of each Project Unit including estimate of all hard costs, soft costs and overhead and designation as insider or outsider payments e. Proposed contracting plan f. Future maintenance requirements for newly reconstructed streets INFRASTRUCTURE COMMITTEE PLAN October 12, 2015 DRAFT ver 2.2 STAFF COMMENTS GREEN — Staff Recommendation RED — Staff's information The City of Corpus Christi has a street reconstruction problem that is substantially larger than the money we have and will probably not be completely addressed within a generation. Hence, the current goal is to start the process of fixing the streets even though there is complete agreement that the work will never be finished. If we intend to spend nothing on the project, then nothing more should be done. However, it is very likely that $10 to $20 million per year will be allocated to street reconstruction. It is precisely because these are small amounts in relation to the total need that issues of efficient spending and prioritization become so important. Repairing the streets has an engineering component, an accountability component, and an information sharing component. Each of these elements must be assessed; some may be improved. In no way do we engage in this task to pass judgement on current street efforts. This is a process of evolutionary progress. What is necessary is a plan. The process of making the plan vets ideas so that good ones can be elevated and bad ideas discarded. It provides complete and coherent consideration of the activity with assignment of responsibilities. It allows City Council, City Staff, contractors, and taxpayers to be on the same page with regard to the cost and the expected results. Any plan must be specific, actionable, and produce tangible results. The plan is not a forever thing; it will change based on a variety of factors and for good reasons. This is healthy and does not invalidate the need for a plan. Planning starts by looking at the recent activities. It is the right starting point because one presumes these current activities reflect the current understanding that exists within the City with respect to engineering, accountability, and information sharing. I presume that because this discussion solely relates to well defined street activities that have already occurred, that the impact on City Staff will be negligible because the information is at their fingertips. Irrespective of any additional funding for any street related project, the City should benefit from this review because the City already spends significant amounts on street construction and maintenance. However, this largest impact occurs in the near future when tens of millions of new funding is committed for reconstruction. The most important aspect of planning for this expansion of street activity is for City Staff to specifically propose what gets done with new dedicated street reconstruction budget. I propose that City Staff plan for only one year ahead. By doing so, it is not a waste of resources, because if any funding is to occur, virtually everyone agrees that near-term planning is a necessary first step. The quality and efficiency of their plan will be judged on its own merits, and the exercise itself will likely cause improvement. I submit this to the City Council as the charging document to define a course of action for the Infrastructure Committee, City Staff, and City Council. I have met with many, many stakeholders in the street process, and this incorporates the valuable feedback that I have received. It remains an open document to be improved. We will showcase the successes before asking for new money from the taxpayers. We will fix what is wrong before scaling -up processes to ensure that tens of millions of dollars are spent wisely. Faithfully submitted, Andy Taubman INFRASTRUCTURE COMMITTEE PLAN Deliverables of the Infrastructure Committee DRAFT ver 2.2 Page 1 2 1. Information communications standard for overall City streets NOT RECOMMENDED FOR AD HOC COMMITTEE: CURRENTLY BEING WORKED ON BY STAFF. Although not a part of the Residential Reconstruction program, a total, comprehensive, street data base is a valuable tool and currently a goal of the Street Operations Department. Development of this data base is an extensive process and will take significant time and coordination. Some of the information identified below is maintained by the Street Operations Department and will be incorporated into, or linked to, GIS as part of the recently approved Automated Pavement Condition Index (PCI) Survey contract. a. GIS map of City streets that link to the following if they exist: i. Information related to last repaving (e.g. when, who) • City staff is currently working towards incorporating this information into the City's work management software (Maximo). ii. Current condition of surface • This information is kept within the City's PAVER database. iii. Current condition of utilities/subsurface • Utilities department maintains records of utilities infrastructure conditions. iv. Current maintenance/reconstruction workplan • Approved Street Preventative Maintenance Program (SPMP) workplan locations are maintained in GIS. • Bond projects are also in the City's Geographic Information System (GIS). v. Budget for maintenance/ reconstruction workplan • Monetary/budget information is currently not an attribute within GIS. vi. Estimated timing for maintenance/ reconstruction workplan • Scheduling of Bond projects is maintained in the City's Project Management System. • Scheduling of contracted maintenance is at the discretion of the contractor. • Reactive work by City staff is maintained in the Maximo system. vii. Log of street cuts by third parties • Development Services maintains records of third party street cuts as part of the permitting process. viii. Log of last documented review (e.g. automated evaluation) • Street inspections for PCI purposes are recorded daily in the PAVER system. ix. Log of key dates (e.g. warranty expiry) • This information is maintained by Engineering Services. x. Log of Out of Cycle repairs (e.g. pothole repair) • This information is maintained in the Maximo system. xi. Inventory of street characteristics that match potential variance options • Factors which can impact the variability of work performed on streets, such as PCI scores and underlying utility conditions, may eventually be available on the GIS maps as the comprehensive data base is developed. INFRASTRUCTURE COMMITTEE PLAN DRAFT ver 2.2 Page 1 3 b. Publish all reporting described herein, and roll -up report of Project Units activities • This is a valuable information systems project, but integrating different information systems is long-term in nature. • Public access to the GIS data base is available at www.cctexas.com/customer-service- center/maps . 2. Reporting with respect to future direct street work NOT RECOMMENDED FOR AD HOC COMMITTEE: CAN BE EVALUATED DURING THE PROPOSED ENGINEERING SERVICES (ES) DEPARTMENT EFFICIENCY & EFFECTIVENESS ASSESSMENT. All activities are currently addressed by City standards and Codes. These processes can be further evaluated by the ES Assessment. a. Street acceptance and documentation standards • Development Services has standards for construction which are published in the Unified Development Code (UDC). • Engineering Services performs inspections to confirm that contractors are following construction standards and are meeting project plans, specifications, terms and conditions. • Progress payments are authorized on all City contracts per local government code and retainage is withheld until acceptance of the project. • Performance and Payment bonds are executed to guarantee completion of projects and protection of payments to all suppliers and subcontractors. • A minimum one year warranty period is established upon substantial completion of a project. • Warranty inspection occurs approximately 30 days prior to expiration of the warranty. b. Budget variance analysis standards • Both Engineering Services and Street Operations continuously perform analyses regarding project budget versus project execution. c. Change order documentation and process standards • Change order documentation and process standards are set by law. • Council recently approved changes to a policy regarding reporting of Change Orders. This includes quarterly reporting of all change orders as well as immediate reporting of any Change Order authorized by the CM which exceeds 75% of a project Contingency. • The City follows all regulatory requirements regarding Change Orders. d. Sources and uses of funding report standards • The use of funds from various funding sources is set by law. • The City follows all regulatory requirements in regards to the use of funds. • Special Revenue Fund 1041 is dedicated to street maintenance. • Special Revenue Fund 1042 is dedicated to residential street reconstruction. • Bond projects are funded by citizen -approved Bonds, and paid for through property tax revenues. • Utilities work is funded through utility rates. • Other projects are funded through General Obligation bonds and are paid for through property tax revenues. e. Check register from dedicated funds • Check registers are available at www.cctexas.com/government/financial-services/check- registers . INFRASTRUCTURE COMMITTEE PLAN DRAFT ver 2.2 Page 1 4 3. Reporting with respect to future indirect street work NOT RECOMMENDED FOR AD HOC COMMITTEE: CAN BE EVALUATED DURING THE PROPOSED ENGINEERING SERVICES (ES) DEPARTMENT EFFICIENCY & EFFECTIVENESS ASSESSMENT. The City's budget process establishes the overhead costs associated with administration of maintenance efforts. Staff adheres to City policy regarding management of budgets and development of the General Fund budget which is approved by Council. "Out of cycle" maintenance as a result of premature failures is not currently funded. "Out of cycle" maintenance as a result of recurring failure is funded out of Street Operations. a. Overhead allocation report standards • Engineering Services budgets a standard percent for overhead on construction projects and manages the projects to control these costs within the budgeted amount. b. Street repair worklist (e.g. out of cycle maintenance) standards • Currently, the City's Call Center takes calls from citizens citywide and generates work orders in the City's Maximo work management system for "out of cycle" (reactive) work. • Street Operations assesses the work orders and prioritizes them according to need. • Reactive work performed by Street Operations staff is performed as resources and conditions warrant. c. Street repair cost (e.g. out of cycle maintenance) standards • Currently, "out of cycle" maintenance (reactive work) is tracked in Maximo. • Work orders document the cost associated with each job. • Departmental reactive work is budgeted in the Street Operations Department. 4. Decision support methodology RECOMMENDED FOR AD HOC COMMITTEE. Currently, many of the items below are performed by staff. However, review and recommendations by the Residential Street Reconstruction Ad Hoc Committee may be of value. a. Review street engineering standards and understand variance options • The City's " Standard Construction Specifications PDF Package" is available at http://engineercc.com/Processes/Standard Specifications. b. Identify assumption in -field checklist/activities to minimize maintenance becoming reconstruction or other errors immediately prior to letting contract for street work • Until pavement is actually removed, it is impossible to know with 100% certainty the underlying condition of the base and sub -base of a street even with testing. • Of the approximate 200 streets that have been completed under the SPMP, five (5) streets have resulted in more extensive repairs due to unanticipated base and subgrade conditions. • Budgeting for contingencies or allowances is standard procedure due to the uncertainties of site conditions. • The recently approved Automated PCI Survey contract will provide a timely and accurate snapshot of current city street conditions. • Certain situations such as excessive rainfall can cause a street in Fair condition to decline precipitously. The City is implementing changes within the SPMP program to require more testing (coring) of streets prior to maintenance work INFRASTRUCTURE COMMITTEE PLAN DRAFT ver 2.2 Page 1 5 beginning. c. Methodology and criteria for upfront cost v. lifecycle cost for decision making between paving methods • At Council's request, Engineering Services is bidding Bond street projects for both Hot Mix Asphalt Concrete (HMAC) and Concrete. • Construction contracts will be awarded to the lowest responsible & responsive bid, regardless of the pavement material. • Engineering Services is currently assessing the lifecycle maintenance costs of concrete versus HMAC for cost analysis purposes. d. Develop standard costing model to set standards (e.g. cost per foot per type of material). Periodic update to reflect market cost and current contract pricing • Materials costing is volatile; a standard costing model to establish cost per foot, for example, would be fluid and based on market conditions. • Proper estimation is essential. • Cost per square foot by material cannot be universally applied to all projects because it does not take into account subsurface conditions and other factors. • Engineering Services routinely compares bid amounts to existing/previous contracts and TxDOT or other cities' pricing information to be used for estimating future project costs. e. Identify potential new contractor / engineer / service provider options • The City currently posts RFQs and RFPs on CivCast in order to maximize exposure and increase the number of entities available to provide responses. • CivCast is a web -based purchasing system that can be accessed by anyone with an Internet connection. • Additional suggestions for bringing in new contractors could be a valuable product. f. Identify and catalog factors other than PCI which might change prioritization of street activity • Many factors are involved in evaluation of streets for either reconstruction or maintenance. PCI score is only one aspect of the evaluations. • The selection criteria matrix for bond projects has been approved by City Council. • The selection criteria (guiding principles) for SPMP candidate streets has been approved by City Council. • The Transportation Advisory Commission (TAC) recently developed an update to the existing bond street selection matrix. 5. Inventory of current street projects currently active within the City NOT RECOMMENDED FOR AD HOC COMMITTEE: CURRENTLY PERFORMED BY STAFF. This inventory of information is similar in nature to the comprehensive street data base requested and described in Item #1. It is not directly associated with the Residential Reconstruction program, but is a goal towards which the Street Operations Department is working. a. Bond program • Inventory kept in City's Project Management Software • Reported on Engineering Services website (http://engineercc.com) b. Maintenance program • Inventory on SPMP maintained in GIS • Reported on SPMP webpage (www.cctexas.com/government/street- INFRASTRUCTURE COMMITTEE PLAN DRAFT ver 2.2 Page 1 6 operations/preventative-maintenance-spmp) c. Reconstruction program • Inventory kept in City's Project Management Software • Arterial/Collector streets reported on Engineering Services website d. Identify third party, inter -departmental, or indirect dependencies • Project management involves identifying impacted third parties. • Project design requires identification of impacted departments. • Traffic control plans are one method in which indirect impacts are assessed and addressed. 6. Review of recent street maintenance / reconstruction NOT RECOMMENDED FOR AD HOC COMMITTEE: CAN BE EVALUATED DURING THE PROPOSED ENGINEERING SERVICES (ES) DEPARTMENT EFFICIENCY & EFFECTIVENESS ASSESSMENT. . City departments are responsible for management of their operating budgets. The budget for the SPMP (maintenance) is part of Street Operation's operating budget. a. Financial accounting for expenditures since program start / review of dedicated fund expenditures • The SPMP is budgeted within its own unique division and expenses and revenue associated are used only towards the program. • Street Operations Department closely monitors execution of the SPMP program against program budget and tracks expenditures. • Engineering Services manages projects for execution within their budgets. b. Publication of completed work description • Engineering Services updates the status of Bond projects on its website quarterly. • Street Operations updates the status of SPMP annual work plans on its webpage monthly. c. Review of contracting methods and outcomes • Engineering Services utilizes many procurement strategies to achieve the best result for the City, i.e., tradition Design -Bid -Build, Design -Build, Indefinite Delivery Indefinite Quantity (on-call services), and Construction -Management -At -Risk. d. In -field sample review of completed work • Although actual construction inspection is done by Engineering Services, Street Operations does monitor completed work. • The City uses TxDOT specifications and quality control (or similar) for Bond projects. 7. Miscellaneous a. Design elements of dedicated fund for street reconstruction • The Financial Policies Resolution which approved as part of the annual Budget Process identifies sources and amounts of funds for the Residential Reconstruction Special Revenue Fund 1042. • Currently identified sources of funds include the General Fund and Industrial District revenues. • A scheduled contribution of $1 Million per year from the General Fund for a period of three years was initiated in Fiscal 2015. • Beginning in Fiscal 2016, 5% of the revenue from the Industrial District will be contributed to Fund 1042. • In Fiscal 2021, one third of one percent (.33%) of General Fund revenue (less Grants and INFRASTRUCTURE COMMITTEE PLAN DRAFT ver 2.2 Page 1 7 Industrial District revenues) will be contributed to Fund 1042. • In Fiscal 2022, two thirds of one percent (.66%) of General Fund revenue (less Grants and Industrial District Revenue) will be contributed to Fund 1042. • In Fiscal 2023, one percent (1%) of General Fund Revenue (less Grants and Industrial District Revenue) will be contributed to Fund 1042. b. Outreach to internal and external utilities to make sure they are in the loop • Coordination with all utilities is standard operating procedure for both Bond projects and the SPMP. • This coordination takes place both in the design phase and the construction phase. City Council will direct staff to prepare the following: 1. Detailed spending plan for existing street maintenance program: NOT RECOMMENDED FOR AD HOC COMMITTEE: CURRENTLY PERFORMED BY STAFF. The SPMP, begun in January 2014, performs planned maintenance on streets in good condition. The procurement mechanism for this program is an Indefinite Delivery Indefinite Quantity (IDIQ) contract. IDIQ contracts are used to maximize flexibility for both the City and the contractor(s) in that a contract for work of a specific nature is executed, without defined schedules and quantities. IDIQ contracts work well for preventative maintenance in that site conditions and weather constraints can have a significant impact on the actual execution of the project. As well, IDIQ contracts minimize administrative and engineering costs. As a refinement to the SPMP, the City is now tracking costs on a street by street basis. a. Next year's budget for street maintenance is approximately $11 million • $11 Million is the budgeted Street Maintenance Fee revenue. b. For any work associated with the amount of funds described immediately above, identification of logical street segments that need to be serviced as a single project, each one being a "Project Unit" • As per City Ordinance, the annual SPMP Work Plan is developed and brought to Council for approval. • The SPMP is being revised to track costs by street. c. Assessment of current condition surface. Assessment of underground utility condition and requirements • Street selection for the SPMP is based on six Council approved Guiding Principles, of which PCI score is one element. • Utilities departments review and assess the candidate SPMP streets prior to finalization of the work plan. • Streets identified as having utility concerns are not included in the work plan. d. Detailed, written lifecycle plan for each Project Unit • The City has adopted a 7-14-21-30 lifecycle program. • There is currently a lack of sufficient funding to properly implement this lifecycle based program. e. Budget for execution of each Project Unit including estimate of all hard costs, soft costs and overhead and designation as insider or outsider payments • The SPMP uses an IDIQ procurement strategy for flexibility and cost management. • Budgeting and planning is on a "Delivery Order" basis, not a street -by -street basis. INFRASTRUCTURE COMMITTEE PLAN DRAFT ver 2.2 Page 1 8 • The SPMP program is budgeted within its own org (12415) and all hard and soft costs as well as overhead are identified within the budget. f. Timing / ordering of project within queue • Timing and/or ordering of work within a Delivery Order is at the contractor's discretion. • Delivery Orders are formulated to make best use of time and materials. • Streets within a Delivery Order are identified by proximity and square yardage to ensure a proportionate distribution of work across the Delivery Orders and within the budget. g. Proposed contracting plan • Street Operations currently works with Engineering Services regarding contracting for services for the SPMP. • The contracting plan is based on City needs. • A/E contracting for work plan / delivery order development is performed annually. • Rebid of construction services is determined based on current contract terms, market opportunities, and contractor performance. 2. Detailed spending plan for future street reconstruction: RECOMMENDED FOR AD HOC COMMITTEE. We believe Mr. Taubman is referencing a Residential Street Reconstruction program in this item. Staff has not yet developed this program. Development of the program and street selection criteria is well within the purview of the Ad Hoc Committee. Taking a neighborhood perspective may be necessary in order to address drainage issues across drainage basins. This program development is question number B.4 of the Draft Resolution. a. Assume a newly created $10 to $15 million fund for one year of street reconstruction b. For any work associated with the amount of funds described immediately above, identification of logical street segments that need to be serviced as a single project, each one being a "Project Unit" • This can be addressed by the Committee. c. Detailed, written reconstruction plan for each Project Unit • Development of a detailed, written reconstruction plan for each street segment will require the expenditure of funds in advance of the availability of reconstruction funds. • A reconstruction plan will require testing, design, utility condition assessment, etc. • Given current staffing conditions, this work would need to be contracted out. • Funding sources would have to be identified in order to accomplish this task before construction contracts can be let. d. Budget for reconstruction of each Project Unit including estimate of all hard costs, soft costs and overhead and designation as insider or outsider payments • Development of a detailed, written reconstruction plan for each street would routinely include development of a budget which covers all of the above items. • It is not cost effective to perform the detailed planning and design above until a funding level and source has been clearly identified and assigned. e. Proposed contracting plan • This can be addressed by the Committee. f. Future maintenance requirements for newly reconstructed streets • This can be addressed 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: October 22, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14 to support the Emergency Medical Service (EMS) operation. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14; and appropriating $2,978.14 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. PURPOSE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a check as a grant in the amount of $2,978.14. This is a direct grant for the benefit of the City's Emergency Medical Service (EMS) operations. No application was required. The EMS Division will purchase ten Pet CPR Masks, six Bike Medic Radio Headsets and six Bike Medic uniform shorts and shirts. This is the fifteenth year the Coastal Bend Regional Advisory Council has distributed similar grants. These funds originated from the Texas Department of State Health Services and are routed to the Coastal Regional Advisory Council for distribution. Every Emergency Medical Services agency within the twelve county Coastal Bend who is actively participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Financial Services Office of Management and Budget 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 Encumbered / Expended Amount This item $2,978.14 $2,978.14 BALANCE $2,978.14 $2,978.14 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $2,978.14. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14; and appropriating $2,978.14 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. SECTION 2. That $2,978.14 is appropriated in the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. 1 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 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: September 29, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from Exxon Mobil Corporation in the amount of $1,500.00 as a grant to support the Corpus Christi Fire Department. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program"; and appropriating $1,500 from Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. PURPOSE: Each year Exxon Mobil Corporation gives out grants through its "Good Neighbor Program" to public safety agencies in their community to show its appreciation. This year it has awarded the Corpus Christi Fire Department $1,500.00 to be used specifically to purchase any equipment and/or supplies what will directly benefit firefighters. With this intent the Fire Department will purchase "High Angle Rope Rescue Equipment". The grant was unsolicited. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget 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 $1,500.00 $1,500.00 BALANCE $1,500.00 $1,500.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $1,500.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program"; and appropriating $1,500 from Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a donation from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program". SECTION 2. That $1,500 is appropriated in the No. 1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. 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 October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: 9/18/2015 TO: Ronald L. Olson, City Manager FROM: Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com (361)826-3464 Retired Senior Volunteer Program (RSVP) grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal, State and local grants, along with matching funds that must be appropriated each year. This amount of $3,000.00, is additional Federal funding for the three year contract. The Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the previous grant period (7/1/2014-6/30/2015) and fiscal year 2014-2015, 300 enrolled volunteers contributed 47,000 hours through 40+ different non-profit organizations such as: CASA, The Food Bank of Corpus Christi, KEDT TV, the VA Clinic, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item (transfer) This item (grant) $3,000.00 $3,000.00 BALANCE $3,000.00 $3,000.00 Fund(s): Parks and Recreation Grant Fund Comments: Federal Grant for FY16 RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and Community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. 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 For Official Use Only Philadelphia, PA 19106-3323 601 Walnut Street, Suite 876 E 5 Retired aff1h1lnyc41t 14SRWTX004 Agreerrent No.: 1201 Leopard St PO Box 9277 Corpus Christi TX 78401 2120 069457'11 NS: Award Information Award Descripti 94.002 the FY 2015 budget. CFDA No.: Grant Year: • . . I' .. .. .. a- - • . . 2 . .. . M. -0 . 040d ■ . . 0. 10 ■ - ■ Authorize additional FY2015 funds to support your organization's capacity to participate in training and technical assistance Purpose $3,000 $45,434 Community Service Act of 1990, as amended (42 U.S.C. § 12501 et seq.). The purpose of this award is to assist the?anis carrying out a national service program as authorized by the National and This Award/ Total Obligated by CNCS FundingInformation AwardedThisYear Previously Year 2 Balance (Carryover) Grantee's Unobligated $o Year Total Current So $48,414 TOtilAANtilftWed in Previous Amendments $3,000 $ 3,684 $48,434 Cumulative Funding for Project Period Total CNCS Funds Awarded to Date $96,368 2015 --OPE 1 -P74 -OPO -22413-4101 $3,000.00 Funding Source and Amount found at https://egrants.cnsgov/terrnsandconditions/GeneralTerrnsandConditions70150403 pdf, and the Program Terms and Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions Page 1 For Official Use Only For Official Use Only Retired and Senior Volunteer Program 74600514 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 supporting documents, and all other representations rrede in support of the approved grant application. and guidelines. Recipient agrees to adrrinister the grant in accordance with the approved grant application, budgets, agrees to corrply with as-llranresand c.ertificationsmade il_tthffgrantapplication,_and applicableIed Conditions found at https://egrants.cns.gov/termsandconditions/RSVPSpecificTerms&Conditions20150114.pdf. Recipient also -. .1 . 08/17/2015 Signature Award Date Senior Grants Officer Lennette B. White, 215-964-6309 Grants Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only Corporation for National and Community Service: City of Corpus Christi Legal Applicant Proiect Director Becky Perrin Certifying Official/Executive Officer AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 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/FLU-LAB grant in the amount of $10,000, 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/FLU- LAB grant in the amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide flu testing 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 provide funding for the Health Department to identify and recruit submitters of clinical specimens through discussions and mutual agreement with local health and medical providers and facilities in the Health Department's service area of Corpus Christi and Nueces County. BACKGROUND AND FINDINGS: Acceptance of this grant will require the Health Department to perform the following activities in the assigned service area of the grant contract: • identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area; • receive clinical specimens Monday through Friday from designated submitters within the Contractor's service area; • test up to two hundred (200) clinical specimens meeting the Clinical Laboratory Improvement Act (CLIA'88) specifications from September 1, 2015 to August 31, 2016; • test up to two hundred (200) clinical specimens meeting the Clinical Laboratory Improvement Act (CLIA'88) specifications from September 1, 2016 to August 31, 2017; • perform on each specimen, the Centers for Disease Control and Prevention (CDC) Real Time (RT) Polymerase Chain Reaction Method (PCR) for typing of influenza viruses; • retain positive influenza specimens through the end of the Contract term; • when directed by the Influenza Surveillance Coordinator within the DSHS Emerging and Acute Infectious Disease Branch (EAIDB), appropriately submit the requested number of positive specimens to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified contracted laboratory; • comply with DSHS EAIDB program established influenza surveillance protocol; and • comply with Health and Safety Code Chapter §81.046. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: mr; 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 $10,000 $10,000 BALANCE $10,000 $10,000 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. 2016-001102-00 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/FLU-LAB grant in the amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide flu testing 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 $10,000 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 provide flu testing. 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 2016-001102-00 This Contract is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and Corpus Christi Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $10,000.00. 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 08/31/2017. 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: IDCU/FLU-LAB Infectious Disease Control Unit/FLU-LAB Page 1 of 10 7. Statement of Work: Contractor will identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area. Contractor may contact flutexas@dshs.state.tx.us for guidance on appropriate submitters. Contractor 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 will: • identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area; • receive clinical specimens Monday through Friday from designated submitters within the Contractor's service area; • test up to two hundred (200) clinical specimens meeting the Clinical Laboratory Improvement Act (CLIA'88) specifications from September 1, 2015 to August 31, 2016; • test up to two hundred (200) clinical specimens meeting the Clinical Laboratory Improvement Act (CLIA'88) specifications from September 1, 2016 to August 31, 2017; • perform on each specimen, the Centers for Disease Control and Prevention (CDC) Real Time (RT) Polymerase Chain Reaction Method (PCR) for typing of influenza viruses; • retain positive influenza specimens through the end of the Contract term; • when directed by the influenza Surveillance Coordinator within the DSHS Emerging and Acute Infectious Disease Branch (EAIDB), appropriately submit the requested number of positive specimens to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified contracted laboratory; • comply with DSHS EAIDB program established influenza surveillance protocol; and • comply with Health and Safety Code Chapter §81.046 located at http://www.statutes.legis.state.tx.us/DocsIHSlhtmIHS.81.htm. DSHS shall ensure Contractor receives a copy of the current influenza surveillance protocol, no later than the week ending October 10, 2015 (Morbidity and Mortality Weekly Report (MMWR) week 40). DSHS shall ensure Contractor receives a copy of the current influenza surveillance protocol, no later than the week ending October 8, 2016 (Morbidity and Mortality Weekly Report (MMWR) week 40) for the 2nd year of the contract from September 1, 2016 to August 31, 2017. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of unanticipated financial shortfalls. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Renewal Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds. PERFORMANCE MEASURES: The following performance measure will be used to assess in part Contractor's effectiveness in providing the services described in this Contract without waiving the enforceability of any of the other terms of the Contract. Page 2 of 10 Contractor will: 1. Ensure that at least one (1) healthcare provider, clinic, or hospital submits influenza surveillance specimens to the Contractor; 2. Provide and submit a list of providers or facilities that routinely submit specimens to the Contractor on or before December 1, 2015, by electronic mail to EAIDB@dshs.state.tx.us and flutexas@dshs.state.tx.us; 3. Provide and submit a list of providers or facilities that routinely submit specimens to the Contractor on or before December 1, 2016, by electronic mail to EAIDB@dshs.state.tx.us and flutexas@dshs.state.tx.us for the 2nd year of the contract from September 1, 2016 to August 31, 2017; 4. Perform testing weekly unless no samples were received that week; 5. When requested, send samples of all specimens testing positive for influenza to the Laboratory Services Section, Department of State Health Services (DSHS), Austin, Texas or other designated laboratory within ten (10) business days of request; and 6. Provide and submit written weekly reports on the RT -PCR influenza testing results, in the format provided by DSHS, each Monday, or if a holiday, the next business day beginning September 7, 2015 and continuing through the end of the Contract term. Reports should be sent by electronic mail to EAIDB@dshs.state.tx.us and flutexas@dshs.state.tx.us. Compliant reporting is required prior to DSHS approval for payment. a. Compliant Contractors submit weekly RT -PCR influenza testing result reports according to the format specified by DSHS and the due dates specified in the Programmatic Reporting Requirements. b. Non-compliant Contractors submit less than 80% of the weekly RT -PCR influenza testing reports according to the format specified by DSHS and the due dates specified in the Programmatic Reporting Requirements. See Programmatic Reporting Requirements section for required reports, time periods and due dates. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below. Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us. 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. Page 3 of 10 8. Service Area Nueces County Page 4 of 10 This section intentionally left blank. Page 5 of 10 10. Procurement method: Non-Competitive Interagency/Interlocal GST-2012-Solicitation-00038 DSHS GOLIVE IDCU FLU LAB PROPOSAL 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: STATE 14. DUNS Number: 069457786 Page 6 of 10 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date Providers Report Nonrecurring 09/01/2015 12/01/2015 12/01/2015 Weekly Report Weekly Monday Friday Following Monday Financial Status Quarterly 09/01/2015 11/30/2015 12/31/2015 Report Financial Status Quarterly 12/01/2015 02/2912016 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 Providers Report Nonrecurring 09/01/2016 12/01/2016 12/01/2016 Financial Status Quarterly 09/01/2016 11/30/2016 12/31/2016 Report Financial Status Quarterly 12/01/2016 02/28/2017 03/31/2017 Report Financial Status Quarterly 03/0112017 05/31/2017 06/30/2017 Report Financial Status Quarterly 06/01/2017 08/31/2017 10/15/2017 Report Submission Instructions: Performance Measure Reports should be sent by electronic mail to EAIDB@dshs.state.tx.us and flutexas@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 7 of 10 16. Special Provisions General Provisions, Article V. Payment Methods and Restrictions, Section 5.02 Invoice/Billing Submission, is revised to include the following: DSHS will reimburse Contractor upon submission of a State of Texas Purchase Voucher and DSHS acceptance of the required activities as indicated in the Performance Measures. General Provisions. ARTICLE 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 8 of 10 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-001102-00 b. General Provisions Subrecipient General Provisions c. Attachments Budget d. Declarations 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 mailer 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: Janna Zumbrun Signature of Authorized Official 07/2112015 Date By: Signature of Authorized Official Date Janna Zumbrun Assistant Commissioner Name and Title Health 1100 West 49th Street Name and Title Address Austin, TX 78756-4204 City, State, Zip (512) 776-7825 Telephone Number janna.zumbrun@dshs.state.tx.us E-mail Address Address City. State Zin Telephone Number E-mail Address A roved as • 6/6d18947' P to form -lea .40 Fore. As ant City Attorney .itv Atfnrnau Page 9 of 10 Organization Name: Contract Number: Budget Categories Budget Summary Corpus Christi Public Health District 2016-001102-00 Program ID: IDCU/FLU-LAB Budget Categories Personnel Fringe Benefits Travel Equipment Supplies Contractual Other Total Direct Costs Indirect Costs DSHS Funds Requested $0.00 $0.00 $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 $0.00 Totals $10,000.00 Cash Match $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 In Kind Match Contributions $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Category Total $0.00 $0.00 $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 $0.00 $10,000.00 Page 10of10 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 a ill 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 -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 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, II,S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less that S10.000 and not more than 5100,000 for each such failure. Signature Date Print Name of Authorized Individual Application or Contract Number Organization Name CSCU # EF29-12374 - Revised 212006 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 ft 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.usps.com DUNS Number: 9 -digits Required www.sam.gov 016 9 41517171816 State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 1 7 4 6 0 0 0 5 `7 14 1 0 2 7 1 Printed Canstance Name of Authorized Representative P. Sanchez Signature of Authorized Representative U"""`^.&• N e4,yL 7 -- Title of Authorized Representative Director of Finance for City of Corpus Christi Date 07-10-15 Department of Slate Health Services Farm 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 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 tNo 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? D 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 BIum:500000;MaryRedd:50000;Er.' Gani:40000r7;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: 2 - Department of State Health Services Form 4734 — June 2013 ARTICLE 1 SECTION 1.01 SECTION 1.02 ARTICLE 11 SECTION 2.01 SECTION 2.02 SECTION 2.03 SECTION 2.04 SECTION 2.05 SECTION 2.06 SECTION 2.07 SECTION 2.08 SECTION 2.09 SECTION 2.10 SECTION 2.11 SECTION 2.12 ARTICLE 111 SECTION 3.01 SECTION 3.02 SECTION 3.03 SECTION 3.04 SECTION 3.05 ARTICLE IV SEcrio' 4.01 SECTION 4.02 ARTICLE V SECTION 5.01 SECTION 5.02 SEcrIoN 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 COMPONENTS 4 CONTRACT COMPONENTS 4 ORDER OF PRECEDENCE 4 COMPLIANCE AND REPORTING 4 COMPLIANCE 4 PRECEDENCE OF CONTRACT TERMS 4 EFFECT OF LEGISL ►TI\ E CHANGES 4 COIrL1ANCE ►SITII REQUIREMENTS OF SOLICITATION DOCI SIENT 4 REPORTING 4 APPLICABLE CONTRACTS LAVA AND VENT E FOR DISPLTES 4 STATUTES AND STANDARDS OF GENERAL APPLICABILITY 4 APPLIC ►BILITl OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS 6 CIVIL RIGIITS POLICY AND COMPLAINTS 7 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS 7 FUNDING OBLIGATION 7 WHISTLEBLOWER ACT PROTECTION 7 SERVICES 7 EDLCATION TO PERSONS IN RESIDENTIAL FACILITIES 7 DISASTER SERV ICES 8 CONSENT TO MEDICAL CARE OF A MINOR 8 TELEMEDICINErTELEPSTCInATRT M EDICAI SERVICES 8 SER►1[ ES AND INFORMATION FOR PERSONS ►►IT13 LIMITED ENGLISH PROFICIENCY 9 FUNDING 9 DEBT TO STATE AND CORPORATE STATUS 9 APPLICATION OF PAT \LENT Di E 9 PAN NI ENT METHODS AND RESTRICTIONS 9 PAN NI ENT METHODS 9 INYOIC EIBILLING SUBMISSION 9 FINAL INVOICE/BILLING St OMISSION 10 THIRD PARTY PAYORS 10 TERMS AND CONDITIONS OF PAYMENT 10 PROMPT PAT HENT 10 PAYMENT BY DEPARTMENT 10 WITHHOLDING PAT MENTS 11 CONFIDENTIALITY 11 h1 %INTENANCE OF CONFIDENTIALITY 11 DEPARTMENT ACCESS TO PHI AND OTIIER CONFIDENTIAL INFORMATION 11 EXCHANGE OF CLIENT -IDENTIFYING INFORMATION 11 SECURITY OF PATIENT OR CLIENT RECORDS 11 HIV?AIDS MODEL WORKPLACE GUIDELINES 12 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 1 ARTICLE V111 SECTION 8.01 ARTICLE IX SECTION 9.01 ARTICLE X SECTIoN 10.01 SECTION 10.02 SECTION 10.03 ARTICLE XI SECTION 11.01 SECTION 11.02 SECTION 11.03 SECTION 11.04 SECTION 11.05 SECTION 11.06 SECTION 11.07 SECTION 11.08 SECTION 11.09 ARTICLE XII SECTION 12.01 Sec -nos 12.02 SEcrIoN 12.03 SECTION 12.04 SECTION 12.05 SECTION 12.06 ARTICLE X117 SECTION 13.01 SECTION 13.02 SECTION 13.03 SECTION 13.04 SECTIO` 13.05 SECTION 13.06 SECTION 13.07 SECTION 13.08 SECTION 13.09 ARTICLE XIV SECTION 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 PI BLIU INFORNIATION ACT 12 RECORDS RETENTION 12 RETENTION 12 ACCESS, INSPECTION AND AUDIT OF RECORDS 12 ACCESS AND INSPECTION 13 STATE AU'DITOR'S OFFICE 13 RESPONDING TO DEFICIENCIES 13 REPORTING REQUIREMENTS 13 CHILD ABUSE REPORTING REQUIREMENT 13 SIGNIFICANT IN.! IDENTS 14 LITIGATION 14 CONTRACT OR LICENSE ACTION AGAINST THE CONTRACTOR 14 INSOLVENCY 14 PERFORMANCE MALFEASANCE 14 CRINIINALACTII'ITY AND DISCIPLINARY ACTION 15 RETALIATION PROHIBITED 15 Docl NI ENTATION 15 ASSURANCES AND CERTIFICATIONS 15 CERTIFICATION 15 CHILD SUPPORT DELINQI ENC YES 16 At TUORI7 ►TION 16 GIFTS AND BENEFITS PROHIBITED 16 INELIGIBILITY TO RECEIVE THE CONTRACT 16 ANTITRL ST 17 GENERAL BUSINESS OPERATIONS OF CONTRACTOR 17 PROGRAM SITE 17 HISTORICALLY UNDERUTILIZED IlLSINESSES(11UBs) 17 But TEXAS 17 STATUS OF SUBCONTRACTORS 17 INDEPENDENTCONTRACTOR 18 TAX LIABILITY 18 NOTICE OF ORGANIZATIONAL CHANGE 18 NO ENDORSEMENT 18 E -VERIFY SYSTEM 18 GENERALTERMS 18 ASSIGNMENT 18 LOBB% ING 19 CONFLICT OF INTEREST 19 TRANSACTIONS BETA%EE'\ RELATED PARTIES 20 IITELLECTL AL PROPERTY 20 OTHER INTANGIBLE PROPERTY21 Si► ERABILITY AND AMBIGL ITV' 21 LEGAL NOTICE 21 St CCESSORS 21 SUM INABILITY 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 SEcT10N 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 SEcnoN 18.01 SECTION 18.02 SEcrION 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SECTION 19.03 SECrioN 19.04 SECTION 19.05 CUSTOMER SER► ICE INFORMATION 21 AMIENDMENT 21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEl PERSONNEL 21 UNILATERAL AMENDMENT 21 INTERIM EXTENSION AMENDMENT 22 IMMUNITY NOT WAIVED 22 HOLD HARMLESS AND INDEMNIFICATION 22 WAIVER 22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITY STAND ►RDS 22 FORCE MAJEURE 24 COOPERATION AND COMMUNIrATION 24 INSURANCE 24 BREACH OF CONTRACT AND REMEDIES FOR NON-CO3IPLIANCE 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 BRE %CII OF CONTRA[ T CLAIM 27 NOTICE 27 PERFORMANCENOT St WENDED 27 TERMINATION AND TEMPORARY SUSPENSION 27 EXPIRATION OF CONTRA( T OR PROGRAM ATTR( II\IENTS 27 EFFECT OF TERMINATION OR EXPIRATION 27 TERMINATION OR TEMPORARY SUSPENSION WITHO! T CAUSE 27 IMIIEDIATETERMINATION 28 TERMINATION FOR CAL SE 28 NOTICE OFTER,NII\;►TION 28 VOID, SUSPENDED AND TERMINATED CONTRACTS ... 28 VOID CONTRACTS 28 EFFECT OF VOID, SI'SPENDED, OR I\\ OLl NT:►RILYTERSIINATED CONTRACT 28 APPEALS RIGIITS FOR DSHS FUNDED BLO{'F: GRANTS 28 CLOSEOUT 28 CESSATION OF SERV IC ES AT CLOSEOUT 28 ADM INISTRATI% E OFFSET 29 DEADLINE FOR CLOSEOL I 29 P:11 MEN"r OF REF! NDS 29 DISALLO►YANCESAND ADA STMENTS 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 §§ 201 I 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 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 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 Sell ice 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; 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 (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 §§ i251 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 §§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 4.0i; 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 7875 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 111ISCi%11Rie.hts011icea hhsc.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 10 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 i, 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 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, andoor 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 Ieast 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 Telemedicinc/Telepsychiatry Medical Services. If applicable, the Contractor shall ensure that if Contractor or its subcontractor uses telemedicineftelepsychiatry 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, 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 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 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, 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 VH 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 l60 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); b. Texas Health and Safety Code Chapters 12, 47, 8l, 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 SN horn 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 DSI -IS 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 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 §§ 85.1 12-1 14. A link to the Model Workplace Guidelines can be found at: http:/wk•NN.dslt .state.tx,usIhi std policies_sittm 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 entit), 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 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 pay ment, 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 wm,m.dshs.state.tx.usichildabusereportina 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 I, 2015) i4 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:.isao.fraud.state.t\.us, and to the HHS Office of Inspector General at http://ww .oia.lihs.zo‘ 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 loolunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts: a. It is not disqualified under 2 CFR § 376.935 or ineligible for participation in federal or state assistance programs; b. Neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September I, 2015) I5 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 I, 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. 1, et seq., and Texas Business & Commerce Code § 15.0i, 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:// v.vindon.state.tx.us:'procurement proJhub. 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 15'x' day of each month for the prior month's activity, if there v1/4 as 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 w ith 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 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 shaII 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 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. 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) 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. 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 «ithout 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. 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 I, 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 Standard?' means accessibility standards and specifications for Texas agency and institution of higher education websites and E1R 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 I 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 ofa 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 7. 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. I Under Tex. GoN '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 «ill be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DS1-IS 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 NA ith 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 an 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 ofa 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 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) 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 Tenns 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 ma) ° 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 reviev. 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 PROGRAMOPERATIONS 31 Section 21.01 Client Financial Eligibility 31 Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. 31 Section 21.03 incorporation of Terms in Subrecipient Subcontracts. 31 Section 21.04 Quality Management. 32 Section 21.05 Contractor's Notification of Change to Certain Contract Provisions, 32 Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees...32 Section 21.07 Direct Operation. 33 ARTICLE XXII PROGRAM EQL IPNIENT AND SUPPLIES 33 Section 22.01 Equipment. 33 Section 22.02 Equipment List. 33 Section 22.03 Supplies. 34 Section 22.04 Property Inventory and Protection of Assets. . 34 Section 22.05 Assets as Collateral Prohibited. . 34 ARTICLE XXIII PROGRAM FUNDS AND PM!. MENTS 34 Section 23.01 Use of Funds. . ... ,I..i.1 ...... ... ..... { 34 Section 23.02 Use for Match Prohibited. ...„ .............. ..,_ ... _ ... . .. ...._,.._ ............. ...... ............. .... ..... ...... ........... .. ..... 34 Section 23.03 Program income. 35 Section 23.04 Nonsupplanting. 35 Section 23.05 Payment Methods 35 Section 23.06 Financial Status Reports (FSRs). 35 Section 23.07 Working Capital Advance. 35 Section 23.08 Condition Precedent to Requesting Payment. 36 Section 23.09 Management and Control Systems 1. 36 Section 23.10 Effect of Grant Close Out. 1. 1. .4 36 GeneMillardsigM(kakilIONBIlE NODS AND AUDIT REQV1REMENTS 36 30 Section 24.01 Allowable Costs. ..... --- . - .1- --------------- .1.1, 36 Section 24.02 Property Acquisitions. 37 Section 24.03 Cost Allocation Plan 3S Section 24.04 Overtime Compensation. 38 Section 24.05 Independent Single or Program -Specific Audit. 38 Section 24.06 Submission of Audit , . 39 ARTICLE XXV INSURANCE AND BONDS Section25.01 Insurance. ------ ... ... .„., ..... „...,„..... .... „„..„......... ...... .....„ .... , ..... _ ...................... _ ... _,, .. ............„ ... _.„. 39 Section 25.02 Fidelity Bond. 40 Section 25.03 Liability Coverage , . 40 ARTICLE XXVI TERNIINATION. BANKRUPTCY AND CLOSEOUT 40 Section 26.01 Final Budget. 40 Section 26.02 Bankruptcy. .. '.6 ..... ' .. i4.4.4 .. .{ Fy,44. . i ....... .•• i 40 Section 26.03 Title to Property 41 Section 26.04 Disposition of Property. . ........... ......... _ ............ ...... ......... ...... ..... .... .. ......„..„,„ 41 Section 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 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 sk ithout 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 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, 20I5) 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 employ ment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Section 21.07 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and or participants served by Contractor. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number; 3. Source of funding for the property (including the Federal Assistance Identification Number); 4. Who holds title, 5 Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 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 15'1' of each year. The report is located on the DSHS website at: llttp: %.%x%v,.dshs.state.tx.us?contract.sTorms.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 b) 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) 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-102, and applicable Federal awarding agency common rule Educational institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A -I22 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; 0M13 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 3 I, 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:/:vANw.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 AIlocation 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: co,c 1p 1 d'h,..statc.t\.it, 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 ithin 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 folio« ing 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 11-ISC 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://w,mAA.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 010, 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 ci_dshs.statc.tx.us Electronic submission to HHSC should be addressed as follows: (Neenah. l'eamah a hhsc.state.t..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 hisiher 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 littp://w,v.w.dshs.state.tx.us contracts/l inks.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 lute:,.dshs.state. tx_us.°contractsflinks.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 47 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 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 Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, and appropriation of the funds for the contract period October 1, 2015 through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 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 Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. PURPOSE: To provide funding for the Health Department to implement targeted and evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality The Health Department will also work with a local public/private planning group to plan and implement the identified strategies. BACKGROUND AND FINDINGS: The following performance measures will be used to assess, in part, the Health Department's effectiveness in providing services required by the grant: 1. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2015 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 15, 2015 and the final Project Work Plan submission is due to DSHS on or before October 30, 2015. 2. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2015 and the final Evaluation Plan version is due to DSHS on or before November 30, 2015. 3. Submit an Interim Progress Report Draft to DSHS for review on or before March 17, 2016. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 31, 2016. 4. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2016. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 29, 2016. 5. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2016. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2016. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 27th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as directed by DSHS. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: Operating Revenue Capital Not applicable Fiscal Year: 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 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. 2016-003808-00 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 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 $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of October 1, 2015 through September 30, 2016, to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators, which include: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality. 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 October 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 2016-003808-00 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 $50,000.00. 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 10/01/2015 and ends on 09/30/2016. DSHS has the option, in its sole discretion, to renew the Contract. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority: 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: HPCDP/TXHC Texas Healthy Communities Page 1 of 10 7. Statement of Work: The Texas Department of State Health Services (DSHS) will contract to implement targeted, evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality Contractor will work with a local publiclprivate planning group to plan and implement the identified strategies. Contractor will provide DSHS staff with monthly project status reports, via telephone call on the dates listed in Section 11, Performance Measures of this Program Attachment (unless otherwise agreed to in writing by DSHS), to discuss the following: 1) Implementation status, 2) barriers and methods to address those barriers, 3) opportunities to enhance the activities, 4) lessons learned, and 5) next steps. Other calls may be added, as appropriate, with Contractor and DSHS Program staff. 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 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://wwvv.dshs.state.tx.us/contracts/cfpm.shtm. SECTION II. PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the other terms of the Program Attachment. Contractor shall: 1. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2015 TXHC assessment as needing improvement. A Project Work Pian Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 15, 2015 and the final Project Work Plan submission is due to Page 2 of 10 DSHS on or before October 30, 2015. 2. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2015 and the final Evaluation Plan version is due to DSHS on or before November 30, 2015. 3. Submit an Interim Progress Report Draft to DSHS for review on or before March 17, 2016. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 31, 2016. 4. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2016. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 29, 2016. 5. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2016. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2016. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 27th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as directed by DSHS. SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment monthly, using the State of Texas Purchase Voucher (Form B-13), even if no funds are expended in a particular month, and including acceptable supporting documentation for reimbursement of the required services/deliverables. The B-13 can be found at the following link: http:Ilwww.dshs.state.tx.us/grants/forms/bl3form.doc . Vouchers and supporting documents should be mailed or submitted by fax or electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit, MC1940 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 3 of 10 8. Service Area Nueces County Page 4 of 10 This section intentionally left blank. Page 5of10 10. Procurement method: Non -Competitive Interagency/Interlocal GST -2016 -Solicitation -00014 DCPS FY16 HPCDP/TXHC New 2016 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 09/30/2016 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.991 14. DUNS Number: 069457786 Page 6 of 10 15. Programmatic Reporting Requirements: Report Name Project Work Plan Evaluation Plan Interim Progress Report Texas Healthy Communities Assessment Report Final Progress Report Financial Status Report (FSR) Financial Status Report (FSR) Financial Status Report (FSR) Financial Status Report (FSR) Frequency Nonrecurring Nonrecurring Nonrecurring Nonrecurring Nonrecurring Quarterly Quarterly Quarterly Final Submission Instructions: Period Begin 10/01/2015 10/01/2015 10/1/2015 01/01/2016 04/01/2016 07/01/2016 Period End 03/15/2016 08/31/2016 12/31/2015 03/31/2016 06/30/2016 09/30/2016 Due Date 10/30/2015 11/30/2015 03/31/2016 05/29/2016 09/14/2016 01/07/2016 04/07/2016 07/07/2016 11/15/2016 Contractor shall submit all programmatic reports, documentation, and other information as required to the following electronic email address: TXHC@dshs.state.tx.us. Programmatic reports include: Project Work Plan, Evaluation Plan, Interim Progress Report and Final Progress Report. Texas Healthy Communities Assessment will be entered into Performance Management and Tracking System (PMATS). Financial Status Reports shall be submitted to invoices@dshs.state.tx.us. Page 7 of 10 16. Special Provisions SECTION VIII. 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 8 of 10 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-003808-00 b. General Provisions Subrecipient General Provisions c. Attachments Budget d. Declarations e. Exhibits Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: City of Corpus Christi Vendor Identification Number: 17460005741 20. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services By: Signature of Authorized Official Date Corpus Christi-Nueces County Public Health District By: Signature of Authorized Official 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 41/ istant it ~A rney r City Attorney t 1l15 Page 9 of 10 Budget Summary Organization Name: Corpus Christi-Nueces County Program ID. HPCDPITXHC Public Health District Contract Number: 2016-003808-00 Budget Categories Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $31,200.00 $0.00 $0.00 $31,200.00 Fringe Benefits $14,976.00 $0.00 $0.00 $14,976.00 Travel $1.470.00 $0.00 $0.00 $1,470.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $2,354.00 $0.00 $0.00 $2,354.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Total Direct Costs $50,000.00 $0.00 $0.00 $50,000.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $50,000.00 $0.00 $0.00 $50,000.00 Page 10 of 10 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 ++ill 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 a++arding 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) 1f any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form -I I, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperati'.e agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon tithich 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 Dale Print Name of Authorized Individual poi .°C)3?Osii--cD 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 whkh 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: Siandina Costley Blandinac@cctexas.com 361-826-7252 ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sarn.Rov 7 8 4 I 1 6 -I 1 I 016_ 9 4 5171718 6 State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 11 7 4 6 0 0 0 5 7 4 1 0 2 7 I Printed C Name of Authorized Representative nstance P. Sanchez Signature of Authorized Representative attottbk, l - ---- Title 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, 1 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 ail sources, of less than $300,000 in your previous tax year? ❑ Yes fC 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 1No 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 Plott:300000; Sally Tom:300000 Provide compensation information here: -2.- Departrnant of Stake Health Services Form 4734 -- June 2013 Fiscal Year 2016 Department of State Health Services Contract General Provisions ARTICLE 1 CONTRACT COMPONENTS 4 SECTION 1.01 CONTRACT COMPONENTS 4 SECTION 1.02 ORDER OF PRECEDENCE 4 ARTICLE 1I COMPLIANCE AND REPORTING 4 SECTION 2.01 CoalrunticE 4 SECTION 2.02 PRECEDENCE OF CONTRACT TERMS 4 SECTION 2.03 EFFECT OF LEGISLATIVE CHANGES 4 SECTION 2.04 COMPLIANCE WITH REQUIREMENTS OF SOLICITATION DOCUMENT 4 SECTION 2.05 REPORTING 4 SECTION 2.06 APPLICABLE CONTRACTS 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 AND INTERLOCAL CONTRACTS 6 SECTION 2.09 CIVIL RIGHTS POLK'S AND COMPLAINTS 7 SECTION 2.10 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS 7 SECTION 2.11 FUNDING OBLIGATION 7 SECTION 2.12 W111STLEBLOWER ACT PROTECTION 7 ARTICLE 111 SERVICES 7 SECTION 3.01 EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES 7 SECTION 3.02 DIsASTER SERVI( Es 8 SECTION 3.03 CONSENT TO MEDIC AL CARE OF A MINOR 8 SECTION 3.04 TELE\IEDICINEITELEPSYCHIATRYMEDICAL SERVICES 8 SECTION 3.05 SERA B ES AND INFORMATION FOR PERSONS ll1TH LIMITED ENGLISH PROFICIENCY 9 ARTICLE IV FUNDING 9 SECTION 4.01 DEBT TO STATE AND CORPORATE STAR S 9 SECTION 4.02 APPLICATION OF PAYMENT DUE 9 ARTICLE V PAYM ENT METHODS AND RESTRICTIONS 9 SEcrioN 5.01 PAYMENT METHODS 9 SECTION 5.02 INVOICE/BILLING SUBMISSION 9 SECTION 5.03 FsNAL INN OIC'EIB1LLING SUBMISSION 10 SECTION 5.04 THIRD PARTY PAYORS 10 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 10 SECTION6.01 PROMPT PAYMENT 10 SECTION 6.02 PAYMENT BY DErARTMENT 10 SECTION 6.03 WITHHOLDING PAYMENTS 11 ARTICLE VII CONFIDENTIALITY 11 SECTION 7.01 MAINTENANCE OFCONFIDENTIALITY 11 SECTION 7.02 DErARTAI ENT ACC ESS TO PH 1 AND OTHER CONFIDENTIAL INFORMATION 11 SECTION 7.03 EXCHANGE OFCLIENT-IDENTIFl INC INFORMATION 11 SECTION 7.04 SECURITY OF PATIENT OR CLIENT RECORDS 11 SECTION 7.05 HIV/AIDS MODEL WORKPLACE GI'IDELINES 12 General Provisions (September 1, 2015) -- Applicable to Local Health Departments Only ARTICLE VIII PUBLIC INFORMATION ACT 12 SECTION 8.01 TEXAS PUBLIC INFORMATION ACT 12 ARTICLE IX RECORDS RETENTION 12 SECTION 9.01 RETENTION 12 ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS 12 SECTION 10.01 ACCESS AND INSPECTION 13 SECTION 10.02 STATE AUDITOR'S OFFICE 13 SECTION 10.03 RESPONDING TO DEFICIENCIES 13 ARTICLE XI REPORTING REQUIREMENTS 13 SECTION 11.01 CHILD ABUSE REPORTING REQI°IRE.IENT 13 SECTION 11.02 SIGNIFICANT INCIDENTS 14 SECTION 11.03 LITIGATION 14 SECTION 11.04 CONTRACT OR LICENSE ACTION AGAINST TIIE CONTRACTOR 14 SECTION 11.05 INSOLVENCY 14 SECTION 11.06 PERFORMANCE MALFEASANCE 14 SECTION 11.07 CR1111INAL ACTIVITY AND DISCIPLINARY ACTION 15 SECTION 11.08 RETALIATION PROHIBITED 15 SECTION 11.09 Docij1ENTATION 15 ARTICLE XI] ASSURANCES AND CERTIFICATIONS 15 SECTION 12.01 CERTIFICATION 15 SECTION 12.02 CHILD SUPPORT DELINQL ENCIES 16 SECTION 12.03 AUTHORIZATION 16 SECTION 12.04 GIFTS AND BENEFITS PROIIIBITED 16 SECTION 12.05 INELIGIBILITY TO RECEI► E THE CONTRACT 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 BLSIN ESSES(HUBS) 17 SECTION 13.03 BUY TEXAS 17 SECTION 13.04 STATUS OF SUBCONTRACTORS 17 SECTION 13.05 INDEPENDENTCONTRACTOR 18 SEcrioN 13.06 TAX LIABILITY 18 SECTION 13.07 NOTICE OF ORGANIZATIONAL CHANGE 18 SECTION 13.08 No ENDORSEMENT 18 SECTION 13.09 E -VERIFY SYSTEM 18 ARTICLE XIV GENERALTERMS 18 SECTION 14.01 ASSIGNMENT 18 SECTION 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 AMBIGUITY 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 SEcrioN 16.01 SEcrioN 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 ANIENDMENT 21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL 21 UNILATERALAMENDMEVT 21 INTERIM EXTENSIONAMENDMENT 22 IMMUNITY NOT WAIVED 22 HOLD HARMLESS AND INDEMNIFICATION 22 WAIVER 22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITI STANDARDS 22 FORCE MAJEURE 24 COOPERATION AND COa1MUNICATION 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 CONTRACT OR PROGRAM ATTACHMENTS 27 EFFECT OF TERMINATION OR EXPIRATION 27 TERMINATION OR TEMPORARY SUSPENSION WITHOUT CAUSE 27 IMMEDIATE TERMINATION 28 TERMINATION FOR CAUSE 28 NOTICE OF TERMINATION 28 VOID, SUSPENDED AND TERM INATED CONTRACTS 28 VOID CONTRACTS 28 EFFECT OF VOID, SUSPENDED, OR INVOLUNTARILY TERMINATED CONTRACT 28 APPEALS RIGI rrS 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, 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 §§ 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 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; 1. Environmental standards pursuant to the following: I . 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 §§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 135 i 3 (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 I-11-1SCivi1 RightsOff iccOhhscstate.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 i, 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 telemedicineltelepsychiatry 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, 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 ofa 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, andlor 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 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) lI 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.iacquired 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 §§ 85.112-111. A link to the Model Workplace Guidelines can be found at: http://www.dslis.state.tx.us/hivstdipolicypolicies.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. 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 alI 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 www.dshs.state.tx.us/childabusere_porting 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.oig.hlis.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. a. Contractor affirms that Contract nor any no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. b. Contractor shall report in writing the contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place, if it has reason to believe Contractor♦ or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts: a. It is not disqualified under 2 CFR § 376.935 or ineligible for participation in federal or state assistance programs; b. Neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) I5 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°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. 1, et seq., and Texas Business & Commerce Code § 15.01, et seq. Contractor certifies that neither Contractor nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws nor communicated directly or indirectly regarding a bid made to any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire and safety standards. Section 13.02 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 et seq. Contractors may obtain a list of HUBs at http:Uwww.window.state.tx.usfprocurement:"prorghub. 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 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, 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 fling 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) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with Texas Government Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352). b. If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure: 1. At the time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. At the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Contract. Contractor shall include this provision in any subcontracts. Section 14.03 Conflict of Interest. Contractor represents to the Department that it and its subcontractors, if any, do not have, nor shall Contractor or its subcontractors knowingly acquire or retain any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family) or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 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. 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)( 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. 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 ofa 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 Iimited 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 ArtiicIe 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 (CMI3L) 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 DSI -IS 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 Govemment 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, 201 5) 29 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX DSHS GENERAL PROVISIONS.......................................................................31 ARTICLE XX1 PROGRAM OPERATIONS...................................:................................,...,.,.,,..,,.,,,,. 31 Section 21.01 Client Financial Eligibility. 31 Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. ..__,....... ...... .......... .......... ...........................,... Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. 31 Section 21.04 Quality Management. 31 Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. 32 Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees... 32 Section 21.07 Direct Operation. 33 ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES 33 Section 22.01 Equipment. ...... ..................—............... 33 Section22.02 Equipment List. ....... A .................. ... ...... I ................... e . e ...... • .. • ... . es-••• es•••.1.•—••• ..... ,,._._ 33 Section 22.03 Supplies. 34 Section 22.04 Property Inventory and Protection of Assets, ................................, 3.4 Section 22.05 Assets as Collateral Prohibited. 34 ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS 34 Section 23.01 Use of Funds. ,,,,,,,,,,,s,,,,,,, 34 Section 23.02 Use for Match Prohibited. .................... ..... 34 Section 23.03 Program Income. ....,.».-.,,....,,„,.,,,.35 Section 23.04 Nonsupplanting. . 35 Section 23.05 Payment Methods. 35 Section 23.06 Financial Status Reports (FSRs). 35 Section 23.07 Working Capital Advance. . 35 Section 23.08 Condition Precedent to Requesting Payment. 36 Section 23.09 Management and Control Systems. 36 Section 23.10 Effect of Grant Close Out. 36 Genemi7il3 isiga'(kgmbo11Eal§liS AND AUDIT REQUIREMENTS__________________.__.,,,___,_......,._.,,,._.....__.,..--.>..---,...__ 36 30 Section 24.01 Allowable Costs. 36 Section 24.02 Property Acquisitions. . ,,,, m .... .. .... . ..... ..„..... ..... ..... 37 Section 24.03 Cost Allocation Plan 38 Section 24.04 Overtime Compensation. 38 Section 24.05 Independent Single or Program -Specific Audit, .38 Section 24.06 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, BANKRILIPTUY AND CLOSEOUT 40 Section 26.01 Final Budget. , 40 Section 26.02 Bankruptcy. 40 Section 26.03 Title to Property 4$ Section 26.04 Disposition of Property 41 Section 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 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 of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Texas Government Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Section 21.07 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and°or participants served by Contractor. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number; 3. Source of funding for the property (including the Federal Assistance Identification Number); 4. Who holds title, 5. Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 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 speci0cations 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 Iess 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 15d of each year. The report is located on the DSHS website at: lutp://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 Toss 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, Wally, 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) 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. 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 -I33 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31. Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule 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, 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. z . i, ;ff 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: COSContractAdminislration• rr'dshs_state.ix. us Electronic submission to HHSC should be addressed as follows: Oueenah.Teamah a hhsccstate.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 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 Tess 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 Iicensure 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 i 981 (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 lutp://wwu.dshs.state.tx.us.contractslinks.slum 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 Iinks on the DSHS website at http://www.dshs.statc.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 First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: TO: September 30, 2015 Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR@cctexas.com 361.826.3220 Annette Rodriguez, M.P.H., 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 grant contract for the Nutrition Services Section/Women, Infants and Children (NSS/WIC) grant in the amount of $1,002,324, and appropriation of the funds for the contract period October 1, 2015 through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 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 Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant in the amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. PURPOSE: To provide funds for personnel costs, supplies and other expenses to run The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non -breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Population Served: The WIC target population are low-income, nutritionally at risk: • Pregnant women (through pregnancy and up to 6 weeks after birth or after pregnancy ends). • Breastfeeding women (up to infant's 1st birthday) • Nonbreastfeeding postpartum women (up to 6 months after the birth of an infant or after pregnancy ends) • Infants (up to 1st birthday). WIC serves 53 percent of all infants born in the United States. • Children up to their 5th birthday. Benefits The following benefits are provided to WIC participants: • Supplemental nutritious foods • Nutrition education and counseling at WIC clinics • Screening and referrals to other health, welfare and social services Program Delivery WIC is not an entitlement program as Congress does not set aside funds to allow every eligible individual to participate in the program. WIC is a Federal grant program for which Congress authorizes a specific amount of funds each year for the program. WIC is • administered at the Federal level by FNS • administered by 90 WIC state agencies, through approximately 47,000 authorized retailers. • WIC operates through 1,900 local agencies in 10,000 clinic sites, in 50 State health departments, 34 Indian Tribal Organizations, the District of Columbia, and five territories (Northern Mariana, American Samoa, Guam, Puerto Rico, and the Virgin Islands). Examples of where WIC services are provided: • county health departments • hospitals • mobile clinics (vans) • community centers • schools • public housing sites • migrant health centers and camps • Indian Health Service facilities ALTERNATIVES: Refuse the grant and discontinue providing Women, Infants, and Children services for the community. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: III Operating Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,002,324 $1,002,324 BALANCE $1,002,324 $1,002,324 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 October 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. Pending (8/28/2015 Letter of Intent attached in lieu of Contract) Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Nutrition Services SectionNVomen, Infant's and Children (NSS/WIC) grant in the amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 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 $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of October 1, 2015, through September 30, 2016, to provide funds for the WIC program. 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 October 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 TEXAS DEPARTMENT OF STATE HEALTH SERVICES KIRK COLE INTERIM COMMISSIONER August 28, 2015 Ms. Christina Zamarripa, WIC Director LA #38, Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi, TX 78416 P.O. Box 149347 Austin. Texas 78714-9347 1-888-963-7111 TTY: 1-800-735-2989 www.dshs.state.tx.us Dear Ms. Zamarripa: FY 2016 WIC contracts, effective dates October 1, 2015 through September 30, 2016, are currently being prepared and entered into our system. A breakdown of the total "not -to -exceed" is outlined in the table below. A copy of the contract will be sent to agencies for signature once all have been entered. In order to help your agency with budgeting, we have provided you with the following funding amounts: Project Project Contact Initial Amount Type of Allocation _ Admin NE BF WIC Funding Benny Jasso bennv.iasso@dshs.state.tx,us $830,324.00 X X X (512) 341-4573 Peer Caunselarkristina.arrieta@dshs.state.tx.us Kristina Arrieta (512) 341-4593 $84,000.00 X Registered Dietitian Angela Gil angela.gil@dshs.state.tx.us $62,000.00 X X X (512) 341-4590 Obesity Prevention Angela Gil angela.gil@dshs.state.tx.us $20,000.00 X (512) 341-4590 Lactation ServicesLatth.nljorose@dshs.state.tx.us Faith Njoroge $6,000.00 X (512) 3414575 Total Contract "Not to Exceed" Amount $1,002,324.00 Please note that these are initial funding amounts. These amounts may be adjusted at any time during the contracting period. Your agency will be notified by Letter of Amendment for any adjustments to your funding. An Equal Opportunity Employer and Provider Ms. Christina Zamarripa, WIC Director August 28, 2015 Page 2 In order for the State Agency to track these expenditures, please bill for each of these projects on separate State of Texas Purchase Vouchers (B-13). In order to capture all special project expenditures, continue to bill on a separate voucher even if you exceed the allocation amount listed above. Any amount over your allocation will be charged appropriately to your regular funding. Remember to label each voucher with the specific project name you are billing for, as well as listing allocations to Administrative (Admin), Nutrition Education (NE) and Breast feeding (BF) costs. Vouchers without allocations listed will not be applied toward your NE or BF expenditures. Grants that may only be allocated to one category will be applied to that category without any need for allocations. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. Requests for purchases should be submitted electronically to the Contract Development and Support Branch email box at: cdsb@dslys,state.tx.us. If you have any questions or require additional information regarding your special projects, please use the project contact information listed above. Questions concerning billing should be directed to Alisin Genfan at (512) 776-3156, or alisin.genfan@dshs.state.tx.us. Sincerely, 4SS 4c Lindsay Rodgers, 'rector Nutrition Services Section AG:kk An Equal Opportunity Employer and Provider Ms. Christina Zamarripa, WIC Director August 28, 2015 Page 3 Special Projects Note: Not all agencies are approved for all special projects. Please refer to cover letter. Peer Counselor— This funding can be used for training and salaries of peer counselors who assist pregnant and breastfeeding WIC participants. It can also be used for communication equipment you may have requested and travel expenses peer counselors may incur in the course of performing their job duties or attending training and/or conferences. Allocations are made based upon the following criteria: number of pregnant and breastfeeding women served, retaining counselors established with previous discretionary funding, prevalence of serving rural and remote locations, and breastfeeding rates. Registered Dietitian (RD) — Use this special funding for reimbursement of RD duties such as: • Assisting with the Quality Assurance Program (i.e., ongoing evaluation of individual counseling, nutrition education classes, clinical procedures, etc.). • Assisting with the implementation of Value Enhanced Nutrition Assessment (VENA). • Providing staff training on nutrition -related topics and nutrition assessment procedures. • Assisting with your local agency's WIC Certification Specialist Program. • Developing and implementing a quality assurance program. • Assisting with completion and application of the Nutrition Education, Breastfeeding and Training Plan. • Providing high-risk individual counseling. • Conducting facilitated discussion nutrition education classes. • Consultation regarding the appropriate issuance of special formulas. • Developing and implementing the Obesity Prevention Mini Grant. Please note the following: • All local agencies are required to have an RD on staff or on contract (WIC Policy GA:14.0). • You must follow Policy AC: 16.0 — Allowable Costs - Professional Contract Services, when securing the services of an RD consultant via contract. • Use a separate State of Texas Purchase Voucher (form B-13) to bill the state for RD services funded by this special allocation. Specify on the face of the voucher that this is reimbursement for an RD consultant or to defray the cost of a staff RD. • Prior to contracting with the RD, the RD should provide you with a copy of his/her registration card from the Commission on Dietetic Registration. This is proof that the consultant is an RD. The State Agency plans to reallocate any unused RD funds later this fiscal year. At that time, funds will be shifted from local agencies that have not used their funds to local agencies that need additional funding. Obesity Prevention Mini Grant (OPMG) — OPMG funding may be used to pay for staff time and expenses related to the project as detailed in your accepted project budget. Please be advised that acceptance of your project does not relieve you of the responsibility to seek State Agency approval for a specific dollar threshold related to particular items if State Policy requires it. An Equal Opportunity Employer and Provider Ms. Christina Zamarripa, WIC Director August 28, 2015 Page 4 Lactation Services — Funds are being provided to help your agency provide breastfeeding assistance to WIC participants and WIC staff. This funding can be used for contract or regular WIC employees. You will be reimbursed for the following expenses: • To reimburse local agencies for fees paid to: • Counsel WIC moms with breastfeeding problems that are beyond the expertise of WIC staff. • Provide training to WIC staff, conduct special breastfeeding classes or support group sessions, or assist with WIC -sponsored workshops for health-care professionals. • To reimburse local agency staff for fees paid to prepare for (i.e., study materials) or take the International Board of Lactation Consultant Examiners (IBLCE) exam. See www.iblce.org for more information. • To pay for equipment that would complement lactation consults such as nipple shields and shells, nursing bras, large and extra -large breast pump flanges, and supplemental nursing systems. • To pay for staff reference books and teaching aids such as breastfeeding dolls, stuffed breasts, belly balls, flip charts and other teaching tools. • To pay for equipment to establish and supply a nursing room to be used for lactation consultations and a private place for WIC moms to nurse and pump. Examples include chairs, pillows, stools, side table, lamps, peer counselor desk and chair, and dividers for privacy. An Equal Opportunity Employer and Provider AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 20, 2015 Second Reading Item for the City Council Meeting of October 27, 2015 DATE: October 15, 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 J. H. Edmonds, P. E., Director of Engineering jeffreye@cctexas.com (361) 826-3851 Execute Construction Contract Municipal Communication Studio Facility Renovation CAPTION: Ordinance appropriating $1,033,210.58 from the Unreserved Fund Balance in No. 1031 Public, Education and Government Cable Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $1,033,210.58; and authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of $619,625 for the City of Corpus Christi Municipal Communication Studio Facility Renovation for the Base Bid. PURPOSE: The purpose of this Agenda Item is to execute a construction contract with Safenet Services, LLC for Municipal Communication Studio Facility Renovation. BACKGROUND AND FINDINGS: The City of Corpus Christi was one of the last four cities in Texas to transition from a local cable franchise to state issued franchise in 2012. At the time, the City was grandfathered four cable signals maintained according to Public, Education and Government (PEG) programming standards. All four channels originate from City Hall and are carried on cable television providers Time Warner Cable and Grande Communications with an AT&T Uverse expansion in progress. As a result of the change in franchise, the City now receives cable franchise funds dedicated to the capital operation of the channels. The first major project using capital franchise funds is dedicated to the renovation of an existing space in the City Hall basement to house the infrastructure, studio space and offices for PEG operations. By creating a space dedicated to PEG operations, the City will be able to expand video programming and improve overall quality of channel programming. A dedicated studio operations space will also help prevent issues previously encountered with donated space including scheduling limitations, audio quality and specialized infrastructure requirements including power, lighting and cameras. Most cities receiving PEG franchise funds have already invested heavily in studio operations including Laredo, San Antonio, Houston, McAllen and Austin. This proposed project scope consists of renovations to an existing 2,500 square foot space at the basement floor level of City Hall. The project includes demolition of existing interior wall partitions, construction of new specialized studio partitions, electrical improvements, HVAC modifications, storm water drainage line relocation, new specialized acoustical sound ceilings, sound rated doors, suspended light grid, cabinetry, and furniture. New studio equipment compatible with existing systems will be included under a separate contract. On September 9, 2015 the City received a proposal and the bid is as follows: Contractor Total Base Bid Safenet Services, LLC Corpus Christi, Texas $619,625 ALTERNATIVES: 1. Execute the Construction Contract with Safenet Services, LLC. as proposed. (Recommended). 2. Do not execute the Construction Contract with Safenet Services, LLC. as proposed. (Not Recommended) OTHER CONSIDERATIONS: The Engineer's Opinion of Probable Construction Cost (OPCC) for the Base Bid is $571,681.55. The bid of Safenet Services, LLC is greater than the Engineer's OPCC; however, project funds are available to allow for the construction of the Base Bid for a total construction price of $619,625. These costs include furnishings associated with studio operations and provide for extensive electrical work required for the high voltage studio equipment and relocation of a storm water drainage line serving city hall. The price per square foot for this proposed project is $248/square foot. Other municipal studio facilities under design by the same consultant for the Dallas/Fort Worth area are expected to bid at substantially higher prices. Facility Location Cost Price/Estimate Square Footage Dollar per Square Foot Corpus Christi $619,625 2,500 sf $248/sf Dallas $2,800,000 8,000 sf $350/sf Dallas $5,400,000 16,000 sf $338/sf The project was advertised in the Corpus Christi Caller Times twice (consecutive Monday's) and on the website www.Civcastusa.com. The Civcast website tracks information on projects bidding and their records show this project was downloaded by 34 interested parties including: • 6 general contractors • 7 sub -contractors • 2 suppliers • 8 plan rooms, • and various others including manufacturers and engineers A mandatory pre-bid meeting was held on August 18th, 2015 at City Hall and three general contractors attended and toured the project location. Only one of these general contractors submitted a bid. A follow up with the other two contractors resulted in one did not submit a bid due to obligations on other projects and the other did not receive drywall subcontractor bid information in time to meet the bid deadline. In light of the favorable price, the above information and due to the time and expense to re -bid the project, staff recommends the project be awarded to the sole bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2015-2016 Operating Budget. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Department of Media, EGovernment, and Communications 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 $66,789.42 $1,033,210.58 $1,100,000.00 Encumbered/Expended Amount 66,495.86 66,495.86 This item 619,625.00 619,625.00 Future Anticipated Expenditures This Project 366,771.66 366,771.66 BALANCE $293.56 $46,813.92 $47,107.48 Fund(s): Public, Education & Government Cable COMMENTS: The $1,100,000 grant for this project is for the total cost of constructing and then equipping the studio. At the end of Fiscal Year 2015, all remaining proceeds associated with this project fell to fund balance. This item appropriates the entire balance of the project budget so equipment may be purchased and installed as the work on the studio space is completed. The Construction Contract will result in the expenditure amount not to exceed $619,625 and the project is estimated to be complete in 150 Calendar Days from the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the construction contract with Safenet Services, LLC of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation PROJECT BUDGET City of Corpus Christi Municipal Communication Studio Facility Renovation FUNDS AVAILABLE: Fiscal Year 2015 Operating Funds (Public Information) Fiscal Year 2016 Operating Funds (PEG) (THIS ITEM) TOTAL FUNDS AVAILABLE $1,100,000.00 $ 66,789.42 1,033,210.58 FUNDS REQUIRED: Construction (Safenet Services, LLC) (THIS ITEM) Contingencies (10%) Communication and Studio Equipment (RushWorks) Construction Inspection (estimate) (3.5%) Engneer Fees: *Architectural Engineer (Russ Berger Design Group) Reimbursements: Administration/Finance (Cap.Pr./Cap.Budget/Finance) (2.5%) Engineering Services (Project Mgmt/Constr Mgmt) (2.75%) Miscellaneous TOTAL FUNDS REQUIRED PROJECT BUDGET BALANCE * A/E Consultant Contract awarded by City Council on May 27, 2014. $619,625.00 61,962.50 203,855.02 38,500.00 66,200.00 27,500.00 30,250.00 5,000.00 $1,052,892.52 $47,107.48 Page 1 of 2 Ordinance appropriating $1,033,210.58 from the Unreserved Fund Balance in No. 1031 Public, Education and Government Cable Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to expenditures by $1,033,210.58; and authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of $619,625 for the City of Corpus Christi Municipal Communication Studio Facility Renovation for the Base Bid. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $1,033,210.58 from the Unreserved Fund Balance is appropriated in No. 1031 Public, Education and Government Fund. SECTION 2. The FY 2016 Operating Budget adopted by Ordinance No. 030620 is changed to increase expenditures in the amount of $1,033,210.58. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the City of Corpus Christi Municipal Communication Studio Facility Renovation in the amount of $619,625 with Safenet Services, LLC of Corpus Christi, Texas for the contract Base Bid. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@84059183 Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED on this the day of , 2015. ATTEST: Rebecca Huerta City Secretary @BCL@84059183 Nelda Martinez Mayor ‘t• Corpus Chr sti Capital Programs City of Corpus Christi Municipal Communication Studio Facility Renovation Council Presentation October 20, 2015 Project Location Corpus Chr sti Capital Programs Project Layout Corpus Chr sti Capital Programs Project Scope Corpus Chr sti Capital Programs Project includes: • Renovation of approximately 2,500 square feet of office space • Selective demolition of interior partitions. • The relocation and re -sloping of an existing roof drain leader. • The construction of new interior partitions. • Installation of specialized acoustical treatment. • Installation of a studio lighting pipe grid structure. • Installation of specialized finishes and cabinetry - including wood paneling, painting, and field fabricated acoustical treatment. • Infrastructure for cabling and controls for the studio and control room equipment. Actual cabling and installation of equipment will be by others and not a part of this Construction Contract. Project Schedule Corpus Chr sti Capital Programs 2014 2015 2016 c la I`� to z° as 0 as L a) DESIGN W 0 > 0 � O z o BID u_ c 2al a a 2 CONSTRUCTION Project Construction Estimate: 150 Calendar Days 5 Months 111,114‘ 1P4v111 P LI*gi IPROJECT LOCATION . Ex,l E13144 osti saluwwisrfilltsi City of Corpus Christi Municipal Communication Studio Facility Renovation CITY COUNCIL EXHIBIT _ CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 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: October 2, 2015 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 Jeff Edmonds, Director of Engineering Service JeffE@cctexas.com (361) 826-3851 Granting a Revocable Easement to Eagle Ford Pipeline, LLC at Mobile Estates Park CAPTION: Ordinance granting a twelve (12) foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines along the east side of a City park known as Mobile Estates Park, located south of IH -37 and west of Lantana Street; for the amount of $43,054 as compensation to the City; authorizing the City Manager or designee to execute a Revocable Easement instrument and other related documents for the conveyance of the revocable easement. PURPOSE: This ordinance conveys a Revocable Easement to Eagle Ford Pipeline, LLC which enables them to construct two pipelines along the eastern side of a City's park known as Mobile Estates Park. BACKGROUND AND FINDINGS: Eagle Ford Pipeline, LLC is presently acquiring easement rights for a new pipeline system to connect their terminal at Suntide Road with their other terminal located north of Lantana Road on the ship channel. This pipeline system proposes to cross the City's park property known as Mobile Estates Park. The City recently received a request from Eagle Ford Pipeline, LLC to grant a Revocable Easement for two pipelines which would cross the City's park as shown in red on the attached City Council Exhibit. Both pipelines would be constructed by a horizontal directional boring process beginning 500 feet south of the park and ending north of IH 37. The pipeline will be installed at a depth of approximately 40 feet below the parks surface. There will be no valves or other fixtures within the park property. The City's Department of Engineering and Park & Recreation staff have met to evaluate the easement request and have no objection to its placement across the park property. The amount of $43,054 has been calculated by the City Land Acquisition staff as compensation for the easement based on three variables using pipe diameter, pipe length, and easement area. In oilfield applications, pipeline easement values are typically calculated using a "per rod" or "per foot" unit value for each pipe installed. The typical fee is $2.00 per inch of outside diameter per foot of pipe. Easements are not standard in width and are requested by pipeline companies in varied widths which allow installation of multiple pipelines. City Land Acquisition staff has produced a two part formula which takes into consideration the size and length of the pipes as well as the easement area they occupy. The City's compensation of $43,054 is calculated below: A) Pipe Size, Length, and Quantity Fee: a. Pipe will be charged $2.00 per inch of outside diameter per linear foot. b. Each pipe in the easement will be charged its own individual fee. 20 -inch pipe X $2.00/inch/foot $40.00/foot X 459.0 ft $18,360 per pipe X 2 pipes = $40.00 per foot = $18,360.00/pipe = $36,720.00 B) Easement area fee: a. Easement area is calculated in square feet. b. Easement area is multiplied times a unit cost per square foot of land based on a percentage of fee value of subject land. c. Easements equate to 75% of fee simple value of the land. 12 feet wide X 459 feet long = 5,508.00 square feet 5,508 square feet X $1.15/SF* = $6,334.00 C) Total fee: Pipe Size, Length, and Quantity Fee: Easement Area Fee: Total Just Compensation: $36,720.00 $ 6,334.00 $43,054.00 *Based on appraisal report of various City parks, the fee value of Mobile Estates Park is interpolated at $1.53 per square foot. Easement values are approximately 75% of fee value. Mobile Estates Park value of $1.53 at 75% equates to $1.15 per square foot. This apportionment method is consistent with previous Revocable Easement conveyances granted by the City across City land. The method takes into consideration the variables involved and accommodates requests from pipeline companies for easements of various widths and with multiple sized pipe. The Revocable Easement instruments contain terms and conditions which pertain to construction standards and compliance with laws, including the City's Pipeline License Ordinance passed in 1993 under Ordinance No. 021776. A Pipeline License Agreement is in the process of being issued to Eagle Ford by the Development Services since the pipeline also crosses various City street right-of-ways. The easement is revocable by the City if Eagle Ford violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. Eagle Ford will also fully indemnify the City against any and all liability, damage, Toss claims and actions of any nature as stated in Section 12 of the attached Revocable Easement instrument. Authorization to convey or amend easements across City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Do not grant the easement. Eagle Ford Pipeline, LLC. is a common carrier in the State of Texas with eminent domain rights. Failure to grant the easement to them could lead to eminent domain proceedings against the City. OTHER CONSIDERATIONS: Eagle Ford Pipeline, LLC requires this Revocable Easement in order to construct their pipelines. CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey this easement. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering and Park & Recreation Departments FINANCIAL IMPACT: ❑ Operating [x] Revenue ❑ Capital ❑Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item (Revenue) 43,454 43,454 BALANCE 43,454 43,454 Fund(s): Comments: This is a revenue item. No expenditures are required. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Council Exhibit Revocable Easement, Ordinance Ordinance granting a twelve (12) foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines along the east side of a City park known as Mobile Estates Park, located south of IH -37 and west of Lantana Street; for the amount of $43,054 as compensation to the City; authorizing the City Manager or designee to execute a Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Section 1. That a Revocable Easement be granted to Eagle Ford Pipeline, LLC, for the purpose of constructing, operating, maintaining, repairing and removing two (2) 20 - inch pipelines across a tract of City owned land known as Mobile Estates Park located south of IH -37 and west of Lantana Street, for the amount of $43,054 paid to the City. Section 2. That the City Manager or designee is authorized to execute the Revocable Easement and other related documents for the conveyance of the revocable easement. 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 Nelda Martinez City Secretary Mayor PASSED AND APPROVED, this the day of , 2015. "Mobile Estates 1 Eagle Ford Pipeline, LLC 12' Revocable Easement Mobile Estates Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 REVOCABLE EASEMENT (Eagle Ford Pipeline, LLC, 2x20 in., 2015 -NU -028)) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by Eagle Ford Pipeline LLC, whose address is P.O. Box 4648, Houston, Harris County, Texas, 77210-4648 ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said Eagle Ford Pipeline LLC, the right to relocate, install, operate, repair, replace, and maintain two (2) pipelines, each not to exceed twenty (20) inches in diameter, for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, under the land owned by Grantor described and shown on the attached Exhibit TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A", for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement 1 of 16 f) City Attorney means City's City Attorney or his designee. g) Grantee means Eagle Ford Pipeline, LLC. h) Improvements means two (2) pipelines, each not to exceed twenty (20) inches in diameter within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit "A" means the Exhibit, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, Revocable Easement 2of16 operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property under which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Ordinance No. 021776, approved on October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than four (4') feet from top of existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800- 828-5127 for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or Revocable Easement 3 of 16 regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" Wastewater - 18" Gas - 18" Storm Water - 18" TimeWarner - 12" SWB -12" AEP (CPL) - 12" ESPIRE- 12" KMC -12" ICG - 12" Grande(ClearSource) - 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance Revocable Easement 4of16 policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "B". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self- insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Open Records" under the Texas Open Records Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity,. Grantee must fully indemnify 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, workers; compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents' ") negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut Revocable Easement 5 of 16 the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. City will file the Revocable Easement at the Nueces County Courthouse and Grantee will reimburse City for the recording fees. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Revocable Easement 6 of 16 Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Contractor must notify the Utility Water Representative Wastewater Representative Gas Representative Street Superintendent Storm Water Superintendent Traffic Signal & Fiber Optic Texas One Call 1-800-DIG-TESS Representatives at: - 361 - 857-1888 (880-3140, after hours) - 361 - 857-1818 (880-3140, after hours) - 361 - 885-6900 (885-4396, after hours) - 361 - 857-1940 (886-2600, after hours) - 361 - 857-1881 (880-3140, after hours) - 361 - 857-1940 (886-7452, after hours) - 361 - 1-800-245-4545 - 361 - 1-800-344-8377 and the Franchisee's Representative(s) at: SWBT - 361 - 881-2511 (1-800-824-4424, after hours) AEP (CP&L) - 361 - 299-4833 (693-9444, after hours) Time Warner - 361 - 857-5000 (857-5060, after hours) Grande (ClearSource) Espire (Fiber Optic) KMC (Fiber Optic) ICG (Fiber Optic) Caprock (Fiber Optic) - 361 - 814-1500 (334-3000, after hours) - 880-5934 (pager, 850-2652, after hours) - 504 - 733-3900 (pager, 1-800-676-9407) - 361 - 561-3204 (361-774-3889, after hours) - 972 - 702-7924 to verify depths, locations, and time of beginning construction or repair The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed Revocable Easement 7 of 16 adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 - inches on either side of trench cut. Subgrade will be trenched with some prime coat MC -70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil Revocable Easement 8 of 16 surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. fj Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Revocable Easement 9 of 16 Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. 1) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that Revocable Easement 10of16 complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed this the day of , 2015 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Valerie H. Gray, P.E. Revocable Easement 11 of 16 APPROVED S TO LEGAL FORM: day of , 2015 By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Valerie H. Gray, P.E., Executive Director of Public Works, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement 12 of 16 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2015, by George N. Polydoros, Jr., in his capacity as Attorney In Fact of Eagle Ford Pipeline LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement as amended. Eagle Ford Pipeline, LLC By: Name: George N. Polydoros, Jr. Title: Attorney In Fact THE STATE OF TEXAS COUNTY OF § § This instrument was acknowledged before me this day of 2015, by George N. Polydoros, Jr. as Attorney In Fact of Eagle Ford Pipeline LLC, who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Revocable Easement 130116 EXHIBIT "A" NUECES COUNTY, TEXAS P.O.T. 2015 -NU -02 Il CRY OF CORPUS CJiR115i1 MOBILE ESTATES ti LOT 1-A, BLOCK 1 2.08 ACRES (PARIQ VOL 37, PG. 150 RAR.N.C.T. P.D.B. S 69°3330' W 21 0' MOBILE ESTATES LOT 1, BLOCK 2 VOL 37, PG. 150 M.R.N.CT. DETAIL `A'• NOT TO SCALE CTYP.I R.E.R.W PROPOSED EASEMENT CENTER UNE PIPELINE AND EASEMENT LINEAR FEET 459.1 RODS 27.8 ACREAGE OF REVOCABLE ESMT 0.13 ACREAGE OF TEMP. ESMT — I.H. 37 N 01'06'09' E 22 CORPUS CHRISTI HOUSING AUTHORITY CALLED 21.337 ACRES LOT 1,BLOCK 1 PADRE/INTERSTATE 37 PARK UNIT 2 VOL 84, PG. 243, M.R.N.C.T P.O.C. F.I X. 1,314,459.3' Y. 17.182,006.4' SKYUNENE DE NOTA TH3 PLAT WAS PREPARED VATIgUT THE BENEFR OF COMM' TRW AE ORT ALL DEEDS MERE PRO' 10ED BY THE CUM AND MAY MDT REFLECT 9 T OWNERSF ' EASEMENTS OF PCCO1SS4 ARE NOT SHOWN HEREMH. ND OTHER RESEARCH WAB PEFDFIIIED BYim L110EBSGGNE09AIVEy'DR. ALL WAWA AND DLTTANCE CONTAINED AMR ARE URD, EASED ON THE MAI STATE PLANE COORDINATE SYSTEM. SOUTH ZONE 147Da). LLS sumer FEET NDRTNAxprJ,N DATUM DF 007 2011 A LEGAL D67CIVFTION ACCOMPANIES Thm PLAT EVEN DATE TH3 PLAT I! WENDED POR THE USE Of EAGLE FORD PIPELLNI _, a FCR THE PURPOSE 0' mimosa A PIPELINE EASEMENT IT DOES NOT REPRESENT A DOLMA/NOR CONSTRUCTION SUIF/EY, F70 TOPOGRAPHY OR P011 i*E CROSSINGS ARMONK ON THIS PLAT SURVEY ABSTRACT BOUNDARYNOT RSD VCRFPCD. ASSTIIACT001.NON1ES COWED FROMMEI DATA E VILLAREAL A-1 SCALE 1-- 200 200 100' 0 200 LEGEND - — PROPOSED EASEMENT CENTER UNE PROPERTY WJE --- - - — SWNEYUNE PIPELINE EASEMENT PITA POINT OFBEGIMANG P.D.C. POINT OFCOMMONS P.O.T POINT OF TERMINATION R.E.RLW. REVOCABLE EASEMENT AND RIGHT OF WAY ADDITIONAL TEMPORARY WORKSPACE AT.WS. FIrO FAC F.I.R. F.N.P TYP. M,RN.C.T mum FENCE FOUND IRON ADD FOUND RON PIPE TYPICAL DEED RECORDS OF NUECES COUNTY TX MAP RECORDS OF NIECES COUNTY. TX D RAWN BY' 0114 APPROVED BY KCK DATE: DA105RA15 JOB NO- 2014., 52s D RAWING NAME: S HEET NO' 1 OF 2 PROJECTION:TXHP-5F GEO DATUM 148071 VERT DATUM HAYDN GRID UNITS- US SURVEY FEET EAGLE FORD PIPELINE LLC REVOCABLE EASEMENT AND RIGHT OF WAY 2015 -NU -028 CITY OF CORPUS CHRISTI E. VILLAREAL SURVEY, A- 1 NUECES COUNTY, TEXAS EAGLE FORD PIPELINE LLC Bps 6O EIIKEa R 01125 76,41:644 SMxITa7Ha Snag¢ -n 77477 12051140.0113 m.,eA.ma 771 REG. 0101102.01 REV ND: W I REV. DATE: 0➢t02f2D15 C REV BY RH REVISION DE3CRIPTLON: REV0SE0 HAMS OF BOAT TO REVOCABLE Z BAKER SMITH. uc •1°PliiliN•L C°MILLT&MTM SINCE 1111 TX. REG. #101102-01 12825 Trinity Dr., Houston, TX 77477 Main Line: 281.240.0113 • Toll Free: 1.866.357.1050 • Fax: 281.240.0245 • Online: www.tbsmith.com EXHIBIT "A" FIELD NOTES FOR EAGLE FORD PIPELINE LLC TWELVE (12) FOOT REVOCABLE EASEMENT AND RIGHT OF WAY Being a centerline description of a TWELVE (12) foot wide REVOCABLE EASEMENT AND RIGHT OF WAY (P.E.R.W.) out of the E. Villareal Survey, Abstract Number in Nueces County, Texas, being upon, over, through and across Lot I -A, Block 1 of Mobile Estates as recorded in Volume 37, Page 150 of the Map Records of Nueces County, Texas (M.R.N.C.T.), the sidelines of said easement being lengthened or shortened to meet the boundaries of said Lot, said EASEMENT CENTERLINE bcing mare particularly described as follows: COMMENCING at a 5/8 inch found iron rod on the North right-of-way line of Skyline Drive for the Southeast corner of said Lot 1-A; THENCE S 89°33'30" W, along the South boundary line of said Lot 1-A, a distance of 21.0 feet to the POINT OF BEGINNING of the herein described EASEMENT CENTERLINE; THENCE N 00°42'51" W, over and across said Lot 1-A, a distance of 456.9 feet to an angle point; THENCE N 01°06'09" E, continuing over and across said Lot 1-A a distance of 2.2 feet, more or less, to the POINT OF TERMINATION on the South right-of-way line of interstate Highway 37 and the North boundary line of said Lot I -A; Said EASEMENT CENTERLINE having a total length of 459.I feet or 27.8 rods and said permanent easement containing 0.13 acres of land, more or Tess. An Easement Plat accompanies this legal description of even date. (REV 3) Basis of Bearings: G.P.S. Observations, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Keith C. Keppler, R.P.L.S. Texas Registered Professional Land Surveyor No. 6271 2 of2 EXHIBIT B INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement 14 of 16 WORKERS' COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Which Complies With The Texas Workers'v, Compensation Act And Paragraph Ii Of This Exhibit $500,0005500,0005500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "AIl States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as Revocable Easement 15 of 16 respects 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 and professional liability policies; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Iess than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a (apse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as Iimiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Eagle Ford Pipeline LLC Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. Revocable Easement 16 of 16 Corpus Chr"sti Engineering Mobile Estates Park Revocable Easement Council Presentation October 27, 2015 Location Map Corpus Chr sti Engineering Mobile Estates Park" Skyline D / 1 EASEMENT LOCATION LOCA NC TION MAP 2 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: August 8, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Interlocal Agreement with Calallen Independent School District to continue operation of the City Latchkey Program CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Calallen Independent School District for continued operation of the City Latchkey Program at Calallen ISD. PURPOSE: To enter into an Interlocal Agreement with Calallen ISD to continue operation of the City Latchkey Program. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department's Latchkey Program began offering services to Calallen ISD in January 2009. The program currently operates three sites — Magee Intermediate, Calallen East, and Wood River Primary. Currently, there are 100 participants during summer camp and there were 264 participants during 2014 -2015 school year. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all Interlocal Agreements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 Encumbered/ Expended Amount 0 0 0 This item 0 0 0 BALANCE 0 $0 $0 Fund(s): General Fund Comments: Interlocal Agreement will go into effect immediately upon approval. RECOMMENDATION: Staff recommends that the Council approve the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Calallen Independent School District for continued operation of City Latchkey Program at Calallen ISD Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: Section 1. That, the City Manager or his designee is authorized to execute an Interlocal Agreement with Calallen Independent School District for continued operation of a City Latchkey Program at Calallen ISD. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of Nelda Martinez Mayor 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 Page 1 of 7 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT FOR THE LATCHKEY PROGRAM This agreement is entered into between the City of Corpus Christi, a Texas municipal corporation ("City"), acting through its duly authorized agent, City Manager, and Calallen Independent School District ('`District"), acting through its duly authorized agent. Superintendent, for purposes of the Texas Intergovernmental Cooperation Act, Government Code. Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring an after-school child care and activities program for those elementary students who meet Latchkey's participant guidelines and who attend schools with Latchkey sites during the District school year which is approximately August of each year through June of the following year using several of the District's school campuses: and WHEREAS. the City is sponsoring the Latchkey Camps during the District's summer months which begin approximately June of each year and continue through August of the same year for those elementary students who meet Latchkey's participant guidelines; and WHEREAS, the District agrees to provide building, playground facilities, utilities, and janitorial services for the Latchkey program and Latchkey Camps, collectively defined as "Latchkey Program"; and WHEREAS, both parties endeavor to provide a safe after-school and summer vacation environment for Calallen ISD students; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: 1. District Responsibilities. The District shall have the following obligations and responsibilities under this Agreement: a. District agrees to provide building and playground facilities for the Latchkey Program operated by the City during Latchkey's full hours of operation sufficient to meet latchkey program guidelines. This includes building utilities such as water, gas, electricity and access to telephones as required by Childcare Licensing; use oftables, chairs, televisions and vcr/dvd; and access to restrooms and playground facilities. b. District agrees to conduct site inspections to determine compliance with applicable safety codes. This includes yearly fire and gas line inspections and continual monitoring and repair of alarm systems and safety equipment. c. District agrees to provide health care supplies, including lined trashcans, paper towels and toilet paper for each site. Page 2 of 7 d. District agrees to provide after -program custodial maintenance, including the emptying of trash containers, the sweeping and mopping of floors and spray waxing of furniture as needed. e. District agrees to provide at least 48 hours advance notice to the City if Latchkey is to be moved to a different area of the building. Space must be in compliance with State licensing requirements. 2. City Responsibilities. The City shall have the following obligations and responsibilities pursuant to this Agreement: a. The Latchkey staff is responsible for administration of the entire Latchkey Program, including, but not limited to: (1) Setting and collecting fees; (2) Preparing and enforcing rules and regulations related to student discipline: (3) Hiring and training of staff; (4) Ensuring compliance with established program guidelines. (5) Determining maximum number of Latchkey Program attendees at each site. b. City will be responsible for the repair to the facility or repair or replacement of equipment that is damaged or lost during the Latchkey Program. The decision as to repair or replacement of a damaged or lost item shall be mutually agreed upon by the City and District. City will reimburse District, for the damage or loss, at current market value. District will provide proof of value, of damaged or lost items. by providing City, any or all of the following: fixed asset records, purchase order or copies of invoice. c. City shall continue site inspections to determine compliance with health and safety codes. Latchkey staff will cooperate with school site personnel to monitor the site for a determination of and response to health and safety hazards. d. City shall be responsible for all Latchkey Program activities including arts and crafts and structured recreational play. This includes storing such materials at the sites where space allows. e. During the Latchkey program, the City shall provide the following cleaning services: cleaning the tops of tables; placing trash in trashcans; cleaning chairs; placing chairs under tables; and returning furniture or fixtures to their original arrangements. For safety purposes, Latchkey personnel will be instructed to not place chairs on tops of tables. 3. Term. This first term of this agreement begins on date of last signature and continues for one year. Thereafter, unless previously terminated as provided herein, this agreement renews automatically for successive annual terms. Page 3 of 7 4. Termination. This Agreement may be terminated by any of the following occurrences: A. By mutual agreement and consent of the City Manager and of District Superintendent. B. By either party upon written notice to the other party at least 60 days prior to the start of the District school year. C. By either party upon the failure of the party to fulfill its obligations as set forth in this Agreement, upon thirty days notice and opportunity to cure. 5. Uses of District Information and Records by the City. The City may, from time to time, have access to, and use of, confidential student information obtained from the District for the sole purpose of the assistance of District students' participation in the Latchkey Program. For students with special education requirements, the District will share information and records with the City regarding said students to ensure that the City's Latchkey Program employees are aware of any individual education plans or special needs for such students, so that appropriate accommodations may be made for such students. The City shall not release or disclose to the public or any third party student information or records without the prior written consent of the parent(s) of the minor in question, except as required by state or federal law. Each party shall take all steps necessary to ensure that the student information and records are viewed only by authorized representatives of the City for the permissible uses stated herein. Said information is considered confidential, and shall not be used by the City or its employees for private purposes 6. Expenses. Expenses incurred through Latchkey Program activities are the City's responsibilities. Facility and site expenses are the District's responsibilities. All funds expended by either party to fulfill obligations under this Agreement will be from currently available revenue at the time of each party's expenditure. 7. Licensing. City will maintain all licenses as may be required by the State of Texas. Monitors for Latchkey sites may make random visits to determine compliance with State guidelines. 8. Sites. The attached Exhibit A reflects the currently approved Latchkey sites. Before the start of new school year Latchkey Program, and before the start of summer Latchkey Program. the City and District shall meet to identify and mutually agree upon possible Latchkey program locations. Site selection is based on need for services as determined by community survey(s) and by availability of required space and fixtures. Selection is also based on access to restrooms, janitorial service availability, and other criteria as determined by the Parks and Recreation Department of the City and the District. Current space requirements are 30 square feet of indoor play space per child. if the City is cited for licensing violations that are due to Facility non- compliance issues, the City reserves the right to cease operating the Latchkey Program at that site based upon the compliance date established in the citation unless District chooses to remedy the non-compliance at its cost or allows City the right to implement non-structural remedies at its cost. 9. Liability. To the extent permitted by law, neither party shall be responsible to the other for personal injuries, losses, claims or demands caused by the acts or omissions, if any, ofsuch party Page 4 of 7 or its agents, employees, contractors, patrons, guests, licenses or invitees related to City conducting the Latchkey Program at Calallen ISD sites. Liability, if any, of either party shall be that prescribed by the Iaws of the State of Texas. 10. Limitation on Location. Notwithstanding, section 6 above, all activities conducted in accordance with this Agreement must be conducted exclusively on a school campus of the Calallen Independent School District pursuant to this Interlocal Agreement. 11. Public Hearings. District will comply with Section 33.902 of the Education Code, as applicable, which requires a district with student population of more than 5,000 to conduct two public hearings a year, to discuss the need for and availability of child care before, after. or both before and after the school day and during school holidays and vacations for the district's school -age students. The public is notified of the hearings through advertisements in the Corpus Christi Caller -Times and press release distributed to the media. 12. Control of Facilities and Announcements. District does not give up ultimate control of the facilities and retains the right to enforce all necessary laws, rules. and regulations, as well as the right to make announcements as District may deem necessary in the interest of public safety. City will cooperate and cause its agents and employees to cooperate with delivery of such announcements. 13. Non -Assignment. Neither this Agreement, nor any interest therein, is assignable without the prior written consent of the other party. 14. Entire Agreement. This Agreement contains and incorporates the entire agreement of the parties and supersedes any and all prior or written agreements, arrangements or understandings between the parties with respect to the subject of this agreement. This agreement may be amended or modified only by an agreement in writing signed by both parties. 15. Programmatic Changes. If City and District staff determines that programmatic changes are necessary that add additional responsibilities, the City Manager and the District's Agent must mutually agree to the changes before they are implemented. Programmatic changes that do not add additional responsibilities may be implemented by either party upon prior written notice to the other of the proposed change. 16. Notices. All notices required hereunder shall be sent to the parties at the following addresses: Parks and Recreation Department City of Corpus Christi P.O. Drawer 9277 Corpus Christi, Texas 78469-9277 Attn: Calallen Independent School District Attn: Superintendent 4205 Wildcat Drive Corpus Christi, Texas 78410 17. Effective Date. This Agreement is dated and effective on date of last signature, which is 2015. Page 5 of 7 CITY OF CORPUS CHRISTI City Manager Legal form approved on . i Y , 2015; By: te.-44-7 Lisa Aguilar, Assi(jant City Attorney For the City Attorney CALALLEN INDEPENDENT SCHOOL DISTRICT By L 06 NU. �'.l�,l Date: Dr. Arturo Almendarez, Superinterient Page 6ol'7 EXHIBIT A Calallen Independent School District Calallen East 3709 Lott Ave. Corpus Christi, TX 78410 Magee Intermediate 4201 Calallen Corpus Christi, TX 78410 Wood River Primary 15118 Dry Creek Dr. Corpus Christi, TX 78410 Page 7 of 7 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: October 5, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities G u sta vo G o@ cctexa s. co m (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Execute Design — Build Agreement Signs/Signals Operations — New Shop and Office Facility (Bond 2012) CAPTION: Motion authorizing the City Manager, or designee, to execute a Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations — New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations — New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. BACKGROUND AND FINDINGS: This project was approved in Bond 2012, Proposition No.3: Signs/Signal Operations — New Shop and Office Facility. Brochure Language: "Signs/Signal Operations — New Shop and Office Facility $2,500,000. This project proposes the replacement of the existing sign shop, which is beyond repair, with a new facility for signs, signals, markings and Traffic Engineering operations and personnel. This project also includes a 25 -ton overhead crane for regular operations." Ordinance Language: "Designing, constructing, renovating, expanding, improving, and equipping the City's Service Center Complex (including Streets and Solid Waste Administration Building Roof Replacement, expansion of Signs/Signal Operations facilities, renovations and improvements to Animal Control facilities, roof repairs to Fleet Maintenance/Heavy Equipment facilities, construction of new facilities for Streets & Sold Waste)". Project Scope: This project provides for a new 12,000SF building to consolidate the Streets and Signal departments that are currently located in 10 different buildings across the City. This new facility includes administration offices, fabrication work area, storage and shops, and the Traffic Management Center (TMC) for the Advanced Transportation Management System (ATMS). This facility will support 18 full time City employees for maintenance and support of Traffic Signs, Markings and Signals with approximately 5,000 SF designated for work area and storage. The new building construction includes metal panel insulated roof with exterior brick veneer and concrete masonry unit walls, new high energy-efficient HVAC and LED lighting, and new concrete drive with parking improvements. The new facility will be fully ADA accessible. This project replaces and consolidates the existing Traffic Signal Operations and the Signs & Markings Operations to directly improve operational efficiencies. The existing 10 different buildings are located in various areas. The two primary buildings are the temporary trailer administration office located at adjacent to the existing Streets and Solid Waste Administration building and the metal framed building with corrugated exterior walls and roof located at McBride and Leopard Street. The other 8 buildings are various small storage units at numerous locations including three rental units. The existing facilities are experiencing severe deterioration including foundation movement resulting in uneven floors, roof leaks, and water/sanitary sewer pipeline breaks. Additionally, the existing mechanical/electrical systems are partially functioning and not economically feasible for upgrades and repairs. This project was previously designed as an 11,000SF facility and advertised under the traditional design -bid -build method. However, with the passage of Bond 2014, funds were identified for a new TMC with equipment and an additional 1,000SF would be necessary to house the equipment. Consolidating the TMC within this project maximizes the operational efficiencies and minimizes overall construction cost. Therefore, all bids were rejected and the project was repackaged as a two-phase Request for Qualifications/Request for Proposal (RFQ/RFP) Design -Build with a Guaranteed Maximum Price (GMP) to control cost within the available funding. For Phase 1 of the RFQ, five proposals were received and evaluated with two shortlisted to proceed to Phase 2 under the RFP to determine the "Most Qualified" submission by the Selection Committee. The Phase 1 Evaluation Criteria is as follows: • Qualifications • Experience and Past Performance • Project Approach and Management Plan • Small Business Goals (no points) The two shortlisted were evaluated on Technical Proposal for the selection of the "Most Qualified" and subsequently the Cost Proposal requested and negotiations to finalize the GMP. Fulton Coastcon General Contractors were determined as the Most Qualified. Extensive negotiations and value engineering were conducted to achieve the intended scope and fee within the available funds that is presented in the following table: Item Description Amount ($) Base Scope New 12,000 SF pre-engineered metal framed building with 5,200 SF Warehouse/Shop area and 6,800 SF administration office area. $2,150,000 Alt. No.1 Provide concrete masonry unit (CUM) walls in lieu of metal siding for better durability and insulation at Warehouse/Shop area $105,000 Alt. No.2 Provide electrical panels and configuration for emergency generator connection $25,000 GMP ($) Base Scope + Alt. 1 + AIt.2 $2,280,000 During the negotiations the two Alternatives were identified as long-term cost effective solutions to improve energy efficiency and critical operations during and after storm events. This project is anticipated for completion within 365 calendar days with a Guaranteed Maximum Price of $2,280,000 which is within the budget of Bond 2012 and equates to $190/SF. ALTERNATIVES: 1. Authorize execution of the Design -Build Agreement. (Recommended) 2. Do not authorize execution of the Design -Build Agreement. (Not Recommended) OTHER CONSIDERATIONS: As allowed by the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction Projects and more specifically Subchapter G Design -Build Procedures for Certain Facilities Projects, in considering a construction contract using a method other than competitive bidding, the City "must, before advertising, determine which method provides the best value". A contract for construction of the TMC and required equipment will be presented to the City Council in the near future. CONFORMITY TO CITY POLICY: This contract conforms to City Fiscal Policy, the City's Charter and the FY 2015-2016 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date (CIP only) Current Year Future Years TOTALS Line Item Budget $2,575,000.00 $2,575,000.00 Encumbered / Expended Amount 196,637.25 196,637.25 This item 2,280,000.00 2,280,000.00 Future Anticipated expenditures for this project 98,182.17 98,182.17 BALANCE $180.58 $180.58 Fund(s): Public Facilities CIP 2014-2015; Water / Wastewater CIP - Seq. No. PF 02 COMMENTS: N/A RECOMMENDATION: City Staff recommends the approval of the Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations — New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Design -Build Services Signs/Signals Operations - New Shop and Office (Bond 2012) FUNDS AVAILABLE: Public Facilities CIP 2014-2015 $2,500,000.00 Water Capital Improvement Program 25,000.00 Wastewater Capital Improvement 50,000.00 Total $2,575,000.00 Previously Spent Funds Design (Chuck Anastos) $156,000.00 Geotechnial Investigation (Rock Engineering) 6,400.00 AEP line relocation (AEP) 511.82 Reimbursement 33,725.43 Sub -total $196,637.25 Funds Available for Design -Build $2,378,362.75 FUNDS REQUIRED: Design -Build Services (Fulton Coastcon General Contractors) $2,280,000.00 Construction Observation (Estimate) 57,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 17,837.72 Engineering Services (Project Mgmt/Constr Mgmt) 22,594.45 Misc 750.00 TOTAL $2,378,182.17 ESTIMATED PROJECT BUDGET BALANCE $180.58 Signs/Signals Operations New Shop and Office BOND 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1................. Corpus Chr sti Capital Programs Design -Build Services for Signs/Signals Operations - New Shop and Office Facility (Bond 2012) October 20, 2015 Project Corpus Chr sti Capital Programs • Resolution to award a $2,280,000 contract to Fulton Coastcon Construction for a 12,000 SF Signs and Signals Operations building • Bond 2012 Proposition 3 • Building will be used to support Street Department Operations in the maintenance and management of traffic signs and signals. • Contractor was selected through a Design —Build process for flexibility, timing and securing a guaranteed maximum price with two alternative bid items. Project Corpus Chr sti Capital Programs • The Signs & Markings with Traffic Signals operations will consolidate 18 FTE's from 10 separate buildings. • Several of the facilities are substandard and do not meet operational requirements and provide poor working conditions. • Establishes a new Traffic Management Center (TMC) for a new Advanced Transportation Management System allowing unprecedented interaction and control of the traffic signals. Design -Build Corpus Chr sti Capital Programs • Two phase approach- Request for Qualifications with a Guaranteed Maximum Price (GMP) to control cost. • Phase 1- 5 proposals received and evaluated and 2 were shortlisted to proceed to Phase 2. • Phase 1 Criteria • Qualifications • Experience and past performance • Project approach and Management Plan • Small business goals (no points) • Phase 2 — Based on most qualified. Project Scope Corpus Chr sti Capital Programs Base scope: (12,000SF) ✓ 6,000 SF administration offices; 800 SF TMC; & 5,200 SF warehouse/shop. ✓ 25 Ton overhead crane ✓ Breakroom/Restroom Additive Alternates: ✓ Alt. 1: Concrete masonry unit (CMU) walls for work shop area for improved durability and insulation; and ✓ Alt. 2: Electrical service for future emergency generator connection. Guaranteed Maximum Price: $2,280,000 ($190/SF) Project Scope 41* Corpus Chr sti Capital Programs Existing Spaces (11,330 SF) Existing buildings & location SF FTE's 1 Street Solid Waste Bldg Supt. Office Traffic Technician Area 2 Storage Unit 1 (Street Equip Yard) 3 Storage Unit 2 (Rental Unit) 4 Signal Assembly Shop (Fleet Fuel Sta) 528 168 1 360 7 400 500 1,000 5 Signs & Markings Technician Area Rental Trailer (Service Center) 980 9 Sign & Markings Shop/Warehouse 6 (Leopard & McBride) 6,050 1 7 Storage Unit 3 (Leopard & McBride) 676 8 Storage Unit 4 (Street Equip Yard) 1,200 11,334 18 New Building (11,400 SF) Additive Alternates: ✓ Alt. 1: Concrete masonry unit (CMU) walls for work shop area ✓ Alt. 2: Electrical service for future emergency generator connection Project Location Map ez) Corpus Chr sti Capital Programs NOT TO SCALE Signs/Signal Operations — New Shop and Office Facility Located within the Service Center area next to current offices Project Site Map Corpus Chr sti Capital Programs CORPUS CHRISTI TRAFFIC SIGNS & SOLID WASTE BUILDING Site layout for the proposed Signs & Markings with Traffic Signals building. Existing Facilities Corpus Chr sti Capital Programs McBride@ Leopard- building is over 60 years and is beyond repair Office Trailer at the Service Center will be removed Cost Comparison Corpus Chr ‘11150 Corpus Programs Guaranteed Maximum Price: $2,280,000 Design Build Contractor: Fulton Construction Cost Comparison with other Local Projects Building Type/Description SF $/SF Building Cost * City Signs and Signal Building 12,000 $ 190 $ 2,280,000 Local School 11,000 $ 206 $ 2,266,000 Local School 37,000 $ 172 $ 6,364,000 Local School 11,000 $ 241 $ 2,651,000 Veternarian Clinic 10,000 $ 259 $ 2,590,000 Multipurpose Building 12,500 $ 227 $ 2,837,500 Local School Locker Room Addition 4,000 $ 187 $ 748,000 Agricultural Building Addition 2,000 $ 265 $ 530,000 Local School Addition 23,000 $ 222 $ 5,106,000 Cable/Office Building 2,000 $ 257 $ 514,000 Note: *2,280,000 includes design, permitting & testing services $2,180,000 provides for Construction only ($182/SF) Project Schedule Corpus Chr sti Capital Programs 2016 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Bid Construction Project Estimate: 365 Calendar Days 12 Months Projected Schedule reflects City Council award in November 2015 with anticipated construction completion in November 2016. Corpus Chr sti Capital Programs Questions 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: TO: October 14, 2015 Ronald L. Olson, City Manager 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 Approval of Professional Monitoring Contract Packery Channel Monitoring 2015-2016 CAPTION: Motion authorizing the City Manager, or designee to renew the yearly contract for Packery Channel Monitoring for Fiscal Year 2015-2016 by executing Amendment No. 11 between the City of Corpus Christi and Texas A & M University -Corpus Christi in the amount of $350,703.00. PURPOSE: The purpose of this Agenda Item is to authorize the proposed consultant to continue monitoring of the Packery Channel through Fiscal Year 2015-2016. BACKGROUND AND FINDINGS: Packery Channel monitoring began in 2003 by Texas A&M University -Corpus Christi (TAMUCC) Division of Nearshore Research (DNR). DNR's monitoring was conducted under sponsorship of the U.S. Army Corps of Engineers (USACE), Galveston District. USACE ceased monitoring efforts in 2007. The City assumed sponsorship of monitoring in 2008 and contracted with DNR to continue monitoring. This is a specialized service that was developed in partnership with the university and DNR. The monitoring program consists of three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) as well as changes in the width/depth of the inland channel segment and beach width/volume as related to: • Post -dredge and post -nourishment monitoring • Future dredge planning and support • Navigation safety and placement of aids to navigation where required • Beach nourishment planning and support • Sensitive habitat management at the Mollie Beattie Coastal Habitat Community (MBCHC) • FEMA reimbursement documentation • Data acquisition for application of structural stability assessment (coastal structures: jetties, revetment, bridge scour protection) • Public awareness and community education/outreach • Support and collaboration on vicinity coastal projects and concerns. This monitoring provides crucial information to the City to understand the shoaling and scour in the Packery Channel and tracks changes through historic beach profile and shoreline surveys for planning beach nourishment and/or redirection of vehicular access. This information allows strategic decisions for the timing of dredging and beach nourishment. This information is also important to navigation safety with the placement of navigation aids, and the management of sensitive habitats. ALTERNATIVES: 1. Approve Amendment No. 11 to the contract with TAMU-CC as proposed. 2. Do not approve Amendment No. 11 to the contract with TAMU-CC as proposed. OTHER CONSIDERATIONS: This professional services contract was presented to the Island Strategic Action Committee (ISAC) on August 4, 2015 and was recommended for City Council consideration. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2015-2016 Capital Improvement Budget, and conforms to the appropriation and use requirements of ISAC and the Tax Increment Reinvestment Zone (TIRZ) No. 2. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $510,000 $510,000 Encumbered / Expended Amount This item 350,703 350,703 Future Anticipated Expenditures 13,250 13,250 BALANCE 146,047 $146,047 Fund(s): Packery Channel Projects TIF #2, Parks and Rec, Seq. No. 11 COMMENTS: N/A RECOMMENDATION: City staff recommends the approval of Amendment No. 11 to the Contract for Professional Monitoring be awarded to TAMU-CC in the amount of $350,703.00 LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Location Map Presentation PROJECT BUDGET Packery Channel Monitoring 2015-2016 (Project No. E14051) PROJECT FUNDS AVAILABLE: Packery Channel Projects TIF #2 CIP Budget Year 2015-2016 $ 510,000 FUNDS REQUIRED: Professional Services Fees: *Investigator (Texas A & M - Corpus Christi) Amendment 11 (FY 2015-2016) 350,703 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (1.%) 5,100 Engineering Services (Project Mgmt) (1.5%) 7,650 Misc 500 TOTAL $ 363,953 ESTIMATED PROJECT BUDGET BALANCE $ 146,047 *Contract value for services to be performed in FY2015-2016 indicated above. Total Contract value of $2,525,570.00, with services performed annually since 2008. CITY OF CORPUS CHRISTI PROFESSIONAL MONITORING CONTRACT PACKERY CHANNEL MONITORING 2015-2016 Amendment No. 11 The City of Corpus Christi, Texas, hereinafter called "CITY", and Texas A&M University -Corpus Christi hereinafter called "TAMU-CC", hereby agree to amendment of the Contract as approved by City Council Motion 2008-052 on February 26, 2008, administratively amended on March 3, 2008, by Motion 2009-007 on January 13, 2009, by Motion 2009-091 on April 14, 2009, by Motion 2010-095 on April 27, 2010, administratively on September 21, 2010, by Motion 2011-212 on September 27, 2011, by Motion 2012-165 on September 11, 2012, by Ordinance No. 29993 on October 29, 2013, administratively on September 30, 2014, by Motion 2014-171 on December 16, 2014 as follows: I. SERVICES TO BE PERFORMED TAMU-CC hereby agrees to perform all consulting services necessary to monitor, perform, complete, and report the results of a comprehensive study of morphology and changes and current velocity at Packery Channel. II. SCOPE OF SERVICES TAMU-CC's services will be those necessary to provide the monitoring required to deliver an annual written report and presentation of the observations and results of the monitoring program that takes place during the term of this contract. The monitoring program consists of three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) as well as changes in the width/depth of the inland channel segment and beach width/volume as related to: • Post -dredge and post -nourishment monitoring • Future dredge planning and support • Navigation safety and placement of aids to navigation where required • Beach nourishment planning and support • Sensitive habitat management at the Mollie Beattie Coastal Habitat Community (MBCHC) • FEMA reimbursement documentation • Data acquisition for application of structural stability assessment (coastal structures: jetties, revetment, bridge scour protection) • Public awareness and community education/outreach • Support and collaboration on vicinity coastal projects and concerns. TAMU-CC will complete the tasks in Section 11 as set forth in the research proposal attached as Exhibit "A". A. TASKS Specific tasks to be undertaken are set out as follows: Task 1. Project Management and Aerial Photography 1-1. Project Management Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials requested by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTI1 CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 1 of 6 professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage. 1-2. Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIW1N to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2015 show that the cost of aerial photography is comparable to the 2014 effort. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter -tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are appropriate for visuals and explanation aids to residents and laypersons. Schedule: (1) annual set conducted Sept/Oct 2015 (pending weather conditions). Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Survey Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore up to one mile into the Gulf of Mexico. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to calculate volumetric change along historically surveyed areas of the beach and sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering (Zone of Influence) by the jetties. Schedule: (1) Annual survey conducted during peak summer condition (Sep/Oct 2015). (3) Intensive surveys of beach nourishment area fronting the North Padre Island seawall (Sept/Oct 2015 and Feb/March 2016 and June 2016) 2-2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. Purpose: These surveys are an efficient and low-cost way to measure changes in the width of the dry beach over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession that have been identified fronting the North Padre Island Seawall and Whitecap Blvd as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (3) Surveys. Tentative survey schedule: Sep/Oct 2015, Jan/Feb 2016 and June 2016 2-3. Surveys of channel and nearshore depth and morphology (Features of seafloor and bottom of channel) Description: These bathymetric surveys combine single -beam and multi -beam sonar coverage to provide high resolution of morphology (shoals, scour and bars). Seasonal series of data is K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTI1 CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 2 of 6 applied to interpretation of pathways of sediment transport. Purpose: Data is applied to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change of sand, for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to assist with determining potential scheduling of dredging. Schedule: (3) Surveys. Tentative survey schedule: Sep/Oct 2015, Jan/Feb 2016 and June 2016. (abbreviated — Basin to Gulf only). Additional surveys may be required if data indicate that depth - limited navigation is imminent. 2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC and changes in the elevation of the wetland. Analysis of these data sets provide quantification of change in primary (-5 ft) and upper bank (MSL) width along MBCHC. In addition the MHHW position of the west side of the inland channel segment (residential) is surveyed and compared to previous surveys to determine historic change in position. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sept/Oct 2015, Jan/Feb 2016. Additional surveys may be required if data indicate that the rate of change has increased during the study period. 2-5. Event/Storm or Environmental Engineer Support Surveys Description: In a continued effort to respond to reported City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2015 and Jan/Feb 2016) and (1) transitional reduced -cost survey (June 2016). To accommodate monitoring concerns beyond these seasonal surveys this task provides for event survey or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed. An additional line item is the maintenance of the water current monitoring stations in the GIVVW and Packery Channel. Monitoring changes in current flow provides data for future studies of hydrodynamic change potentially associated with the addition of channels in the Lake Padre Island region of the study area. See Exhibit A. K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTII CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 3 of 6 a. Shoreline position survey (1) Task 2-2. b. Abbreviated Bathymetry Survey (1) c. Bathymetric channel and nearshore survey (1) as described in Task 2-3. d. Beach profile survey (1) Task 2-1. e. Current monitoring in Packery Channel and GIW1N Purpose: To define morphology immediately before or after a storm event or related to sensitive habitat such as the MBCHC without time restrictions associated with the amendment process. Schedule: To be determined Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Email status report (monthly or as updates are available) Status Reports (post -survey reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. The proposal for Year 2015-2016 is attached as Exhibit "A". III. FEES AUTHORIZED The City will pay TAMU-CC a fixed fee not to exceed $2,174,867.00 for providing all services during the contract term. The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of $11,020.00, a fee for Amendment No. 2 of $61,715.00, a fee for Amendment No. 3 of $299,900.00, a fee for Amendment No. 4 of $325,517.00, a fee for Amendment No. 5 of $600.00, a fee for Amendment No. 6 of $293,400, a fee for Amendment No. 7 of $314,389.00, a fee for Amendment No. 8 for $349,755.00, a fee for Amendment No. 9 for $0.00, a fee for $277,084.00 for Amendment No. 10 and a fee for $350,703.00 for Amendment No. 11. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II.A. Invoices will be submitted to the Director of Capital Programs. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the Task Fee as set out by this contract. Invoices will be sequentially numbered for each project, state the project name (Packery Channel Monitoring 2015-2016) and City project number (E14051). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. It is mutually acknowledged that fees authorized by this original contract not invoiced may be used to defray the costs and expenses of Amendment No. 10 for such additional tasks as may be directed by the City Manager or his designee. However, any task or additional service that requires additional funding beyond that authorized will be evidenced in writing as an amendment to this contract. Contract Fee Original Contract $241,487.00 Amendment No. 1 $11,020.00 Amendment No. 2 $61,715.00 Amendment No. 3 $299,900.00 Amendment No. 4 $325,517.00 Amendment No. 5 $600.00 Amendment No. 6 $293,400.00 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTI1 CONTRACT - PACKERY CHANNEL MONITORING 2015 2016.DOCX Page 4 of 6 J Amendment No. 7 $314,389.00 Amendment No. 8 $349,755.00 Amendment No. 9 $0.00 Amendment No. 10 $277,084.00 Amendment No. 11 $350,703.00 Total $2,525,570.00 The fee for each Task of Amendment No. 11 is estimated as: IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon thirty days written notice to TAMU-CC at the address of record. In this event, TAMU-CC will be compensated for its services on all stages authorized based upon TAMU-CC and City's estimate of the proportion of the total services actually completed at the time of termination. V. 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. TAMU-CC 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.) VI. ASSIGNABILITY TAMU-CC 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 TAMU-CC staff. If TAMU-CC 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 fee may be assigned in advance of receipt by TAMU-CC 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. VII. DISCLOSURE OF INTEREST TAMU-CC further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "B". All other terms and conditions of the February 26, 2008 contract, as amended, between the City and Consultant shall remain in effect. K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTII CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 5 of 6 Tasks Fee 1.1 Project Management $53,506.00 1.2 Aerial Photography $21,582.00 2.1 Beach Profile Survey $49,752.00 2.2 Shoreline Position Survey $19,963.00 2.3 Surveys of channel and near shore depth and morphology (Bathymetric Survey) $97,293.00 2.4 Inland Channel Segment and Mollie Beattie Coastal Habitat Community $30,795.00 2.5 Event/Storm or Environmental/Engineer Support Surveys $77,812.00 Total $350,703.00 IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon thirty days written notice to TAMU-CC at the address of record. In this event, TAMU-CC will be compensated for its services on all stages authorized based upon TAMU-CC and City's estimate of the proportion of the total services actually completed at the time of termination. V. 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. TAMU-CC 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.) VI. ASSIGNABILITY TAMU-CC 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 TAMU-CC staff. If TAMU-CC 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 fee may be assigned in advance of receipt by TAMU-CC 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. VII. DISCLOSURE OF INTEREST TAMU-CC further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "B". All other terms and conditions of the February 26, 2008 contract, as amended, between the City and Consultant shall remain in effect. K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTII CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 5 of 6 CITY OF CORPUS CHRISTI TEXAS A&M UNIVERISTY — CORP S/CHRISTI. 4/ %_ , G J.H. Edmonds, P.E., Date Williams / Date Director of Capital Programs f, Principal Investigator RECOMMENDED Jay Ellington Date Dr., uis Cifuentes Date Director of Parks and Recreation Vice President Division of Research, Commercialization and Outreach APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Legal Department Date ATTEST Rebecca Huerta, City Secretary Project No. E14051 Accounting Unit: 3278-717 Account: 550950 Activity: E14051013278EXP Account Category: ENV Fund Source Name: Packery Channel TIF#2 Encumbrance No. K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E14051 - PACKERY CHANNEL MONITORING\AMENDMENT NO. 11\CONTRACT11 CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 6 of 6 Packery Channel Monitoring Program Amendment #11 (2015/2016) Project Tasks and Cost Estimate June 22, 2015 Corpus C Bay Mollie Beattie Coastal Habitat Community Mosta w' ,, Isiand I`lewpo, Pass LEGEND Elevation, ft (NAVD88) MSL=.0.48ft (NAVD88I -3. Deposition Basin Inner Entrance Channel Entrance.;; r Channel North Padre Island Lake Padre of Mexico Channel and nearshore morphology at Packery Channel (Apr 2015) Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams The Conrad Blucher Institute for Surveying and Science Texas A&M University -Corpus Christi Page 1 of 11 EXHIBIT "A" Page 1 of 11 i Packery Channel Monitoring Program Amendment #11 (2015/16) Purpose To continue to protect the City of Corpus Christi's vested interest in the inlet, beach (Mustang and North Padre Island), and sensitive habitat that comprise the Packery Channel System. This program supports the City of Corpus Christi's pro -active approach to research -based management of this system. The monitoring program consists of three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) as well as changes in the width/depth of the inland channel segment and beach width/volume as related to: • Post -dredge and post -nourishment monitoring • Future dredge planning and support • Navigation safety and placement of aids to navigation where required • Beach nourishment planning and support • Sensitive habitat management at the Mollie Beattie Coastal Habitat Community (MBCHC) • FEMA reimbursement documentation • Data acquisition for application of structural stability assessment (coastal structures: jetties, revetment, bridge scour protection) • Public awareness and community education/outreach • Support and collaboration on vicinity coastal projects and concerns. Focus of Monitoring Year 2015/2016 Monitoring and analysis will continue to focus on both the channel mouth and nourished region along the North Padre Island Seawall during 2015/2016. The following are specific areas of concern/interest over the next monitoring year. • Entrance Channel Shoal and Navigation Monitor changes in area of transient and persistent localized shoaling in the entrance channel that has previously stimulated two previous Notice to Mariners to be recommended (Sep 2011 and July 2014). • Reduction in Scour at Mouth and Potential for Ebbshoal Development An additional region of concern is located in the nearshore surrounding the channel mouth where ebbshoal development is monitored. No persistent shoaling has been identified at the channel mouth but transient shoals and bypass bar formation have repeatedly developed seasonally and in response to seasonal forcing and events such as Hurricane Ike. In addition, deep scour at the mouth is less developed than after construction, with the shallower nearshore depths merging at the channel mouth. Therefore, the nearshore is also a focus area for 2015/2016. • Beach Nourishment at North Padre Island Seawall The shoreline position fronting the seawall has steadily receded since placement during the combined nourishment conducted over the primary nourishment conducted during the winter of 2011/2012 and supplementary placement in 2012/2013. The rate of recession 2 EXHIBIT "A" Page 2 of 11 i has moderated and is comparable to that observed after the initial placement during 2005. At the present rate of change the shoreline at the south end of the seawall is predicted to approach the baseline 2011 position within 2 years in the absence of the influence of tropical storms or other extreme events. Post -construction monitoring between 2005 and 2011 determined that the recent rate of shoreline change along the shoreline stretching from the south jetty to 1 -mile south of Bob Hall Pier is on the order of -2.43 ft/yr (including influence of nourishment at seawall). While the average rate of change calculated for the direct nourishment region along the seawall was on the order of -9.72 ft/yr. The rate of change is often accelerated immediately post -nourishment. As of Apr 2015, approximately 2 -years post -nourishment, the shoreline at the south end of the seawall had receded on the order of 50 to 80 ft or at an average rate of 30 ft/yr. Within the placement area (Holiday Inn to Whitecap Blvd) the shoreline was either at or in advance (seaward) of the 2011 position by up to 50 ft (south end) during Apr 2015. Of interest was that the shoreline north of the placement area was landward of the 2011 position by up to 40 ft, likely related to a combination of management practices and strong winter forcing that continued into the late spring. The moderation of such change over the summer months will be a focus of the monitoring program during the summer of 2015. • Shoreline Change at North Packery The shoreline north of Packery Channel between the north jetty and Newport Pass advanced on the order of 50 to 70 ft between Nov 2013 and Feb 2014 and approximately 00 ft between Sep 2014 and Apr 2015. Prior to these two bursts of advance over two successive winter periods the shoreline had been relatively stable with moderate incremental advance observed since 2009. Additional analysis will investigate related changes in the nearshore morphology and the potential contribution of associated nearshore advance to shoaling at the mouth and in the entrance channel. The recent changes are attributed to a combination of maintenance practices and a greater influence of strong winter forcing over the winter of 2014/2015 on sediment transport. • Continuation of real-time Water Current Monitoring Water current has been monitored in the GIWW and in Packery Channel since 2006. This data provides information on potential changes in hydrodynamics as changes in channel morphology occur due to shoaling and scour. Additional changes in the channel system are proposed by local developers including the connection of the Laguna Madre to Packery via Lake Padre which may result in unanticipated changes to flow. Therefore the monitoring stations provide a baseline as well as provide for analysis of change in flow. The funding for these stations was originally provided by the USACE and intermittently as recently as 2014. No funding is presently available to maintain these stations. Although outside funding will continue to be sought, funding for this component is requested for 2015/16 to maintain continuity and avoid interruption of data collection. Background • Monitoring began in August 2003, prior to construction (originally funded by Galveston District, USACE and the Coastal Hydraulics Laboratory, Coastal Inlets Research Program). • Inlet opened during Hurricane Emily (July 2005), one year prior to completion of construction (October 2006). 3 EXHIBIT "A" Page 3 of 11 i • Sponsorship of monitoring transferred to the City of Corpus Christi (2008 to present). • Limited dredge in Deposition Basin at ramp to facilitate boat entry (Jan 2010). • Notice to Mariners issued regarding elevation of Entrance Shoal (Sep 2010). • Dredge (#1) of channel from Deposition Basin to Entrance Channel to within 550 ft of the channel mouth (completed March 2012). Total pay volume was 190,757 cu yd (HDR). Completion of dredge was deferred to Winter 2012/2013. • Dredge (#2) of Inner Entrance Channel and Entrance Channel completed to within 550 ft of channel mouth (completed March 2013). Total volume was z 48,757 cu yd. Remaining 550 ft of Entrance Channel shoal was not removed. • Notice to Mariners issued regarding elevation of Entrance Channel Shoal (Jul 2014). • Greatest period of scour of persistent entrance shoaling to date during Apr 2015 (net loss of 12,000 cu/yd from Entrance Channel). Ongoing Contribution of Program • Program supports pro -active system management by the City of Corpus Christi. • Analysis has supported decision to defer dredging, originally predicted at an interval of every 2-3 years, to 5 years from channel completion. • Analysis has identified need (shoaling) for placement of aids to navigation. • Seasonal data identified need for initiation of Notice to Mariners during September 2010 and July 2014 due to shoaling and potential of limited navigation at the channel mouth. • Data and analysis applied to request FEMA reimbursement after Hurricane Ike. • Data and analysis document measured condition (as opposed visual interpretation often reported by community). • Data and analysis applied to assess post -dredge 2011/2012 condition for recommendation of Dredge #2 to complete to specifications. • Monitoring of nourishment fronting seawall for vehicular access concerns and bollard placement. • Analysis to support alternative dredge/nourishment funding sources such as CEPRA grants initiating in 2015. Continuation of Monitoring and Analysis • Monitor persistence of bypass bar and increased nearshore shoaling at mouth for potential ebb shoal formation. • Quantify post -dredge channel shoaling and scour and determine early trends. • Quantify change in post -nourishment beach width and volume along seawall. • Initiate warnings should the potential for depth limited seasonal monitoring of shoaling will allow adequate warning of navigation limitation and support dredge implementation or placement of navigation aids. • Track Changes through historic beach profile and shoreline surveys for planning beach nourishment and/or redirection of vehicular access. • Track changes in Inland channel bank expansion that could impact protected habitat, residential property, and Nueces County Park boundaries. • Prepared to mobilize rapidly to monitor post -storm conditions as needed. Seasonal Monitoring and Long-term Channel Management 4 EXHIBIT "A" Page 4 of 11 The key to successful management of an inlet system is knowledge of the processes that force sand into and out of the system; and to identify developing and changing trends in sediment transport, particularly after major changes such as channel dredging or in the case of storm damage. Seasonal monitoring at Packery Channel provides for the tracking of changes over rapid short period and historic intervals which allows both 1) identification of trends in sediment transport and 2) deviation from established trends that could indicate a change in system dynamic and need for management action. The monitoring program has documented both a seasonal and event driven component to sediment transport in this system with shoaling most prevalent during the spring and throughout the summer as well as during storms. Future monitoring will determine if the change in channel depth due to dredging will alter the magnitude and rate of such seasonal change. Monitoring Program Tasks The 2015/2016 amendment to the existing contract (Project # E14051) for the Packery Channel Monitoring Program consists of five tasks. The five Tasks are outlined as a guide following the successful program implemented in 2008. The goal of the 2015/16 year is to measure and document the continued changes in post -dredge status of channel morphology and post - nourishment status of the adjacent beach. The program will continue to assist the City in the anticipation of future dredge events and document the annual pre -storm beach width and volume for FEMA reimbursement should the area sustain damage during seasonal hurricanes. The monitoring will directly support the City of Corpus Christi in the coordination of potential CEPRA grant funded support of dredging and subsequent nourishment of the beach fronting the North Padre Island Seawall. Unallocated Funds The opportunity to apply funds previously unallocated may be exercised by the City of Corpus Christi with the potential to reduce the budget commitment for Amendment 11. The actual amount available will be assessed at the time of amendment authorization at the end of the summer storm season. Task Implementation Tasks 1-5 may be conducted simultaneously or independently and in the order that best supports the monitoring program goals. Task 1. Project Management 1-1. Project Management Description Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials in support of the management of the inlet and associated beach and wetland by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage and assistance with planning for alternate project funding. Cost: Salary/Wages/Benefits/Supplies/Travel/F&A: $ 53,904 Estimated Cost Task 1-1: $53,506 5 EXHIBIT "A" Page 5 of 11 i 1-2. Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2015 indicate that the estimated cost of aerial photography is comparable to the 2014 effort. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter -tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. Aerial imagery is particularly important to document adjacent regions that are outside of the topographic survey area. In addition, the aerial imagery is applied as a backdrop to channel and beach elevation data. The aerial images are critical for application to the development of visuals and explanation aids to City staff, residents and laypersons. Schedule: (1) Annual set of imagery conducted Sep/Oct 2015 (pending weather conditions). (2) QA/QC of imagery and integration into GIS project Cost: Aerial Imagery: $12,000 (Vendor acquired) Salary/Wages/Supplies/Travel/F&A: $ 9,634 Estimated Cost Task 1-2: $ 21,582 Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Surveys Description: Beach profile surveys provide detailed information describing changes in elevation and morphology at 18 specified locations along the beach stretching from the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. There are historic data for these locations since 1995. The beach profile survey has been conducted annually during the peak summer period to allow for analysis of change that reflects the same forcing agents active over the summer season. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore up to one mile into the Gulf of Mexico. The surveys capture the region of active sediment transport and therefore extend offshore to a depth, referred to as the depth of the closure, beyond which limited movement of the sediment occurs. A denser transect grid is applied along the beach fronting the North Padre Island (NPI) Seawall in an effort to quantify volumetric change and document changes in beach profile with greater detail. This information is applied to monitor change before during and after nourishment of the beach fronting the seawall and along the area south near Whitecap Blvd. 6 EXHIBIT "A" Page 6 of 11 Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to determine regions of erosion and to calculate volumetric change along historically surveyed areas of the beach. This data set is critical to the calculation of sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering along the beach (Zone of Influence) that is provided by the jetties. An additional set of beach profile transects was added to better describe the beach fronting the NPI Seawall to facilitate more accurate monitoring of changes in the recent beach nourishment. This focused survey along the nourishment area includes profiles at 400 -ft to 1100 -ft spacing to accommodate more accurate beach volume calculations for FEMA application. Schedule: (1) One annual survey conducted during peak summer condition (Sep/Oct 2015). (3) Three intensive surveys of beach nourishment area fronting the NPI seawall (Sep/Oct 2015, Feb/Mar 2016 and Jun 2016). Cost: Annual Survey: $ 19,900.00 NPI Seawall Surveys: $17,925.00 Salary/Wages/Benefits/Supplies/Travel/F&A: $11,927 Estimated Cost Task 2-1: $49,752 2-2. Shoreline Position Surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path in order to cover the entire beach face. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. Purpose: Shoreline position surveys are an efficient and low-cost way to measure changes in the elevation of the dry beach berm over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession and resulting narrowing of beach that have been identified fronting the North Padre Island Seawall and Whitecap Blvd. This data is instrumental to the management of bollard placement along the North Padre Island Seawall. Schedule: (3) Three Seasonal Surveys. Tentative survey schedule: Sep/Oct 2015, Jan/Feb 2016 and Jun 2016. Cost: Survey: $11,700 Salary/Wages/Benefits/Supplies/Travel/F&A: $ 8,263 Estimated Cost Task 2-2: $19,963 2-3. Surveys of Channel and Nearshore Depth and Morphology (Features of seafloor and bottom of channel) 7 EXHIBIT "A" Page 7 of 11 Description: These bathymetric surveys combine single -beam (nearshore/offshore) and multi - beam (channel) sonar coverage to provide high-resolution data sets that describe the morphology (shoals, scour and sandbars) on the channel bottom and seafloor. The analysis of seasonal data sets is applied to interpret pathways of sediment transport and to anticipate development of features such as bypass bars, channel shoals and ebb shoaling. Purpose: Data is applied to define morphologic features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to interpret pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change indicating sand loss or gain, to prepare for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to identify trends in shoaling which provides guidance in future dredge planning and the identification of navigation hazards. Schedule: (3) Three Seasonal Surveys. Tentative survey schedule: Sep/Oct 2015, Jan/Feb 2016 and Jun 2016 (abbreviated -Basin to Gulf only). Additional surveys may be required if data indicate that shoaling is rapidly increasing and depth -limited navigation is imminent. Cost: Survey: $ 79,300 Salary/Wages/Benefits/Supplies/Travel/F&A: $ 17,993 Estimated Cost Task 2-3: $ 97,293 2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects or survey lines, that are roughly perpendicular to channel orientation. The surveys start at the location of the mean higher high water (MHHW) shoreline position located along the western residential shore and then extend across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. The position of the MHHW shoreline position is measured along the residential side of the channel extending from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. The MHHW position is not as well defined along the MBCHC due to extended sections of submerged area, therefore a MHHW position survey is not conducted on the east side of the channel. Purpose: These surveys define morphologic change in the inland segment of the channel that borders the MBCHC as well as changes in the elevation across sections of the wetland. The purpose is to evaluate the response of the channel and wetland to the opening of the inlet and assess the approach to an equilibrium status. Analysis of this data set provides quantification of change in the primary (-5 ft) and upper bank (MSL) width along the channel bordering the MBCHC. In addition, the MHHW position of the west side of the inland channel segment (residential) is compared to historic survey data surveys to determine historic change in position. Schedule: 8 EXHIBIT "A" Page 8 of 11 1 (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sep/Oct 2014, Jan/Feb 2015. Additional surveys may be required if data indicate that the rate of change has increased during the study period. Cost: Survey: $ 18,800 Salary/Wages/Benefits/Supplies/Travel/F&A: $ 11,995 Estimated Cost Task 2-4: $ 30,795 2-5. Event/Transitional Survey and/or Dredge Support Description: In a continued effort to respond to City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2015 and Jan/Feb 2016) and (1) transitional reduced -cost survey (June 2016). To accommodate monitoring concerns beyond these seasonal surveys the Event Task provides for event surveys or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland, endangered species, modeling hydrodynamics), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed in support of management concerns on an as needed basis. An additional line item is the maintenance of the water current monitoring stations in the GIWW and Packery Channel. Monitoring changes in current flow provides data for future studies of hydrodynamic change potentially associated with the addition of channels in the Lake Padre region of the study area. Monitoring includes the public online data access to real time measurement of water current velocity (http://lighthouse.tamucc.edu/gc/138 and http://lighthouse.tamucc.edu/qc/150). These stations were previously funded by the USACE (2006-2014) but no funding has been identified or secured for 2015/16. Funding options will continue to be explored to fund these stations in the future. The Task 2-5 cost is based upon the following Monitoring suite for budget development but may be utilized as needed in support of City of Corpus Christi Packery Channel management concerns on an as needed basis. Funds not allocated at the end of the contract period may be conserved for future applications. a. Shoreline position survey (1) Task 2-2. b. Abbreviated Bathymetry survey (1) c. Full bathymetric channel and nearshore survey (1) as described in Task 2-3. d. Beach profile survey (1) Task 2-1. e. Current monitoring in Packery Channel and GIWW 9 EXHIBIT "A" Page 9 of 11 i Purpose: To define changes in morphology, wetland boundaries, volume, and bathymetry of associated waterways related to issues outside of the umbrella of the seasonal surveys. To monitoring water current velocity and provide online real-time access. Schedule: Surveys conducted post -storm and as needed relative to management concerns during 2015/2016. Water current monitoring is continuous over the study period. Other tasks as directed by City of Corpus Christi staff. Cost: Survey: $ 56,000 Salary/Wages/Benefits/Supplies/Travel/F&A: $ 21,812 Estimated Cost Task 2-5: up to $ 77,812 Total Estimated Cost of 2015/2016 Monitoring Program Amendment 11: $ 350,703 Cost Savings to City of Corpus Christi In an effort to directly address budgetary constraints and comprehensive use of available funds CBI has provided cost savings through the following: 1. Conservation offunds in the Event Category 2010-2012 (Task 2-5). Savings to City � $ 63, 381.72 2. Conservation offunds in the Event Category 2014/2015 (Task 2-5). Savings to City z $ 60,000 3. Calculation of F&A on Salaries/Wages only (no F&A calculated on survey support) Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIDS 4205 Email status report (monthly or as updates are available) Status Reports (post -survey reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. 10 EXHIBIT "A" Page 10 of 11 Packery Channel Monitoring Program Estimated Budget 2015/2016 Personnel Principal Investigator $ 43,805 Database Management/Support and Technical Staff $ 25,024 Subtotal Personnel (Salary/Wages) $ 68,829 Benefits $ 18,449 Total Personnel $ 87,278 Travel (Transportation to Surveys) Rental vehicle and fuel Other Project Costs Materials and Computer (software upgrades repair allowance, backup/archive, desktop computer) and communications Surveying/post processing (Subcontract) Aerial Photography (Contract/PO) Total Travel and Other $ 2,960 $ 8,000 $ 360 $ 203,625 $ 12,000 $ 226,945 Subtotal Salary/Wages $ $68,829 Subtotal Benefits $ $18,449 Subtotal Travel and Other $ 226,945 F&A (53% of salary and wages) $ $36,480 Project Total $ $350,703 11 EXHIBIT "A" Page 11 of 11 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Texas A&M University -Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive CITY: Corpus Christi ZIP: 78412 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 0 4. Association 5. Other �_, //� . // /4e �� � �ct/�-�/�iP� ec��itSTT iO�,�P3r> 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) ti 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld jis our fan information requested; and that supplemental statements will be promptly suM f Corpus Christi, Texas as changes occur. ve President for Research, Commercialization and Outreach Certifying Person: (Type or Print) Signature of Certifying Person: Title: DEFINITIONS Date: 6. 15/ a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "B" Page 2 of 2 • 4ginn lot tifiabi:'niq eA Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0, 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2.000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Project Location PROJECT # E15187 LOCATION MAP NOT TO SCALE Packery Channel Monitoring Contract 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1� Packery Channel Monitoring FY 2015-2016 Corpus Chr sti Capital Programs Council Presentation October 13, 2015 Project Location 41* Corpus Chr sti Capital Programs Project Layout 11C191 Corpus Chr sti0 Capital Programs Project Scope Corpus Chr sti Capital Programs • Three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) • Monitor changes in the width/depth of the inland channel segment and beach width/volume • Post -dredge and post -nourishment monitoring • Abbreviated Survey of the Mollie Beattie Coastal Habitat Community (MBCHC) • Baseline survey of Lake Padre Region and canals of Padre Isles Project Schedule Corpus Chr sti Capital Programs O I N I D J F M A M IJIJIAls101 Packery Channel Monitoring Project Estimate: 365 Calendar Days 12 Months Projected Schedule reflects City Council award in September with anticipated completion in October 2016 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: TO: Ronald L. Olson, City Manager September 30, 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 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Work Plan and Budget Agreement Nueces River Authority FY 2015-2016 CAPTION: Motion authorizing the City Manager or designee to execute a work plan and budget agreement with the Nueces River Authority in the amount of $99,996 to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. PURPOSE: The purpose of this agenda item is to obtain authority to execute a work plan and budget with the Nueces River Authority to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. BACKGROUND AND FINDINGS: In June 2005, the City Council approved Resolution 026340 authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Nueces River Authority (NRA) for regional water planning, protection, and development services. The NRA is a government agency having broad authority to preserve, protect, and develop water resources; provide for flood control, irrigation, and navigation; finance water supply, wastewater treatment and pollution control projects. In general, NRA provides for regional water resource development, management, and protection throughout the Nueces Basin and adjoining areas. NRA is a co- sponsor, along with the City of Corpus Christi, of the Choke Canyon Reservoir. The NRA owns twenty -percent of the water rights of the Choke Canyon Reservoir. Each year since 2005 and passage of Resolution 026340, the City has entered into yearly agreements with NRA for the services associated with water supply and planning. This agreement will authorize the NRA to provide continued services for water planning, protection, development, and data management services for the City in FY 2016, and the contract scope includes the following aspects: • Regional and inter -regional coordination and resource development and protection; • Monitor, investigate and coordinate water rights, water quality and environmental issues; • Regional water management; • Outreach; and • Other services NRA works closely with the City to track and report information related to regional water use, monitor water quality data, coordinate water quality protection efforts, and monitor activities within the basin that could possibly affect the City's water supply. Information provided by NRA is used by the City to support its planning and management with respect to water supply. ALTERNATIVES: 1. Authorize the execution of the agreement. 2. Do not authorize the execution of the agreement. (Not Recommended) OTHER CONSIDERATIONS: Section 2 of Resolution 026340 also authorized the City Manager to make editorial and non - substantive modifications and execute amendments to the Interlocal Cooperation Agreement without the further approval of the City Council for items that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts. This includes, but is not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Utilities Department FINANCIAL IMPACT: ® Operating ❑Revenue ❑Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $104,996.00 $104,996.00 Encumbered / Expended Amount This Item $99,996.00 $99,996.00 Future Anticipated Expenditures This Project $5,000.00 $5,000.00 BALANCE $0.00 $0.00 Fund(s): Water Operating RECOMMENDATION: City Staff recommends approval of the work plan and budget agreement with the Nueces River Authority in the amount of $99,996 to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. LIST OF SUPPORTING DOCUMENTS: Project Budget Agreement Presentation PROJECT BUDGET Nueces River Authority FY 2016 Work Plan and Budget FUNDS AVAILABLE: Water Operating $104,996 FUNDS REQUIRED: Nueces River Authority (THIS CONTRACT) 99,996 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 1,500 Engineering Services (Project Mgmt) 3,000 Misc 500 TOTAL $104,996 PROJECT BUDGET BALANCE $0 FY 2016 Work Plan and Budget Water Planning, Protection, Development, and Data Management Services Provided by Nueces River Authority to City of Corpus Christi During the Period of October 1, 2015 through September 30, 2016 FY 2016 Work Plan BASIC SERVICES All NRA services will be provided on a best effort basis within the scope of work and budget provided, herein. Regional and Inter -regional Coordination and Resource Development and Protection • NRA staff will monitor regional and inter -regional water resource issues and keep the City informed on matters that may affect the City's water supplies or conveyance facilities. • NRA will with prior approval from the City and before discussion with other agencies, attend meetings as appropriate with other water providers and users throughout the South Texas area to assess and promote opportunities to enhance the City's water supplies and derive economic benefits from its investments in water purchases, water rights and water conveyance facilities within guidelines and direction established by City staff. Such services will include actively developing ideas for consideration by City staff to enhance these water supplies and economic benefits. • NRA will assist City staff in establishing a long-term plan to provide a dependable, affordable water supply for the City's service area. Activities will include, with City staff concurrence and direction, interacting with state and federal agencies, elected officials, and environmental interests. • NRA will monitor legislative changes and administrative rulemakings that could affect the City's water resources, provide timely advice to the City concerning same, and assist in providing information on these issues to legislators and other key officials. These services will be provided in close consultation with the City's staff and outside legal counsel. • NRA will monitor and support the City in evaluating and responding to existing and proposed Edwards Aquifer recharge structures. • NRA will monitor water marketing proposals in the region. • NRA will monitor groundwater district planning as it may impact on the City's and NRA's surface water rights in the Nueces Basin. • Selection and use of consultants will be coordinated with and agreed upon by the City and NRA. 2' Monitor, Investigate and Coordinate Water Rights, Water Quality and Environmental Issues • NRA will assist the City in monitoring, investigating and coordinating activities on environmental issues related to watershed protection such as drinking water source protection, freshwater inflows for bays and estuaries, and opportunities for beneficial re -use of wastewater effluents. • NRA staff will assist the City in protecting City and NRA water rights by forwarding to the City any public notices it receives regarding applications for new or amended water rights permits. Regional Water Management NRA will continue to: • Maintain a website and provide support for: ■ Choke Canyon/Lake Corpus Christi Reservoir System Daily Pass-Thru Status Report http://www.nueces-ra.org/CP/CITY/passthru/ ; • Choke Canyon/Lake Corpus Christi Reservoir System Daily and Monthly Statistics database and WebPages http://www.nueces-ra.org/CP/CITY/month.php http://www.nueces-ra.org/CP/CITY/day.php; • Choke Canyon/Lake Corpus Christi Reservoir System, Mary Rhodes Memorial Pipeline, water usages summaries http://www.nueces-ra.org/CP/CITY/pipeline.php • Rincon Pump Real -Time Data http://www.nueces-ra.org/CP/CITY/stevens/rincon • Create the Effluent Monitoring Report by August for the previous calendar year. • Create the Summary Reports for Reservoir Statistics, Passthru Statistics, and Water Use. • Provide technical assistance with web applications to provide information on the City's water system to the City's customers and the public. • Provide technical assistance with website design, modification, and implementation of report(s) for internal use by the City Water Department • Provide updates to the KML file of operations within the Nueces Basin / Corpus Christi Water Suppy including active and inactive landfills, confined animal feeding operations, petroleum storage tanks, radioactive sites, superfund sites, wastewater treatment plant outfalls. • NRA will reinstate the currently inactive websites and reports when requested and additional data becomes available: ■ Water Quality at 0. N. Stevens Water Treatment Plant (last updated 07/2013) ■ Valero Discharge Database and Reports (last updated 08/2005) Note: All web -based work will be coordinated with the City's Water and E -Government Departments, to ensure content or links are appropriate and comply with city policies. 3 Outreach • Give presentations on water issues relevant to the Nueces and adjoining coastal basins. • Attend Water Advisory Committee meetings and assist with implementation of ideas as requested. • Provide briefmgs, as requested, to the City Manager, the City Council, Port Industries, and other boards on water quality and water supply issues of the area, including the Lower Nueces River Watershed Protection Plan and regional water planning. Other Services In addition to the basic services described above, NRA will provide additional services if requested by the City. Projects will be designed using City specifications. Separate scopes of work and budgets will be developed in consultation with the City. All work will stop, and be deemed completed, if the finally approved budget is reached unless the City chooses to amend the budget and extend the work. Reporting • NRA will provide a summary of all work performed with each invoice. • NRA will provide a yearly summary of all work performed during the fiscal year. Basic Services Billing NRA will invoice the City for its "Basic Services" on a quarterly basis, at the fixed rate of $8,333 per month for salaries, fringe benefits, overhead, equipment, supplies and computer use, and travel. NRA's expenses related to "Other Services", except for subcontractor fees, will be added to each quarterly invoice. Subcontractor fees, if any, will be billed monthly. Payment Payment is due upon receipt of an invoice. Payments should be made to: Nueces River Authority P.O. Box 349 Uvalde, Texas 78802-0349 Effective Date: This Work Plan and Budget is effective October 1, 2015. 4 Approvals Approval by NRA: This FY 2016 work plan and budget is acceptable to NRA and is hereby approved under terms of the Interlocal Agreement between the City and the NRA (City of Corpus Christi Resolution Number 026340 dated 7-12-05). '7 0 j'/0S 7020/5— Rocky Freund, Date Deputy Executive Director Approval by the City: This FY 2016 work plan and budget is acceptable to the City and is hereby approved under terms of the Interlocal Agreement between the City and NRA (City of Corpus Christi Resolution Number 026340 dated 7-12-05). Ronald L. Olson City Manager Gustavo Gonzalez, P.E. Assistant City Manager for Public Works, Utilities, & Transportation Daniel McGinn, AICP CFM Assistant Director of Environmental and Strategic Initiatives Miles Risley City Attorney Date Date Date Date Nueces River Authority FY 2016 Work Plan and Budget Lel Corpus Chr sti Capital Programs Council Presentation October 20, 2015 Project Background and Scope Corpus Chr'sti Capital Programs City Resolution 026340 ✓ In 2005, the City Council approved Resolution 026340 ; ✓ Authorizing the City Manager to execute interlocal cooperation agreement with the Nueces River Authority (NRA) for the water planning, protection, development and data management services; Work scope of FY 2016 Work Plan and Budget ✓ Regional and inter -regional coordination and resource development and protection; ✓ Monitor, investigate and coordinate water rights, water quality and environmental issues; ✓ Regional water management; ✓ Outreach; and ✓ Other services Project Schedule Corpus Chr'sti Capital Programs 2015 2016 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Contract Services Project Estimate: 365 Calendar Days 12 Months October 1, 2015 to September 30, 2016 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: TO: Ronald L. Olson, City Manager September 30, 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 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Contract Lift Station Repairs - Citywide CAPTION: Motion authorizing the City Manager, or designee, to add repairs at eight existing lift station locations to an engineering design contract by executing Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $164,100 for a total restated fee not to exceed $210,340 for the Lift Station Repairs — Citywide for engineering design services and support services in Bid and Construction phases. PURPOSE: The purpose of this agenda item is to obtain authority to execute a contract for the Lift Station Repairs, Citywide. BACKGROUND AND FINDINGS: Many of the existing list station systems are at the end of their effective life cycle and are at a point that further deterioration jeopardizes operations and service. The City -Wide Lift Station Repairs program was implemented to identify, prioritize and construct specific Capital Improvement Projects (CIP) in a phased approach to the extent yearly funding allowed. Work is designed to recapitalize the lift stations to improve efficiency, operational and maintenance cost, reduce overflows, and remain compliant to Texas Commission on Environmental Quality (TCEQ) regulations. From 2011 to 2013, the Everhart and Staples Street Lift Station and Padre Island Lift Station were upgraded through this program. In February 2015, the City awarded Amendment No. 1, a small AE contract to Urban Engineering, to provide engineering services for the odor emission control of Padre Island Section 4 Lift Station. The construction contract was approved by City Council in June 2015, and construction is underway on those repairs. This NE Amendment #2 provides for design of improvements to eight (8) additional lift stations including replacement of discharge piping, plug valves, check valves, pumps, pump bases, guide rails and accessories, and other miscellaneous items. Based on the Utility Department's site investigation and the AE consultant's recommendations, the following eight lift stations were identified as priorities for rehabilitation based on their current physical status: 1. Leeward Lift Station; 2. Jackfish Lift Station; 3. Lake Padre South Lift Station; 4. Seahorse Lift Station; 5. Up River Road Lift Station; 6. Studebaker Lift Station; 7. Turtle Cove Lift Station; and 8. Brownlee Lift Station. Under this contract specific work details include: • The development of an inventory of existing conditions including field investigations to define specific areas of concern • An evaluation with detailed scope of issues to be addressed for each lift station with preliminary construction costs and recommendations for review with City staff • Development of design plans incorporating all issues with relevant solutions and potential conflicts • Development of a control of flow plan for each lift station • Development of design, bid and construction documents based on City staff direction Urban Engineering has special engineering expertise in lift station design, and is very knowledgeable on the City's lift stations. This Amendment is to continue the program for systematic upgrades to the City's aging lift station infrastructure. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy and policy on procuring Professional Services. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $2,879,780 $2,000,000 $4,879,780 Encumbered / Expended Amount 1,053,800 1,053,800 This Item 164,100 164,100 Future Anticipated Expenditures This Project 2,303,196 2,303,196 BALANCE 1,825,980 -467,296 $1,358,684 Fund(s): Waste Water CIP #9 Comments: This project requires approximately 660 calendar days. Design will be completed in May 2016 with construction anticipated to begin in September 2016 and anticipated completion in August 2017. The amendment will result in the expenditure of an amount not to exceed $164,100. RECOMMENDATION: City Staff recommends approval of Amendment No. 2 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $164,100 for a total restated fee not to exceed $210,340 for the Lift Station Repairs — Citywide for engineering design services and support services in Bid and Constriction phases. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET LIFT STATION REPAIRS - CITYWIDE FUNDS AVAILABLE: Wastewater CIP $ 4,879,780 FUNDS REQUIRED: Everhart and Staples Lift Station and Padre Island Lift Station (Project Complete): *Construction (J.S. Haren) $ 828,076 **Lift Station Condition Index Study (Urban Engineering) 103,900 Section 4 Lift Station Odor Control (Project Starting Construction): ***Construction (J.S. Haren) 196,000 Contingencies (10%) 19,600 Construction Inspection (Estimate) 11,760 Eight Lift Station Repairs (Project to be Designed) Construction (Contractor TBD) (Estimate) 1,650,000 Contingencies (10%) 165,000 Construction Inspection (Estimate) 99,000 Engineer Fees: ****Lift Station Repairs City Wide - Original Contract (Urban Engineering) 17,540 ****Amendment No. 1 (Section 4 Lift Station) (Urban Engineering) 28,700 Amendment No. 2 THIS CONTRACT (8 Lift Station Repairs) (Urban Eng) 164,100 Engineer (L. Gurley) 9,999 Engineer (LJA) 22,230 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (1.5%) 73,196 Engineering Services (Project Mgmt/Construction Mgmt) (2.5%) 121,995 Misc 10,000 TOTAL $ 3,521,096 ******PROJECT BUDGET BALANCE $ 1,358,684 *Approved by City Council on June 12, 2012 by Motion No. M2012-107. **Approved by City Council on April 12, 2011 by Motion M2011-086. ***Approved by City Council on June 23, 2015 by Motion No. M2015-070. ****Administratively Approved August 13, 2014 *****Adminstatively Approved February 19, 2015 ******To be used for future lift station projects as required. Up River Road Lift Station 12510 Up River Road ik Y Brownlee Lift Station 810N. Brownlee Blvd. SEDWICK.RD 44 • Corpus Christi 1W f AGNES ST BEAR LN 0 Pco Studebaker Lift Station 300 Kinney Ave. Turtle Cove Lift Station 9547 Blue Jay St. Seashore Lift Station 14300 Dorsel St. Jackfish Lift Station 14124 Jackfish St. Lake Padre South Lift Station 14501 Whitecap Blvd. LOCATION MA NOT TO SCALE Leeward Lift Station 14865 Running Light Dr. Project Number: E10142 lt Citywide Lift Station Repairs CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and Urban Engineering, a Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas, 78404, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Lift Station Repairs — Citywide (Project No. E10142) — The scope of the proposed project includes the rehabilitation of up to eight lift stations which require control of flow pumping, the replacement of discharge piping, plug valves, check valves, pumps, pump bases, guide rails and accessories, and miscellaneous items of work required to complete this project in accordance with the plans, specifications, and Contract Documents. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, 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" and "A-1" 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 Executive Director of Public Works. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. Contract for Engineering (A/E) Services Page 1 of 3 The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $164,100.00, (One Hundred Sixty -Four Thousand One Hundred Dollars and Zero Cents) for a total restated fee of $210,340.00 (Two Hundred Ten Thousand Three Hundred Forty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI URBAN ENGINEERING Edmonds, P.E. Date James L. Urban, P.E. Date Director, Capital Programs Principal 2725 Swantner Drive Corpus Christi, TX 78404 RECOMMENDED (361) 854-3101 Office (361) 854-6001 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED AS TO FORM Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E10142 Accounting Unit: 4254-065 Account: 550950 Activity: E10142014254EXP Account Category: 50950 Fund Name: Wastewater 2015 Contract for Engineering (A/E) Services Page 3 of 3 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LIFT STATION REPAIRS - CITYWIDE AMENDMENT NO. 2 PROJECT NO. E10142 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Prepare preliminary opinions of probable construction costs for the recommended improvements. f) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Provide anticipated index of drawings and specifications. g) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. h) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. i) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) b) c) d) Electronic index and database of City's record drawing and record information. Requested record drawings, record information in electronic format as available from City Engineering files. The preliminary budget, specifying the funds available for construction. A copy of existing studies and plans. (as available from City Engineering files). AMEND. NO. 2 EXHIBIT "A" Page 1 of 6 e) Field location of existing city utilities. (A/E to coordinate with City Operating Department) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the lift stations. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". c) 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. d) 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. e) Provide one (1) set of the pre -final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed. g) Assimilate all final review comments Upon approval by the Executive Director of Public Works, 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. h) 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 AMEND. NO. 2 EXHIBIT "A" Page 2 of 6 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. 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. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the NE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. AMEND. NO. 2 EXHIBIT "A" Page 3 of 6 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 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 Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The NE shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey\Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. AMEND. NO. 2 EXHIBIT "A" Page 4 of 6 2.. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 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 NTP 5 Weeks from NTP Draft ELR submittal 8 Weeks from NTP City Review 9 Weeks from NTP Final ELR submittal 13 Weeks from NTP 60% Design Submittal 16 Weeks from NTP City Review 20 Weeks from NTP 100% Design Submittal 23 Weeks from NTP City Review 25 Weeks from NTP Final Submittal 27 Weeks from NTP Advertise for Bids 29 Weeks from NTP Pre -Bid Conference 31 Weeks from NTP Receive Bids 38 Weeks from NTP Contract Award 43 Weeks from NTP Begin Construction TBD Complete Construction III. FEES A. Fee for Basic Services. The City will pay the NE 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. AMEND. NO. 2 EXHIBIT "A" Page 5 of 6 B. Fee for Additional Services. For services authorized by the Executive Director of Public Works 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 08/13/14 Admin. Approval 02/12/15 Admin. Approval City Council Motion No. M2015 - *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. AMEND. NO. 2 EXHIBIT "A" Page 6 of 6 CONTRACT AMEND. NO.1 AMEND. NO.2 TOTAL Fee for Basic Services 1. Preliminary Phase $0 $2,100 $17,000 $19,100 2. Design Phase 0 18,100 95,500 113,600 3. Bid Phase 0 1,100 7,100 8,200 4. Construction Phase 0 5,000 28,400 33,400 Subtotal Basic Services Fees 0 26,300 148,000 174,300 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) 0 0 0 0 2. ROW Acquisition Survey 0 0 0 0 3. Topographic Survey\Field Investigation 0 1,300 12,900 14,200 4. Environmental Issues 0 0 0 0 5. Construction Observation Services 0 0 0 0 6. Start-up Services 0 0 0 I 0 7. Warranty Phase 0 1,100 3,200 4,300 8. Lift Station Rehab Priority Plan Update 17,540 0 0 17,540 Sub -Total Additional Services 17,540 2,400 16,100 36,040 Total Authorized Fee $17,540 $28,700 $164,100 $210,340 08/13/14 Admin. Approval 02/12/15 Admin. Approval City Council Motion No. M2015 - *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. AMEND. NO. 2 EXHIBIT "A" Page 6 of 6 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS LIFT STATION REPAIRS - CITYWIDE Amendment No. 2 Project No. E10142 TASK LIST 1. Eight (8) lift stations were included in this amendment proposal: Leeward Lift Station; Jackfish Lift Station, Lake Padre South Lift Station, Seahorse Lift Station, Up River Road Lift Station, Studebaker Lift Station, Turtle Cove Lift Station and Brownlee Lift Station. 2. Meet with Staff to identify project goals, timetables, and review lift station issues, for project implementation. 3. Develop an inventory of existing conditions and perform the required field investigations to define specific areas of concern at up to eight lift stations. 4. Attend and participate in planning meetings (2 meetings) with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Wastewater Department staff. 5. Prepare evaluation with detailed scope of issues to be addressed for each lift station and preliminary estimate of probable construction costs and make recommendation/review with City staff. 6. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. Contract documents shall include a control of flow plan for each lift station. 7. Provide project control and quality review of senior staff to insure project quality and completeness. 8. Develop project cost estimate, provide all submittals to the City and meet with staff to review draft submittals and final plans and make City requested amendments. 9. Prepare addenda, attend bid opening, review bids and provide recommendation to City. 10. Attend pre -construction meeting, review Contract Documents and respond to Contractor's questions. 11. Provide project administration services during construction (periodic visits to the project site) to insure compliance of Contractor with plans and specifications and, upon completion, make final inspections as well as an inspection after one year of completion for project warranty requirement. 12. Review Contractor's control of flow plan for compliance with the plans and specifications and provide project administration during the control of flow operations. 13. Provide monthly status reports of progress to the City. AMEND. NO. 2 EXHIBIT "A-1" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMNIFICATION CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the Director of Capital Programs with the signed agreement two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 Insurance Requirements & Indemnification - 1 Rev. 07/29/2015 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this contract, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Director of Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Insurance Requirements & Indemnification - 2 Rev. 07/29/2015 EXHIBIT "B" Page 2 of 3 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. 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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Insurance Requirements & Indemnification - 3 Rev. 07/29/2015 EXHIBIT "B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 5096 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 096 $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $21000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 096 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 096 $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11i $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. O. BOX: STREET ADDRESS: 2725 Swantner Driv e FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2 Partnership 5. Other zip: 78404 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name , I n Job Title and City Department (if known) 2. State the naives 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 Am Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name, r 4 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 iv ^ Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James L. Urban, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: k /2_065- a. 20%l7 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AC D CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 09/21/2015 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 lieu of such endorsement(s). PRODUCER Willis of Illinois, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT NAME: PHONE FAX (A/C, No, Ext):1-877-945-7378 (A/C, No):1-888-467-2378 E-MAIL ADDRESS: certificates@willis.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Hanover Insurance Company 22292 INSURED Urban Engineering Chuck Urban 2725 Swantner St Corpus Christi, TX 78404 INSURER B : INSURER C : INSURER D $ INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:W1095649 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS ,,-{ P.O. sox 9277 COMMERCIAL GENERAL LIABILITY Corpus Christi, TX 78469-9277 a60� � d EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE RENTED PREM SESO(Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- 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 / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Lift Station Rehabilitation 2015 - Project No. E10142 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:10222612 BATCH:Batch #: 171518 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi AUTHORIZED REPRESENTATIVE Attn: Risk Management ,,-{ P.O. sox 9277 /% f Corpus Christi, TX 78469-9277 a60� � d ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:10222612 BATCH:Batch #: 171518 ® Ao C CERTIFICATE OF LIABILITY INSURANCE MIDD/YYYY) g/DATE DATE(M(M 5 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 lieu of such endorsement(s). PRODUCER Frost Insurance - Victoria 6835 N Main Victoria TX 77904 CONTACT NAME: PHONE FAX (A/C, No, Ext) 361-580-9010 (A/C, No): ADDRIESS:jhall@frostinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Am Casualty Co of Reading PA COMMERCIAL GENERAL LIABILITY INSURED URBAENG-01 Urban Engineering 2725 Swantner Lane Corpus Christi TX 78404 INSURER B :Continental Casualty 20443 INSURER c :Transportation Insurance Co 5/1/2016 INSURER D :Texas Mutual Insurance Co. 22945 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: 242740736 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY PMT5091293243 5/1/2015 5/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO AUTOS HIRED AUTOS AWNED CHEDULED NON -OWNED AUTOS BUA5091293100 5/1/2015 5/1/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP5091293064 5/1/2015 5/1/2016 EACH OCCURRENCE $5,000,000 AGGREGATE $ DED X RETENT ON $10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N / A TSF0001113301 5/1/2015 5/1/2016 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Lift Station Rehabilitation 2015 -Project No. E10142 30 Day Notice of Cancellation applies. The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement when required by written contract. See Attached... CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Risk Management P 0 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 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACQ AGENCY CUSTOMER ID: URBAENG-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Frost Insurance - Victoria POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Urban Engineering 2725 Swantner Lane Corpus Christi TX 78404 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability, Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract with the Named Insured and the certificate holder that requires such status. Umbrella is follow -form subject to the terms and conditions to the policy ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Corpus Chrsti Engineering Lift Station Repairs - Citywide Council Presentation October 20, 2015 Location Map Corpus Chrsti Engineering Up River Road Lift Station 12510 Up River Road Brownlee Lift Station 810N. Brownlee Blvd. 5 DWICK R AGNES ST K 6 SEAR La N Corpus Christi Bay Studebaker Lift Station 300 Kinney Ave. Turtle Cove Lift Station 9547 Blue Jay St. Seashore Lift Station 14300 Dorsel St. Jackfish Lift Station 14124 Jackfish St. Lake Padre South Lift Station 14501 Whitecap Blvd. Leeward Lift Station 14865 Running Light Dr. Project Scope Carpus Ch-rr sti Engineering The project locations include: 1. Leeward Lift Station; 2. Jackfish Lift Station; 3. Lake Padre South Lift Station; 4. Seahorse Lift Station; S. Up River Road Lift Station; 6. Studebaker Lift Station; 7. Turtle Cove Lift Station; and 8. Brownlee Lift Station The Scope of Work includes: Replacement/repairs of discharge piping, plug valves, check valves, pumps, pump bases, guide rails, flow control, and other miscellaneous items; Project Schedule Carpus Ch-rr sti Engineering 2015 2016 2017 Nov Dec Jan Feb Mar Apr May hi Design Jun Jul Aug Sep Bid & Award Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Construction Project Estimate: 660 Calendar Days = 22 Months Projected Schedule reflects City Council award in October 2015 with anticipated construction completion by August 2017. 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: TO: THRU: FROM: October 5, 2015 Ronald L. Olson, City Manager Wes Pierson, Assistant City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Certification of 2015 Tax Levy CAPTION: Motion approving the 2015 Property Tax Levy of $108,611,685.39 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Property Tax Code and is the last step in complying with the "Truth -in -Taxation" guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Property Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2015 that is based upon a property tax rate of $0.606264 per $100 valuation and a taxable value of $18,405,761,524 is as follows: Tax Levy $69,354,013.77 42,233,492.28 $111,587,506.05 289,373.71 (3,265,194.37) $108,611,685.39 Component Supporting the City's maintenance and operations ($0.376806) Supporting the City's debt service ($0.229458) Add: Net Late Rendition Penalty — Personal Property Accounts Less: Over-65/Disabled Homestead Frozen Levy Loss 2015 Ad Valorem Tax Levy As can be seen above, additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2015-2016 reflects the effect of the ninth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss FY 2015-2016 $ 3,265,194.37 FY 2014-2015 $ 2,246,329.44 FY 2013-2014 $ 1,579,763.73 FY 2012-2013 $ 1,225,650.00 FY 2011-2012 $ 1,508,251.05 FY 2010-2011 $ 1,663,133.81 FY 2009-2010 $ 1,740,803.00 FY 2008-2009 $ 1,500,521.56 FY 2007-2008 $ 1,210,235.01 FY 2006-2007 $ 650,650.57 FY 2005-2006 $ 396,701.13 It should also be noted that property taxes budgeted in the FY 2015-2016 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $18,344,955,055 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $18,405,761,524 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $60,806,469 increase in assessed values certified by the Nueces County Tax Office. In the FY 2015-2016 budget adopted by the City Council on September 22, 2015, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $106,106,000. When comparing this figure to the certified ad valorem tax levy of $108,611,685, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2015-2016 is 100%, but a more conservative collection rate of 97.5% was used in the calculation of property tax revenue in the City's operating budget. By applying a 97.5% collection rate to the certified levy, the resulting "net" levy is calculated to be $105,896,393 — which is $209,607 less than the total ad valorem tax revenue adopted in the FY 2015-2016 budget of $106,106,000, a difference of Tess than 0.2%. Therefore, no budgetary adjustments for the FY 2015-2016 ad valorem tax revenue are needed at this time. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 106,106,000 $ - $ 106,106,000 Encumbered/Expended amount of (date) • - - - This item- $ - $ - $ BALANCE - $ 106,106,000 $ - $ 106,106,000 FUND(S): 1020 "General Fund" $ 64,800,000 2010 "Debt Service Fund" $ 39,350,000 1111 "Reinvestment Zone #2" $ 1,586,000 1112 "Reinvestment Zone #3" $ 370,000 COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Tax Levy for the Tax Year 2015 Nueces County Courthouse 901 Leopard, Suite 301 Corpus Christi, TX 78401 YOFN4 Kevin Kieschnick Assessor and Collector of Taxes CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2015 CITY OF CORPUS CHRISTI Total Appraised Value @ 100% of Market Value Less: Partial Exemptions Ag -Use account value loss and abatements Total Net Appraised Value Assessment Ratio Total Taxable Value 2015 Adopted Tax Rate 2015 Ad Valorem Tax Levy Less: Over-65/Disabled Homestead Frozen Levy Loss Plus: Late Rendition Penalty - Personal Property Accounts Less: 5% of Late Rendition Penalty to the Appraisal District Plus: Late Ag Penalty 2015 Total Ad Valorem Tax Levy $ 23,967,596,305 $ 5,561,834,781 $18,405,761,524 100% $18,405,761,524 .606264 /$100 111,587,506.05 3,265,194.37 304,603.91 15,230.20 $ 108,611,685.39 Submission of the Tax Levy for 2015 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. Administration (361) 888-0307 (361) 888-0308 Kevin Kieschnic Nueces County Tax Assessor -Collector SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas thiscV day of September, A.D., 2015. .PYPP, SUZAN COX o��...s�.� �.,. ,Notary Public, State of Texas r ;• My Commission 2U15es «�;,, October 27, THE STATE OF TEXAS COUNTY OF NUECES Nofary Pk1lic, State of Texas The Tax Levy is hereby approved by the City of Corpus Christi City Council on this ,A.D.,2015 ATTEST: City Secretary, City of Corpus Christi For information contact: voice fax Motor Vehicle (361) 888-0459 (361) 888-0482 day of Mayor, City of Corpus Chrsiti Property Tax (361) 888-0230 (361) 888-0218 Voter Registration (361) 888-0404 (361) 888-0339 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: TO: October 27, 2015 Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager mariape@cctexas.com (361)826-3176 Miles Risley, City Attorney milesr@cctexas.com (361)826-3361 Authorizing Agreement for Proposals for Broker of Record Services for Property Insurance CAPTION: Motion approving a joint service agreement with Borden Insurance of Corpus Christi, Texas and McGriff, Seibels & Williams, Inc. of San Antonio, Texas, for Broker of Record Services for Property Insurance, based on lowest best proposal received, in response to Request for Proposal Event Number 71 in the amount of $27,700. The term of the contract will be for one- year period, with options to extend for up to four (4) additional one-year periods subject to the approval of the Contractor and the City Manager or designee. PURPOSE: Obtain broker of record services for property insurance, in response to Request for Proposals. Responses are depicted as follows: BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE RFP - PROPOSAL SUMMARY 5 Year Total: $138,500 Year 5 — $27,700 Year 4 " $27,700 Year 3 — $27,700 Year 2 " $27,700 5 Year Total: $200,675 Year 5 $59,135 Year 4' $49,135 Year 3 — $39,135 Year 2 ^' $29,13 ar 1 ^' $24,13=. 5 Year Total: $300,000 Year 5 — $60,000 Year 4 — $60,000 Year 3 ^' $60,000 Year 2 ^' $60,000 Borden/McGriff Carlisle Alliant (Met Min. Requirements) (Met Min. Requirements) (Met Min. Requirements) Year One Year Two Year Three 5 Year Total: $300,000 Year 5 — $60,000 Year 4 — $60,000 Year 3 ^' $60,000 Year 2 — $60,000 AON (Did Not Meet Min. Requirements) Year Four Year Five BACKGROUND AND FINDINGS: In May of 2015, the City's Risk Management Division began the process of creating a single criteria Request for Proposal for a Broker of Record Services for Property Insurance. With the assistance of the City's Insurance Consultant, RWL Group, Inc. and the Senior Buyer of the City's Purchasing Department, the RFP was created, advertised and issued on July 31, 2015. On September 4, 2015, the evaluation team reviewed the 4 proposals received in order to verify compliance with all of the minimum requirements set forth in the RFP. The Borden Insurance and McGriff, Seibels & Williams, Inc., joint proposal was evaluated to be the best lowest proposal received in accordance with the Request for Proposal Event 71 for an estimated one- year expenditure of $27,700.00 for Broker of Record Services for Property Insurance. The term of the service agreement will be for one year with an option to extend for up to four additional twelve-month periods, subject to the approval of the service providers and the City Manager or designee. This service will provide the necessary expertise for the placement of the City's All -Risk property insurance program for all applicable City departments. Funds have been budgeted by the Legal Department in FY 2015-2016. The City's Property Insurance Program currently carries Property Insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown coverages. The City's Property Insurance Program is a layered program with admitted and non - admitted commercial carriers participating. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes; wharves, docks, piers and fine arts. The City also purchases flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A through the National Flood Insurance Program. The Texas State Aquarium is also a named insured on the City's Property Insurance Program. Total Insured Values are currently estimated at $688,954,976. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department 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 $27,700.00 $.0 $27,700.00 Encumbered / Expended Amount $.0 $.0 $.0 This item $27,700.00 $.0 $27,700.00 BALANCE $.0 $.0 $.0 Fund(s): Liab/EB Liab Comments: The Broker of Record Services for Property Insurance, Proposal Summary shown above represents the annual fee costs for all four proposers for 5 years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Broker of Record Services for Property Insurance, Proposal Summary Breakdown CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA PEDRAZA BID EVENT NO. 71 BID TABULATION - BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE 2015 Broker of Record For Property Insurance RFP Proposals Summary Breakdown BORDEN/MCGRIFF ANNUAL FEE NFIP MET MIN. NFIP COMMISSIONS CANNOT BE REBATED NET TOTAL ANNUAL FEE COMMISSION REQUIREMENTS BACK TO CLIENT Year One $27,700 $20,865 Yes Will keep commission. $27,700 Year Two $27,700 $20,865 Yes Will keep commission. $27,700 Year Three $27,700 $20,865 Yes Will Keep commission. $27,700 Year Four $27,700 $20,865 Yes Will keep commission. $27,700 Year Five $27,700 $20,865 Yes Will keep commission. $27,700 5 Year Total $138,500 CARLISLE ANNUAL FEE NFIP MET MIN. NFIP COMMISSIONS CANNOT BE REBATED NET TOTAL ANNUAL FEE COMMISSION REQUIREMENTS BACK TO CLIENT Year One $45,000 $20,865 Yes Will apply commission to offset annual fee. $24,135 Year Two $50,000 $20,865 Yes Will apply commission to offset annual fee. $29,135 Year Three $60,000 $20,865 Yes Will apply commission to offset annual fee. $39,135 Year Four $70,000 $20,865 Yes Will apply commission to offset annual fee. $49,135 Year Five $80,000 $20,865 Yes Will apply commission to offset annual fee. $59,135 5 Year Total $200,675 ALLIANT ANNUAL FEE NFIP MET MIN. NFIP COMMISSIONS CANNOT BE REBATED NET TOTAL ANNUAL FEE COMMISSION REQUIREMENTS BACK TO CLIENT Year One $60,000 $20,865 Yes Will keep commission. $6Q000 Year Two $60,000 $20,865 Yes Will keep commission. $60,000 Year Three $60,000 $20,865 Yes Will keep commission. $60,000 Year Four $60,000 $20,865 Yes Will keep commission. $60,000 Year Five $60,000 $20,865 Yes Will keep commission. $60,000 5 Year Total $300,000 AON * ANNUAL FEE NFIP MET MIN. NFIP COMMISSIONS CANNOT BE REBATED NET TOTAL ANNUAL FEE COMMISSION REQUIREMENTS BACK TO CLIENT Year One $60,000 $20,865 No, Non Responsive Will keep commission. $60,000 Year Two $60,000 $20,865 No Will keep commission. $60,000 Year Three $60,000 $20,865 No Will keep commission. $60,000 Year Four $60,000 $20,865 No Will keep commission. $60,000 Year Five $60,000 $20,865 No Will keep commission. $60,000 5 Year Total $300,000 * AON indicated they would take contingent commission from property insurance carriers. SERVICE AGREEMENT BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE Service Agreement No. THIS Broker of Record Services for Property Insurance Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and Borden Insurance and McGriff, Seibels & Williams (jointly described hereafter as "Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE in response to RFP Event No. 71; WHEREAS the City has determined Contractor to be the lowest responsible proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE in accordance with RFP Event No. 71 ("Services"), which request for proposal and related specifications, if any, are attached to this Agreement and incorporated by reference into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "B" in the amount of $27,700 per year. 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to four additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who is the Risk Manager. 4. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 5. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Risk Manager will be given at least 30 days' notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 8. Waiver. No waiver by either party of any breach of any term or condition of this Agreement, or Exhibit A, or the Contractor's response to RFP Event No. 71 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Risk Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 12. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. B. Failure to keep all insurance policies in force for the entire term of the Contract constitutes a material breach and is grounds for termination. Upon Contract Administrator's receipt of the required notice of any change in coverage, the Contract Administrator will provide Contractor with written notice of same and give Contractor a reasonable opportunity to cure. If the Contractor fails to cure within the specified cure period, the City may terminate the Contract immediately thereafter. C. Alternatively, the City may terminate this Agreement, with or without cause, upon 20 days advance written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon 90 days' advance written notice to the City. D. If the City terminates its Contract under the foregoing paragraph, the City shall pay the Contractor for services actually performed prior to such termination, less such payments as have been previously made. Contractor shall not be entitled to any further compensation for work performed by the Contractor or anyone under its control or direction from the date of receipt of notice of cancellation including any and all costs related to the transferring of any files to another Contractor or any costs related to the electronic transfer of any information including, but not limited to: tape transfers, downloads, uploads, CDs, etc. E. Upon termination of the Contract, the Contractor shall provide the City reproducible copies of all work completed or partially completed documents prepared under the Contract — all such documents thereinafter being the sole property of the City within (30) days of such termination at the Contractor's expense. 13. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 14. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 15. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 16. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Risk Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 Fax # 361-826-3697 IF TO CONTRACTOR: Contractor Contact Person: Address: City, State, ZIP Fax #: IF TO CONTRACTOR: Contractor Contact Person: Address: City, State, ZIP Fax #: 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any such provision or any part thereof is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. Contractor: Signature: Printed Name: Title: Date: Contractor: Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Incorporated by Reference: Exhibit A: Request for Proposal Event No. 71 (Available upon request) Exhibit B: Contractor's Proposal (Available upon request) AGENDA MEMORANDUM For the City Council Meeting of October 20, 2015 DATE: TO: THRU: September 10, 2015 Ronald L. Olson, City Manager Gustavo Gonzalez, P.E., Assistant City Manager GustavoGo@cctexas.com (361) 826-3897 Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Jeffrey Edmonds, P. E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 UPDATE TO CITY COUNCIL Staples Street Corridor Pavement Markings Plan STAFF PRESENTER(S): Name 1. Valerie H. Gray, P.E. 2. Jeffrey Edmonds, P.E. 3. Jerry Shoemaker, P.E. OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Executive Director Director Senior Project Manager Title/Position Department Public Works Engineering Svcs Engineering Svcs Organization BACKGROUND: This discussion involves two projects: Bond 2012 South Staples Street Reconstruction (IH -37 to Morgan) and Bond 2014 Staples Street Reconstruction (Morgan to Alameda). Adding bike access was considered in the final coordination of both projects. The 2012 Bond brochure specifically states the following: "Future Bike Routes will require evaluation at the time of roadway design and will conform to the adopted Bikeway Plan of the Urban Transportation Master Plan / Integrated Community Sustainability Plan (ICSP)." The existing roadway is a 4 -lane section with on -street parking. Many of the adjacent businesses do not have sufficient space for parking and, therefore, all must use on -street parallel parking. In considering the addition of bike lanes, it is important to note that the existing street right-of-way (ROW) cannot be increased due to the zero lot line construction. Since the roadway cannot be widened, the only option for accommodating bike lanes is to consider changing the lane configuration from 4 -lanes to 3 -lanes. Staff conducted a series of three public workshops (August 17th 24th and 31St) to present the alternate configurations with exhibits. Also presented was a detailed computer simulation of both 4 -lane and 3 -lane configurations. The simulation modeled the AM and PM Peak traffic demands. The results of the discussions from the three workshops is being presented to Council for final consideration. The awarded construction plans call for a 4 -lane section with bike lanes which impact parking. Staff will modify the construction requirements to accommodate the final marking plan as directed by Council. Changing the marking plan is a minor change that would not impact schedule and would not materially affect the cost of the project. The following is the Bond language for both projects: Bond 2012 (South Staples Street from Morgan Ave. to IH 37) — Includes reconstruction of the existing 4 -lane road, adjustments to accommodate recently improved curb and gutters, sidewalks, ADA curb ramps, as well as lane striping, pavement markings and bus stop rehabilitation. Bond 2014 (Staples Street from Alameda to Morgan) — This project includes full - depth repair of the existing undivided four lane roadway. Although this roadway is designated as an A-1 Minor Arterial in the Urban Transportation Plan (four travel lanes with continuous center turn lane), consideration is being given to design the roadway as modified C-3 Primary Collector (four travel lanes) due to existing right-of-way constructions and traffic conditions. Other improvements include curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Future Actions: Council direction to staff for the preferred configuration and incorporation of the Council direction into the construction contract documents. LIST OF SUPPORTING DOCUMENTS: None Corpus Chr sti Capital Programs South Staples Street Pavement Marking Plan Council Presentation October 20, 2015 Project Map Corpus Christi Capital Programs AYERS ST S STAPLES (BOND 2012) ARTESIF' STINA (RT, ■ S STAPLES (BOND 2014) Issues 41* Corpus Chr sti Capital Programs • Two Bond projects underway for Staples Street. • One project under design and one project is under construction. • Decision needs to be made regarding lane allocation and bike lane inclusion to finalize pavement marking plan. • Inclusion of bike lanes will require lane allocation or on -street parking changes. Project Background Corpus Chr sti Capital Programs ➢ S. Staples from IH -37 to Morgan Ave. 2012 Bond Project Construction Contract Award - $ 13,414,114.10 to Bay LTD Curb to curb reconstruction of roadway (Existing 4 Lanes) ➢ S. Staples from Morgan Ave. to Alameda St. Bond 2014 Project Project under design 60% (Estimated Cost $4,300,000.00) Reconstruction of roadway (Existing 4 Lanes existing) with new curb & gutter, and sidewalks with ADA improvements Consideration for bike lanes as presented in the Bond Election: "Future bike routes will be evaluated at the time of roadway design and will conform to the adopted Bikeway Plan of the Urban Transportation Master Plan/Integrated Community Sustainability Plan (ICSP)." 4 Lane to 3 Lane Conversion il Corpus Chr sti Capital Programs • 4 to 3 lane conversion required to accommodate bike lanes • Common practice nationwide A Summary of Experiences with • Significant literature on the topic STATEWIDE LANE ELIMINATION GUIDANCE 3 -Lane Roadway Conversions FLORIDA DEPARTMENT OF TRANSPORTATION Transportation Statistics Office FEBRUARY 2014 FDOT1 Hennepin County, Minnesota City of St. Paul, Minnesota CENTER, LANE 1 ONLY SAINT PA U I. AAAA 1 h„ 1'1961 T16.1L112 City 1,6 ADIPI PT 111111W11111— edesigning the Street Ph ZI X6rI 50TATION DEPARTMENT Email: transponatidnd.austir texasAcy Updated May 20, 5 Benefits of 3 Lanes 41* Corpus Chr sti Capital Programs • Better visibility of oncoming traffic • Fewer excessive speed incidents • Fewer weaving motions • Less unexpected braking _ • Safer parallel parking - • Safer bicycle & pedestrian use 4 Lane (Lett Turning Vehicles Have Obstructed Views) 1 3 Lane (Left Turning Vehicles Have Clear Views) Pavement Marking Alternatives Corpus Christi Capital Programs Average Daily Traffic 25,000 20,000 15,000 10,000 5,000 0 Practical Operating Ranges for Roadway Design Types Staples ADT indicates its appropriateness for a 3 - Lane Section with Two Way Left Turn Lane (TWLTL) Staples ADT 2 Lane 3 Lane 4 Lane 4 Lane Undivided Divided 11,500 Computer Simulation 41* Corpus Chr sti Capital Programs Staff collected Traffic Counts to complete a Traffic Impact Analysis and computer simulation that was presented at the workshops. ➢ Modeling indicates minor capacity degradation resulting in an average travel time increase of 1 second per vehicle with 3 -lane configuration during PM peak hour and no change during AM peak Pavement Marking Alternative 1 Corpus Christi Capital Programs EXISTING 4 LANE CONFIGURATION icC (�?A VEL LANE TRAVEL VEL LANE TRAVEL LANE f' Pavement Marking Alternative 2 Corpus Christi Capital Programs 3 LANE CONFIGURATION WITH TWO WAY LEFT TURN LANE (TWLTL) TRAVEL LANE 1 CENTER TUI LANE .1 TRAVEL LANE 4 KING LANE Pavement Marking Alternative 3 Corpus Christi Capital Programs 3 LANE CONFIGURATION WITH TWLTL AND BIKE LANES ARKNG LANE TRAVEL LANE CENTER TUI LANE .1 TRAVEL LANE Public Workshops 41* Corpus Chr sti Capital Programs To increase input from local businesses and property owners and to share information, three public meetings/ workshops were conducted: ➢ 1St Workshop - August 17, 2015 ➢ 2nd Workshop - August 24, 2015 ➢ 3rd Workshop - August 31, 2015 Tradeoff Analysis Corpus Chr sti Capital Programs CHARACTERISTIC RETURN TO EXISTING 4 -LANE 3 -LANE WITH 3 -LANE WITH TWLTLAND TWLTL BIKE LANES Peak hour capacity Best Good Good Peak hour average corridor delay increase Same as existing Less than 10 s Less than 10 s Peak Hour Level of Service (LOS) score C C C Reduction of high risk speeding None Good Best Oncoming traffic visibility problems for left turns Poor Good Good On street parking safety Poor Good Best Cyclist accommodation Poor Good Best Accident incidence Same 25-35% reduction 25-35% reduction Conclusion 41* Corpus Chr sti Capital Programs • Guidance on lane configuration is required to allow both projects to move forward. • There are benefits to a 3 lane conversion • The tradeoff is between shared use and enhanced safety versus slight increases in corridor delay. • The vast majority of the workshop attendees were adjoining business owners who expressed a strong desire to remain with the existing 4 lane configuration il Corpus Chr sti Capital Programs Questions?